The documentary Murder on a Sunday Morning - Research Paper Example

The documentary Murder on a Sunday Morning Introduction This case study involves an assessment of the individual portrayed in the documentary murder on a Sunday morning. This documentary examines some of the failures of the justice system of the U.S. This caused to the prosecution of the young boy, who was innocent. From the documentary, it is evident that on the 7th of May the year 2000 a retired couple was approached by the young boy at a parking lot in Jacksonville, Florida. The couple who were from Toccoa in Georgia had just returned from breakfast when they were intercepted by a stranger, who pointed a gun at them. The stranger demanded that Mrs. Stephens gives him her purse. However, despite Mrs. Stephens surrendering her purse to the criminal she was shot dead. Her husband remained in shock; however, he was not harmed. Their assailant scarpered with the murder weapon and the purse. When these events were taking place, the fifteen year old boy Brenton Butler was going to apply for a job at a local block buster video outlet. However, he ended up in the Police department squad car of Jacksonville, therefore, not applying for the job. The police then took her to the scene of the crime where he was quickly identified by a sole eyewitness of the murder claiming that he was the shooter. Butler was taken to the police station after which he was held by the police for about twelve hours, who were convinced beyond doubt that he was guilty of the offence. Despite the police being convinced that he was guilty they had no evidence pointing Butler to the crime. This led to the case being transformed from an armed robbery investigation to a miscarriage of justice. Everything that transpired during the twelve hours that the boy was held at the police station was in effect of the murder that took place on a Sunday morning. In the documentary, Butler acts as a silent cipher he depicts the emblematic and inscrutable way that the black voices are normally silenced in the American society. Description of the potential roles of a forensic psychology professional in relation to the case study An evaluation of the potential roles of a forensic psychology professional in relation to the case study reveals that a forensic psychology professional would have helped in enhancing competency hearings. In such a criminal trial, it would have been necessary that competency is determined for several reasons. Maybe it is through the determination of competency that the boy would not have been found guilty of the offense. A forensic psychologist would have also helped in the determination of the defendant’s competency. If a forensic psychologist would have been involved in the case, the defendant would have had a chance to testify in his case. This would have also enabled the defendant understand the nature of the crime he has been indicted with and may be the police officers would have found the truth concerning the crime (Butcher, 2002). The role of a forensic psychologist in the documentary can be illustrated from an examination of the legal process that was undertaken in the case. This is evident from the unprecedented and unlimited levels of access to the trial, via the defense attorneys Finnell and McGuinness. This illustrates how a forensic psychologist can help in the construction of a case by proving the innocence of the accused and indicting such a department as Jacksonville police department for grievously miscarrying justice (Carson and Bull, 2003). The other role of a forensic psychologist is depicted in the character of the principal defender Patrick McGuinness. He seems to be an eloquent, hyper-focused, and righteous individual. It is the skepticism that is propelled by him that results to initial investigations concerning the negligible evidence the officers have amassed. It is through him that the doubt associated with the veracity of eyewitness identifications is enhanced. An examination of this documentary reveals that it is Mcguiness and Finnell, who help in the construction of some statement of truth. This is similar to the role that would have been played by a forensic psychology professional when addressing such a case (Davison, 1997). The other role that a forensic psychologist would play in such a case is to ensure that justice is obtained by carrying out an insanity assessment. This would help deem the truth if the accused was responsible for such a crime at the given time. Psychological assessments help in the evaluation of such determinations. In enhancing his role, a forensic psychologist can normally employ three interviews to prove that the accused is guilty or not. This involves an examination of the historical information concerning the defendant. The other interview would help in the scrutiny of the mental state of the defendant during the crime. The third interview would involve an assessment of the present mental state of the defendant. The other factors that would be taken into consideration during the interview involve the awareness of the defendant of the criminal act, the planning of the offense and the self-control of the defendant. This help in the analysis of collated information, which includes; police notes and reports, third party interviews and attorney notes. A forensic psychologist would employ a malingering test for witnesses, for example, the eyewitness in the documentary. This would help determine if the person is lying (Davison, 1997). The other role played by a forensic psychologist in such a case is the provision of psychological information. This can help the court room experts such as jury or the judge in understanding the process. This may help in the evaluation of the defendant and such a case would have helped in proving that the boy was innocent. This would be