10 Keys To Know When You Need A Psychological Report At The Judicial Level
During my career as a Forensic Psychology professional, I have always encountered many and varied requests from people who need a report for the judicial field. Even with clients in both the civil and criminal fields (or any other field) who, generally, were not very clear about why or why they wanted that report that they needed for a trial.
To understand everything, we must keep in mind that in our country, the figure of the Forensic Psychologist or psychologist began in Spain in the 80s, to grow little by little throughout the territory. A Forensic Psychologist is a psychologist expert within the judicial field whose task is to evaluate and prepare reports on objects of expertise requested by the parties.
Initially, his figure was always better known from the public sphere, especially in the family sphere, when there were child custody problems involved. And, later, his role as a private professional also expanded.
For a long time it has been thought that the public professional was more neutral, or his assessment was more correct than the private professional, due to the false belief that “since the client pays that professional, it is understood that he has less neutrality” . Obviously this is not nor should be the case, being increasingly a relevant figure within the Spanish legal system, not because it is private or public, it is neither a better professional nor more neutral.
That’s why I’m going to give you 10 keys to know when to look for a psychologist to give you an expert psychological report
How and why to look for a psychologist who prepares judicial psychological reports
Keep these key ideas in mind when making your decision.
1. It is not therapy, just evaluation
Don’t look for a therapy psychologist, it has nothing to do with The psychologist who gives you therapy can give you a history report, but it is not a report with the guarantees or content or form appropriate for the judicial field.
Thus, the professional who is only a therapist is not trained to intervene in the legal field. If you need therapy, look for a therapist, but if you are unwell due to any psychological sequelae that, although it may require treatment, is related to proof for a trial that you need to obtain, look for a Forensic Psychologist.
Whether for various reasons requested by the client, the psychological report It is always evidence in a trial, and that is its function
If you need proof of a psychological after-effect after a traffic accident (let’s say that you develop a phobia of driving after an accident, or that after a crime, you develop Post-Traumatic Stress Disorder), you need to be able to prove two things: that you really have a disorder and it is really generated by that episode.
This is where the report comes in, because it is an exhaustive evaluation mechanism that, in addition, must be duly argued and justified by the most up-to-date bibliography and the latest research in each area reviewed in the report. The more formal and detailed your evidence is, the more chances you will have of a judgment in your favor
3. It is key when you seek the truth
If you have a judicial problem, do not believe that the mere fact of hiring a judicial psychologist to prepare a report for you assumes that the report will only prove you right. If you think like that, you are wrong.
The professional must always be neutral, whether hired by you or appointed by the court itself And this is what you will receive in the report, sometimes it will be beneficial for you, other times not, and sometimes neither.
4. You need a complete job
Too many times I have been told “why such a high price for a report that I can have in two afternoons.” Or that “what I need is something simple for a trial.” This is a very big mistake, If you go for a report you have to request a complete job
A good report is not done in “two afternoons” and there are no “simple” reports. The psychological expert report involves a process that begins with a prior analysis: when the client, either through himself or through his lawyer, presents the object of the expert opinion to you. The first thing is to study if it can be carried out, see what tests or methods of evaluation you should apply, and finally make a budget for the service you are going to provide.
Later comes the evaluation, which is not fixed, since it can be extended, and that must be included in the price of the report beforehand, since What you pay for is not only the professional’s time, but also the final result of the test he or she has performed for you
Finally, you have to write the report, capture the results and, most importantly, justify the conclusions; because let us remember that, as proof, it serves so that the elements of the Spanish legal system, which are in charge of such important decisions, have the greatest amount of data.
But This is the report, then a return is usually made with the client It is important that you understand what has been obtained and subsequently you have to defend or ratify that report in an oral hearing/trial, which could be anywhere in Spain.
If you read this, remember that when hiring you are looking for a professional who will do the complete job for you, even though this entails a high price.
