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Police Psychologists as Expert Witnesses in Appeal Hearings: Testimony for Disqualified Applicants and Fitness-for-Duty Forensic Psychological Evaluations

Abstract

Ronn Johnson

The Boston Marathon Bombing is a terrorizing international reminder of the intertwined domestic and Homeland Security scene management demands confronted by police officers. Protests following the death of three black males indicate that police must exercise integrity and maintain public trust despite boundary intrusions from their surging personal life stressors. The post-Ferguson psychological screening, training, retention, and supervision of police officers are nonetheless challenging. The Boston Marathon Bombings, Homeland Security issues and Ferguson, Missouri incident all point to the relevance that psychological evaluations play as a critical tool in shaping how departments make  decisions about applicants and incumbent officers. Police departments have mandated
psychological evaluations for applicants and have implemented fitness-for-duty triggering mechanisms for those desiring to remain police officers after some perceived misconduct. Litigation alleging negligent hire or retention factors tends to reinforce the need for a suitability operational standard of “rule out” for police psychological evaluations. The decisions from these evaluations lead to appeal situations as individuals may disagree with what they view as unfavorable psychological findings and recommendations. This article examines forensic issues related to the appeal process, with considerable attention devoted to preparation factors associated with a psychologist’s sworn testimony often provided at appellant hearings.

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