Forensic Psychology Graduate Programs:
The Psychologist as Expert Witness

Forensic Psychology Graduate Programs

Watch any legal drama on TV, and you may think that the courts have always relied on forensic psychologists for expert testimony. From assessing a defendant's mental status to providing psychological profiles for criminal investigations, TV and movie dramas teach us about modern forensic psychologists' critical role in the criminal justice system. In reality, the psychologist as expert witness—and forensic psychology as a profession—are relatively recent developments in our legal system. But forensic psychology is now an integral part of our court system, and one that we cannot do without if justice is to be upheld. A growing number of forensic psychology graduate programs are available to prepare students for this emerging career.

Psychology and the Law in Forensic Psychology Graduate Programs

Although forensic psychology is a relatively new field, forensic psychology by its definition as "the intersection of psychology and the criminal justice system" is as old as our modern legal system. One of the first legal terms taught in forensic psychology graduate programs is "mens rea," a Latin term that has been a founding principle of our court system since the 17th century.

Mens rea defines criminal intent: "actus non facit reum nisi mens sit rea" ("the act is not culpable unless the mind is guilty"). Without a mens rea, the defense can argue that a defendant is insane and since he wasn't conscious of his crime, there was no crime committed. Criminal intent, a defining concept in our legal system, is a fundamental question of state of mind, a question of psychology. And that's where forensic psychologists come in.

To learn about other legal Latin terms, take our quiz on legal Latin phrases.

The History of Legal Psychologists in
Forensic Psychology Graduate Programs

One thing every student in today's forensic psychology graduate programs must learn is the history of psychologists in the courtroom. In spite of the obvious relationship between psychology and law, psychologists did not initially provide expert testimony about issues such as criminal intent or other legal issues related to a defendant's or witness's mental status.

Today, forensic psychologists commonly provide expert testimony on issues such as criminal responsibility, competence to stand trial and dangerousness, but early courts trusted these issues to "men of science," medical doctors outside of the legal system. There are several notable early examples of psychologists acting as expert witnesses, but their role was limited. It wasn't until 1962 when the landmark case of Jenkins v. the United States set the precedent for psychologists to provide expert testimony related to a defendant's mental status. This case paved the way for forensic psychologists to testify on such issues in US courtrooms.

The role of forensic psychologists continues to broaden, and the demand for their services remains strong. Learn more about becoming a forensic psychologist and find forensic psychology graduate programs that will help you achieve your career goals.

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Sources: apa.org, The Psychologist As Expert Witness by Theodore H. Blau