Within the various disciplines of natural and applied sciences, the term forensic applies to the application of one or more scientific disciplines to the law, including both civil and criminal. Curt and Anne Bartol (2008) provide examples of professional forensic disciplines to include forensic accounting, forensic archaeology, forensic computer investigation, forensic engineering, forensic linguistics, forensic medicine, forensic pathology, forensic psychiatry, forensic psychology, and forensic social work (p. 3). While psychological experiments and texts regarding the interaction of the field of psychology and the legal system in the United States can be documented as far back as 1893, it was not until the 1970s that full-time forensic psychology professionals and professional associations began to form and it was not until 2001 that the American Psychological Association recognized forensic psychology as a specialty (Bartol & Bartol, 2008). As the forensic psychology specialty grew and began to develop subspecialties, the field provided many notable aspects to the criminal justice system to include forensic hypnosis and improvements to eyewitness identification procedures.
While the concept of hypnosis in psychology can be traced back to Franz Mesmer’s doctoral dissertation at the University of Vienna in 1773, conclusions of invalidity by more known figures such as Benjamin Franklin and Sigmund Freud suppressed the use of hypnosis techniques in the United States for well over a century (Reiser, 1980). Attempts were made in the 1950s to train police investigators in hypnosis techniques, however, the time was not right and the concept did not take hold (Arons, 1967). In 1968, the Los Angeles Police Department hired Martin Reiser, Ed.D., as the first full-time police psychologist in the United States (Bartol & Bartol, 2008). Reiser retooled the concepts of hypnosis into a forensic tool for the refreshment of witness memory that was ultimately accepted as a valid scientific investigative tool by the United States Supreme Court in Rock v. Arkansas, 483 U.S. 44 (1987).
Research in forensic psychology has also had a significant impact on how police investigators present photo spread lineups to victims and witnesses. While forensic psychologists began publishing research on the topic in the late 1990s and the American Psychology-Law Society (AP-LS) published in 2001 the Police Lineups White Paper that provided ways to improve lineup procedures (Bartol & Bartol, 2008), it would be years before legislative action would be taken in many states to require the evidence based practices for improvements in police procedure that had been shown to reduce erroneous identifications and enhance both objectivity and reliability in photo spread lineups. In 2011, the Texas Legislature passed House Bill 215 that created Article 38.20 of the Texas Code of Criminal Procedures entitled Eyewitness Identification Procedures. The new law required every law enforcement agency in the state of Texas to adopt and implement detailed written policies regarding the administration of photographic and live lineup procedures and to update those policies every two years. The procedures were required to be based on model policies developed by the Law Enforcement Management Institute of Texas (LEMIT) based on current research and publications from the field of forensic psychology (Texas Commission on Law Enforcement Officer Standards and Education, 2011).
While this paper only discusses two aspects of forensic psychology history dozens of other significant and hundreds of other less significant events have helped develop and shape the specialty of forensic psychology and its developing subspecialties. As time progresses, the field of forensic psychology will likely continue to grow, develop and alter both aspects and the core of the civil, criminal, and administrative courts systems.
Within the various disciplines of natural and applied sciences, the term forensic applies to the application of one or more scientific disciplines to the law, including both civil and criminal. Curt and Anne Bartol (2008) provide examples of professional forensic disciplines to include forensic accounting, forensic archaeology, forensic computer investigation, forensic engineering, forensic linguistics, forensic medicine, forensic pathology, forensic psychiatry, forensic psychology, and forensic social work (p. 3). While psychological experiments and texts regarding the interaction of the field of psychology and the legal system in the United States can be documented as far back as 1893, it was not until the 1970s that full-time forensic psychology professionals and professional associations began to form and it was not until 2001 that the American Psychological Association recognized forensic psychology as a specialty (Bartol & Bartol, 2008). As the forensic psychology specialty grew and began to develop subspecialties, the field provided many notable aspects to the criminal justice system to include forensic hypnosis and improvements to eyewitness identification procedures.
While the concept of hypnosis in psychology can be traced back to Franz Mesmer’s doctoral dissertation at the University of Vienna in 1773, conclusions of invalidity by more known figures such as Benjamin Franklin and Sigmund Freud suppressed the use of hypnosis techniques in the United States for well over a century (Reiser, 1980). Attempts were made in the 1950s to train police investigators in hypnosis techniques, however, the time was not right and the concept did not take hold (Arons, 1967). In 1968, the Los Angeles Police Department hired Martin Reiser, Ed.D., as the first full-time police psychologist in the United States (Bartol & Bartol, 2008). Reiser retooled the concepts of hypnosis into a forensic tool for the refreshment of witness memory that was ultimately accepted as a valid scientific investigative tool by the United States Supreme Court in Rock v. Arkansas, 483 U.S. 44 (1987).
Research in forensic psychology has also had a significant impact on how police investigators present photo spread lineups to victims and witnesses. While forensic psychologists began publishing research on the topic in the late 1990s and the American Psychology-Law Society (AP-LS) published in 2001 the Police Lineups White Paper that provided ways to improve lineup procedures (Bartol & Bartol, 2008), it would be years before legislative action would be taken in many states to require the evidence based practices for improvements in police procedure that had been shown to reduce erroneous identifications and enhance both objectivity and reliability in photo spread lineups. In 2011, the Texas Legislature passed House Bill 215 that created Article 38.20 of the Texas Code of Criminal Procedures entitled Eyewitness Identification Procedures. The new law required every law enforcement agency in the state of Texas to adopt and implement detailed written policies regarding the administration of photographic and live lineup procedures and to update those policies every two years. The procedures were required to be based on model policies developed by the Law Enforcement Management Institute of Texas (LEMIT) based on current research and publications from the field of forensic psychology (Texas Commission on Law Enforcement Officer Standards and Education, 2011).
While this paper only discusses two aspects of forensic psychology history dozens of other significant and hundreds of other less significant events have helped develop and shape the specialty of forensic psychology and its developing subspecialties. As time progresses, the field of forensic psychology will likely continue to grow, develop and alter both aspects and the core of the civil, criminal, and administrative courts systems.
References
Arons, H. (1967). Hypnosis in Criminal Investigation. Springfield, IL: Thomas Publishers.
Bartol, C., & Bartol, A. (2008). Introduction to Forensic Psychology: Research and Application. Thousand Oaks, CA: Sage Publications, Inc.
Reiser, M. (1980). Handbook of Investigative Hypnosis. Los Angeles, CA: LEHI Publishing Company.
Texas Commission on Law Enforcement Officer Standards and Education. (2011). Course 3182: Texas State 82nd Legislative Session Update [PowerPoint Slides]. Austin, TX: TLCEOSE Training Division.
Arons, H. (1967). Hypnosis in Criminal Investigation. Springfield, IL: Thomas Publishers.
Bartol, C., & Bartol, A. (2008). Introduction to Forensic Psychology: Research and Application. Thousand Oaks, CA: Sage Publications, Inc.
Reiser, M. (1980). Handbook of Investigative Hypnosis. Los Angeles, CA: LEHI Publishing Company.
Texas Commission on Law Enforcement Officer Standards and Education. (2011). Course 3182: Texas State 82nd Legislative Session Update [PowerPoint Slides]. Austin, TX: TLCEOSE Training Division.
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