helpful in that it would help in prejudicing the jury against the defendant or the eyewitness (Carson and Bull, 2003). The other role of a forensic psychologist is evident in their provision of the advice during the trial process. A forensic psychologist would have been of help in conducting the case as he would have offered advice concerning the best way through which the trial should be carried out. For example, an examination of the many irregularities associated with Butler’s case, it is evident that there is an unquestionable fact that the investigators jumped into any black suspect they thought might have been suitable for the crime. This illustrates that there was no tangible evidence that linked Butler to the crime other than his skin color. If a forensic psychologist would have been available during the case, then proper investigation would have been carried out to provide proof that Butler committed the crime. The intimidation that the boy was exposed to from police officers like Michael Glover would not have occurred (Carson and Bull, 2003). The presence of a forensic psychologist would have helped in the profiling of the case. This would help in the assessment of the crime ensuring that the investigation remains on the right track and that the responsible party is caught. A forensic psychologist would ensure a thorough investigation because he would carry out an evaluation of the mindset and the behavior of the defendant (Carson and Bull, 2003). The forensic assessment principles according to the case study The forensic assessment principles that apply, in this case study, entail a breakdown of the criminal justice system into subcomponents. This help in an examination of how psychological knowledge can be applied during the forensic assessment of the crime. The first principle involves an evaluation of the start of the criminal investigation. This entails the forensic psychologists assuming the role of a criminal profiler. This involves an understanding of the human motivation, behavior and pathology, in order to; create a psychological profile concerning the offender. This helps in enhancing the accuracy of the investigation. This principle may be applicable to the case in that the observations of the crime scene, for example, claims by the eyewitness, would have been used to infer the behavioral characteristics of Butler if he truly committed the crime. This principle helps during forensic assessment because the profiler normally uses the knowledge he has to evaluate who the typical offender is from the characteristics obtained. This helps in the prediction of how the investigators should expect the offender to behave during the investigation process. This principle also helps during the apprehension of the suspect, and it offers more opportunities to enhance psychological intervention. This principle should have been applied in the investigative police work, in the documentary, to ensure enough proof is provided concerning Butler (Foster and Nicholas, 2000). The other forensic assessment principle involves an evaluation of the court system. This entails the use of forensic assessment in the evaluation of civil and criminal cases. This principle normally employs the use of competency assessment. Under this principle, the defendant can be assessed for their ability to make legal decisions of their own. It is under this principle that the defendant’s mental state is also evaluated. It is this that may lead to conclusions that the defendant is not guilty because of insanity. This is because the forensic assessment reveals that the defendant is not capable of performing such a criminal intent. This principle would also enhance an evaluation of the level of trauma that is likely to be caused to the defendant. It is these that help the courts in determining if there is any compensation to be offered to the defendant in case he is found not guilty of the offence (Butcher, 2002). Third party information that was essential for forensic assessment according to the case study An evaluation of third party information that may be necessary in the forensic assessment of the case study reveals that post-adjudication and pre-adjudication evaluation of third party information may have been necessary during the study. This may entail the random evaluation of the information given by the witnesses of the crime. This is normally essential in that it helps in obtaining the truth concerning the crime. The use of third party information is normally necessary in obtaining the truth concerning a crime. However, when using such information, a thorough criminal forensic evaluation is included to examine if there is any consistency in the information obtained from the third parties interviewed. The other third party information that may be helpful when carrying such a criminal investigation involves an examination of the sanity information of the witnesses. This refers to the information related to the mental health of the third party. This may involve carrying out a follow up by the evaluator concerning the third party. The intentions of the third party concerning the crime should also be examined. Such a party may have ill motives towards the defendant and a result may decide to give negative confessions concerning the defendant just to ensure the defendant is arrested. For example, in this case the only information that was obtained was from the eyewitness. If more than one party would have been involved in the investigation then may be more information would have been obtained concerning Butler’s association with the crime (Butcher, 2002). A description of three ethical or multicultural issues and considerations related to the case study Some of the ethical issues and considerations that are related to this study include; the proper identification of the offender. For