CHAPTER ONE
CHAPTER OBJECTIVES
► Understand the significance of the ability to reason in the criminal law.
► Know the basic definition of forensic science and the disciplines which fall under this rubric.
► Appreciate the impact of social learning principles on aggressive behavior.
KEY TERMS
Wild beast test Benjamin Cardozo
Expert testimony Soft v. Hard Science
LECTURE NOTES
History of Forensic Psychology
The “Wild Beast Test”
Formulated by Judge Henry de Bracton in 1256 CE, referred to “insane people” who should not
be held morally accountable for their actions because they were regarded as being “beast–like.”
Bandura, Ross, and Ross (1961) conducted research which was utilized by lawmakers to show
that aggressive behavior seen on television and in the movies can be transmitted to children via
“imitation.”
Examples of the influence of forensic psychology:
The “Twinkie Defense” originated in 1985 when councilman Dan White shot and killed fellow
The science and discipline of forensic psychology involves many subtopics, these include:
Psychology applied to civil law
Psychology applied to criminal law
Psychology applied to juries
Psychology applied to investigations
Forensic odontology involves the examination of dental remains and dental injuries for the
identification of victims or suspects.
Forensic anthropology involves the examination of skeletal remains in order to identify victims
and at times help determine cause of death.
Forensic engineering examines the causes of failures of devices or structures.
Differences between law and psychology (science):
Law is normative, science is descriptive. Law is value-laden, science is value-free. Legal
reasoning is deductive. Legal findings are based on certainties and standards of proof such as
“beyond a reasonable doubt.”
Scientific findings are based on probabilities such as “significance at the .01 or .05 level,” i.e.,
physiological measurements).
William Marston (1922) was the first professor of “legal psychology” in America.
The first time social science played a major role in a U.S. Supreme Court case was in Brown v.
Board of Education in 1954. This took the form of the “Doll Test.” Psychologists Kenneth
Bancroft Clark and his wife psychologist Mamie Phipps Clark demonstrated the harmful effects
segregation had on the self-esteem of black children using dolls to which black children
attributed positive and negative traits.
SUMMARY
Forensic science is the study and practice of applying natural, physical and social
sciences to the resolution of social and legal issues. There are many forensic specialties, such as
forensic pathology, forensic anthropology, forensic economics, and forensic psychology and
psychiatry. Forensic science in courts of law, take the form of expert scientific testimony.
Psychological testimony often takes the form of psychological syndromes or profiles, and is
often referred to as soft science while the physical sciences are seen as hard sciences. There is
often a strain between psychology and the law due to fundamental differences in how each field
There have been many novel syndromes during the last thirty years, some of which are
based on scientific data and are useful, many of which are based on questionable research and
developmental methods and are of no vale. The latter is particularly true when a “syndrome” is
initially developed for the purpose of establishing a legal defense. In addition, there is evidence
that applied psychology is inordinately affected by “social fashion” and that social activism is
presented to the courts and the public is the guise of science.
REVIEW QUESTIONS
1. In the Thirteenth century, were insane people generally held criminally responsible for their
actions? Why or why not?
2. What are some of the topics included in the scientific study of forensic psychology?
3. What is forensic odontology and how can it help criminal investigators?
4. What branch of forensic science deals with the examination of insects that may be near and
around a crime scene?