5. Assess custody
The reports They do not decide custody, but rather reflect the relationship between parents and their children to see the educational suitability and relationship they have between them so that the judge can assess whether custody is appropriate for a father or mother.
I put this point because it is very common for minors to request these reports. And if, The examination can be carried out on the minor by notifying the other party, even if they do not agree, if it is for the preparation of a report
A good forensic psychological report is essential for this area, and here it is important to look for a well-trained and specialized professional.
6. The time needed to present the evidence
The most common problem is that clients ask you for a report to be done in a week or 15 days; Always, as a rule, when I receive this type of clients I usually answer that my professionalism prevents me from adjusting to these very short deadlines.
This is because a report is not something that is done quickly, if you go back to point 4 you will see all the steps that must be followed. Thus, Whenever you are going to request a report, do it in advance, at least one month
7. Don’t stop hiring it because of its price: well planned, it is not as expensive as you think
I would like to expand on this regarding another point. Expert reports are expensive, they normally cost around €1,000 (this is in 2020), but what you are going to hire is not just anything, it is something that can mark the difference between one result or another in the judicial environment
Logically, a complex tool that must also be defended in court will be expensive. Furthermore, it is not a payment in installments, but rather a one-time payment, so ultimately the investment is not as big as one thinks.
I put a comparison. If you go to a health/clinical psychologist for therapy sessions, on average the session usually costs around €50 and you go weekly for 6 months, which may be the appropriate duration. At the end of your intervention you have paid around €1,200 (probably more). Seen from this perspective, now the extensive work hours that a psychologist in the judicial field does is not as expensive as it seems.
8. When it is useful and you really need it
Here sometimes it is not so much a fault of the client, but of his lawyer, which in order to obtain more evidence that may help, encourages the client to seek a report; but then this report is either not necessary or really insubstantial.
Let’s take the example of the traffic accident again; Let’s think that the person develops a psychological sequelae, and what the lawyer asks the expert is to evaluate the credibility of the testimony. It could be done, but it makes no sense to evaluate that aspect, and a psychopathological assessment of sequelae would be more useful.
Additionally, countless times I have been asked to evaluate another person, for example the opposing party, without seeing them. This is impossible and a huge mistake, apart from the fact that it is unethical and makes no sense. The professional can only capture the information that he has evaluated and about the people he has seen
9. Be clear that it is a tool, not a guarantee
It is normal for a client, when requesting a report, to want it done perfectly; He deserves no less. But a good report is not a guarantee of victory in a trial, even if it is favorable to the person.
You have to understand that it is just another tool, but it does not give a total guarantee, because this is totally uncontrollable. Do not hire him if you are not aware of this point.
The important thing is to have well-trained professionals and a well-defined object of expertise to maximize the possibilities.
10. Good and healthy questions
Sometimes the goal is not just to have the report. It is also know that lawyers must ask the appropriate questions so that the professional can extend said information in an oral hearing
That is to say, having only the report and the professional arriving and saying: “I ratify it”, is basically losing money. It is important for the lawyer to take into account what he can and should ask; He will do it if it is favorable to him, but also if he is not. Because his objective is to dismantle the report as evidence if it does not benefit his client, or to rely on his thesis if it gives him a better chance of winning.
It is also important to know how to ask questions about the reports of the opponents, although in Spain the figure of the “counter-report” is not very well regarded.
Are you interested in knowing more?
If you need more information to request a report, contact me; My name is Rubén Tovar, I am a Health Psychologist and specialized in Clinical, Legal and Forensic Psychology from the UCM and founder of Terapiaencasa.es. Both I and my colleague Luis Lucio Lobato, Health Psychologist and university professor, carry out reports throughout the Spanish territory.
Based on our methodology, two professionals always intervene, because it gives greater credibility and neutrality to our reports. Furthermore, we always justify in maximum detail all the information we include in our reports.
If you need more information, ask us through these contact details.
