Basic Concepts in Psychology and Law

Abstract

In-depth consideration of causality is central to the determination of responsibility in tort actions. If causality and responsibility are not immediately evident, and if psychological factors play a potentially significant role in the plaintiff’s disability, the case may be set for trial. Adequately demonstrating the presence or absence of causality in depositions and in court requires that a psychologist (or other mental health professional) be retained as an expert to do a comprehensive assessment that will provide the court with sufficient information to assist with the determination of liability. That information must be valid, must be obtained using legitimate methods, and must present the information in a manner of value to the trier of fact (judge or jury). The psychologist must be well-acquainted with the requirements of the court, and the attorneys and judge must be sufficiently familiar with psychological concepts, in order for the members of the mental health and legal professions to meaningfully interact. This chapter and the three that follow will address these issues from the perspectives of both the psychologist and the court.