a forensic practitioner, the offender is normally considered their client. This is normally the same case for the attorney, the custodian and the court. In ensuring the proper identification of the client, the correct referral questions are administered to all the parties involved (Lopez, 2002). The other ethical consideration involves an examination of the informed consent and disclosure of information obtained. Under this ethical consideration, a thorough investigation is conducted before any informed decisions are made concerning the case. This applies even in Butler’s case because if thorough investigations were conducted the truth about the crime would have been obtained. This ethical consideration also addresses the personal autonomy, which concerns the respect for everybody. This covers even the defendant. It is also necessary that confidentiality is enhanced during the investigation. The referral questions administered to the defendant during the investigation should be associated to the offence for which he is being investigated (Lopez, 2002). The other ethical consideration involves cases when the defendant refuses to comply with the investigation. In such an instance, the defendant should not be exposed to any form of torture, in order to, forcefully obtain information from them. This may cause the defendant to comply with the charges for fear of being tortured. The other ethical considerations involve an examination of the civil rights of the defendants. The civil rights of everyone involved in the case should be respected. For example, self-incrimination should not be used by the investigators, in order to, force the accused to give testimonial evidence against themselves. Any statement made by the defendant concerning the crime should be considered as it may help in the determination of the truth concerning the crime (Lopez, 2002). An examination of this case reveals that cultural issues should also have been taken into consideration. For instance, in the documentary, it is evident that Butler was accused of the crime because he was black. This can be considered as discrimination and should be discouraged in the legal system. The other ethical issue that should be taken into consideration concerns the age of the defendant. The police and the investigators should have examined the age of the boy before conducting the investigation. This would have helped in determining the questions that could be administered to the boy to ensure credible information regarding the case is obtained (Lopez, 2002). How a forensic psychology professional would address the ethical or multicultural issues An examination of how a forensic professional would have addressed the ethical issues above may have been through the scrutiny of some of the practices of the legal systems. A forensic psychology professional would also have ensured that the privacy of the defendant is enhanced. This would have been carried out by ensuring that high security standards are ensured for the defendant. It is by enhancing the security of a defendant like Butler that such a young boy might not fear to disclose any information concerning the crime. Such practices normally assist in ensuring that correct practices are identified, in order not to jeopardize the privacy of the defendant. To ensure this technology can be used to monitor any incidents that may jeopardize the privacy of the defendant (Melton, Petrila, Poythress, and Slobogin, 1997). A forensic psychology professional should also ensure that the civil rights of the defendant are protected. The forensic psychology professional should examine whether there is any form of self-incrimination that the defendant, or any third party involved in the case, has been exposed. This normally ensures that both the defendants and the third parties do not give information concerning the crime because they will be rewarded or for fear of torture. This also entails a thorough scrutiny of information given by other parties and the defendants concerning the crime. Any form of discrimination should be addressed by the forensic psychology professional. For example, in this case if the issue concerning race was addressed then it would have been easy to determine if Butler was guilty of the offense (Melton, Petrila, Poythress, and Slobogin, 1997). What a forensic psychology professional would think is essential when conducting the forensic assessment of the individual according to the case study Some of the issues that a forensic psychologist might consider essential when conducting such a case concern the examination of civil rights act of the persons involved in the case. The other issues concern the security standards and the privacy rules regarding the case. Some of the necessary steps that the forensic psychology officer may find it necessary to follow involve an examination of how the legal systems operate to ensure justice prevails (Ogloff, 1999). According to Butler’s case, it may be necessary that a forensic psychology professional ensures adequate security is provided for the defendant. This can be done by ensuring that the defendant is not forced to confess that he is guilty when in the real sense he is not. The other essential factor that can be taken into consideration concerns the training of staff involved with the investigation this includes the police officers. For example, an examination of the case reveals that there are so many irregularities that were involved in the case. If the police were trained properly on how to handle the investigation, they would not have arrested any black suspect they came across. This illustrates how a forensic psychologist might have helped the police officers in ensuring that tangible evidence is obtained before the defendant is arrested. The other issue that a forensic psychology officer might have addressed concerns ensuring violence is not used to force the defendant to confess. A forensic psychologist would have helped an intimidating officer like Glover know the correct way of obtaining information from the defendant (Ogloff, 1999). What the courts might think essential to determine from the forensic assessment of the individual according to the case study An issue that the courts might have found necessary to consider from the forensic assessment concerns the legal truth concerning the case. The forensic assessment would have provided sufficient proof that the boy was not the criminal. For example, a forensic assessment would have ruled out the accusations of the boy based on his color. A forensic assessment would have also ensured many witnesses are obtained, and the consistency of evidence provided by the witnesses would have been evaluated. The courts would have then used this in their ruling as to whether Butler is guilty or not (Butcher, 2002). The two forensic assessment instruments that might be used in the case study An examination of some of the forensic assessment tools that may be used in relation to the study include; ensuring the provision of expert witnesses. This is a tool that may have been used to ensure scientific opinion is formulated to help in the trial before providing the final decision. If this had been used in the case, then Butler would not have been accused based on the information obtained from the eyewitness. However, the tool would have ensured a rigorous investigation of the crime (Carson and Bull, 2003). The other tool is the assessment of the legal system. This would have ensured a thorough investigation of how the police and the investigators carried out their investigations concerning the case. This tool would have been beneficial in the case as Butler would have been found not guilty before the case proceeds further (Carson and Bull, 2003). The elements that would be added in the forensic assessment report according to the case study Some of the elements that would be included in the forensic assessment report based on the study include; information concerning psychometric tests. This would have helped in reducing any errors or bias during the judgment of Butler. This element would have helped in the maximization of the objectivity of the assessment. Therefore, enhancing the reliability of the information obtained (Foster and Nicholas, 2000). The other element is the risk assessment. This would have revealed some of the risks that the accusation of the wrong person would have caused to individuals and the legal systems. For example, in the documentary it is evident that Butler was later proved not guilty. This forced Jacksonville Police department to compensate him. A forensic assessment would have ensured the risks associated with the crime are assessed (Foster and Nicholas, 2000). The elements from the forensic assessment report according to the case study that are relevant for testimony The risk assessment is an element of forensic assessment that would have helped in ensuring enough evidence is obtained concerning the case before the conviction of Butler. This would have ensured that a significant legacy concerning the case is employed. A psychometric test would have also helped in knowing the criminal because the eyewitness testimony would have been investigated thoroughly. This would have helped in providing tangible information concerning the incident (Foster and Nicholas, 2000). The implications of the assessment to the results of the case Instruction files An examination of some of the consequences that the assessment had on the result of the case instruction file reveals that some of the issues that were an aftermath of the case would not have resulted. For example, Butler’s family settling a claim against Jacksonville police department and the penalties that were involved would not have occurred. The other issue concerns the demotion of the three police officers for not carrying out thorough investigations. The other issue concerns the lasting psychological impact of a young boy like Butler struggling with the distorted judicial system. An assessment would have ensured the procedural requirements for such a case are fulfilled before bringing the defendant to trial (Shapiro, D. L. (1999). Works cited Butcher, J.N. (2002). Assessment in forensic practice; Forensic psychology: From classroom to courtroom, pp. 65-81, New York: Kluwer Academic/Plenum Publishers. Carson, D. and Bull, R. (2003). Handbook of Psychology in Legal Context. 2nd Edition, Chichester: John Wiley and Sons Davison, S. (1997). Risk assessment and management: A busy practitioner’s perspective. International Review of Psychiatry, 9, 201-206 Foster, D. and Nicholas, L. (2000). Cognitive dissonance, de Kock and odd psychological testimony. South African Journal of Psychology, 30(1), 37-40 Hicks, J.W. (2004). Ethnicity, race, and forensic psychiatry: Are we color-blind? Journal of the American Academy of Psychiatry and the Law, 32(1), 21-33 Kalmbach, K. C. & Lyons, P. M. (2006). Ethical Issues in Conducting Forensic Evaluations. Applied Psychology in Criminal Justice, 2(3), 261-290 Lopez, S. R. (2002). Teaching culturally informed psychological assessment: Conceptual issues and demonstrations. Journal of Personality Assessment, 79(2), 226-234 Melton, G. B., Petrila, J., Poythress, N. G., and Slobogin, C. (1997). Psychological evaluations for the courts: A handbook for mental health professionals and lawyers, 2nd Edition, NY: The Guilford Press Ogloff, J. R. P. (1999). Ethical and legal contours of forensic psychology. Psychology and law: The state of the discipline, pp. 403-422. NY: Kluwer Academic/Plenum Publishers. Shapiro, D. L. (1999). Criminal responsibility evaluations: A manual for practice. Sarasota, FL: Professional Resource Press. Read More