The Importance of Legal Language and Formatting in Forensic Psychological Assessments Ordered by the Court Forensic Sciences: Methods and Techniques

Because forensic assessments are ordered by the court in many instances, forensic professionals must take their audience into account. Judges and lawyers are used to reading and analyzing legal documents for criminal and civil cases. Plain language abounds in legal documents, although there are still some stubborn and archaic writers who use legalese. Because the audience is the court, forensic professionals should take the time to spell out the scientific principles that have lead them to their conclusions and recommendations. Most importantly, forensic assessors should come to a conclusion at the beginning of the report and then explain how they arrived there. This format is very similar to legal arguments and will provide better evidence on which legal decisions can be based. Indeed, this may allow the overwhelmed courts to dispose of cases faster and more efficiently. This article will discuss the use of plain English in forensic assessments and then tackle legal formatting of forensic reports. Special attention will be paid to certain types of forensic assessments, such as competency, juvenile delinquency, child custody proceedings, and insanity defenses. This article will provide examples of improved language and the utility of transitions and explanations in forensic reporting.


Introduction
Forensic assessments provide a medical, psychiatric or psychological report to assist the court in its decisions. Although treatment issues may emerge in the assessment process, the primary purpose of the forensic assessment is legal and not therapeutic or for treatment purposes [1].
Forensic assessment is used when a psychologist is hired to answer a specific legal question (i.e., competency, insanity, etc.). Depending on the specific question, the psychologist will conduct a clinical interview, collateral interviews (e.g., with witnesses, family, friends, attorneys, police officers, etc.) review records (i.e., medical, psychological, criminal, school, etc.), administer psychological tests, and form a conclusion to answer the legal question.
The importance of forensic assessments cannot be stressed enough in the legal context [2]. Mental health professionals provide a desperately needed service in completing forensic assessments so that justice will be served based on scientific evidence rather than the subject's behavior and speech alone. Forensic assessments are incredibly significant to the legal parties, the judge, counsel for the parties, and the justice system as a whole.

Ocimum Scientific Publishers
Written forensic expert reports are a key product of forensic assessments performed by qualified experts for courts. Forensic report writing is a core skill of a forensic professional, bridging the gap between the underlying psychological assessment and in-court testimony. … Thus, the quality of the written reports is of paramount importance [.] Additionally, forensic psychological evaluations have become a valuable resource for the criminal justice system by assessing risk for violence and aiding in community reintegration [3,4].

Legal Language in General Legalese
Legalese is defined as "the specialized language of the legal profession [5]." It includes Latin words and phrases that are seen as unnecessary and outdated now. For example, this is a retelling of the popular Jack and Jill story in legalese: The party of the first part hereinafter known as Jack … and … The party of the second part hereinafter known as Jill … Ascended or caused to be ascended an elevation of undetermined height and degree of slope, hereinafter referred to as "hill".
Whose purpose it was to obtain, attain, procure, secure, or otherwise, gain acquisition to, by any and/or all means available to them, a receptacle or container, hereinafter known as "pail", suitable for the transport of a liquid whose chemical properties shall be limited to hydrogen and oxygen, the proportions of which shall not be less than or exceed two parts for the first mentioned element and one part for the latter. Such combination will hereinafter be called "water".
On the occasion stated above, it has been established beyond reasonable doubt that Jack did plunge, tumble, topple or otherwise be caused to lose his footing in a manner that caused his body to be thrust into a downward direction.
As a direct result of these circumstances, Jack suffered fractures and contusions of his cranial regions. Jill, whether due to Jack's misfortune or not, was known to also tumble in similar fashion after Jack. (Whether the term "after" shall be interpreted in a spatial or time passage sense has not been determined.) Note that the inessential and superfluous language actually hinders one from grasping the simple facts of a children's story. Additionally, the telling of the story takes much more time and the reader must slow down to make sure s/he comprehends the language in order to understand the story [6].
Legal professionals no longer want to work so hard to discern legal arguments, facts, and conclusions, especially since many are difficult to understand even in plain English. When writing forensic assessments, forensic professionals should make sure to also use plain language, or use a scientific word and then give an explanation [3].

Plain English or plain language
Legal professionals are not scientists. Accordingly, some words that are so common in the psychological community need to be explained in a legal report. For instance, an assessor might recommend placing a juvenile in a "therapeutic setting." Most legal professionals would understand that "therapeutic" is closely related to the word "therapy," but best practices demand that such a phrase be defined. It is a progressive idea to eliminate forensic jargon altogether, when possible.
Virtually every authority on forensic psychology report writing recommends removing jargon from one's reports, so it comes as some surprise that the presence of jargon is still one of the top 10 faults found in forensic reports submitted by forensic psychology diplomate candidates, whom one would presume to be advanced practitioners. Jargon simply stands in the way of clear communication in a forensic report. Some report writers have become so inured to the jargon they use in their daily work and conversations that they do not even identify their frequently used terms as jargon. Examples include failing to explain to the lay reader what a particular medication is used for, or expecting everyone to know what "oriented times three" means [7]. This also includes acronyms [8].
In general, there are certain grammatical lessons that pertain to any type of report. For example, use the present tense for things that are happening in the present. When discussing someone's history, use the past tense. And of course, when discussing the future, use the future tense. Additionally, write in the positive, instead of the negative. For example, a positive sentence is "Listen to people who have lived long lives." A negative sentence is "Do not listen to people who have not lived long lives." Notice that the sentence written in the negative uses two negative words ("not"), and partially contradicts the sentence. It also uses more words that can make writing less concise.
Forensic reports differ from clinical reports in both content and style to meet the demands of the legal system. The reports vary in content because they answer a forensic question that likely requires different data or a different method of acquiring data than a clinical report. The style is different because the report is provided to a different audience, or multiple audiences. By necessity, the report must be more detailed, precise, clearly written, and substantiated by evidence than a clinical report.
Concision, or conciseness, is a goal for which writers should strive. It makes both reading and writing easier and faster [8].
Using action verbs will help assessors be concise. For instance, Additionally, the entire written assessment will be clearer to all parties, including the assessor [9]. The forensic professional will avoid confusion and the writing will be more direct and helpful to the court.
Another issue is transitioning throughout the document. Using the following transitions between sentences and between paragraphs will be beneficial in emphasizing and explaining particular facts: Add: and, again, and then, besides, equally important, finally, further, furthermore, nor, too, next, lastly, what's more, moreover, in addition, first (second, etc.) Compare: whereas, but, yet, on the other hand, however, nevertheless, on the contrary, by comparison, where, compared to, up against, balanced against, vis a vis, although, conversely, meanwhile, after all, in contrast, despite, sometimes, occasionally, once in a while Prove: because, for, since, for the same reason, evidently, furthermore, moreover, besides, indeed, in fact, in addition, in any case, that is Show time: immediately, subsequently, thereafter, soon, after a few hours, finally, then, later, previously, formerly, first (second, etc.), next Emphasize: definitely, extremely, in fact, indeed, absolutely, positively, naturally, surprisingly, always, forever, eternally, never, emphatically, unquestionably, without a doubt, certainly, undeniably, without reservation, unequivocally Summarize or conclude: in brief, on the whole, summing up, to conclude, in conclusion, hence, therefore, accordingly, thus, as a result, consequently Adding to the concision of the assessment, some psychiatrists have offered a way to make understanding the document easier: (a) limit sentences to twenty-four words or fewer; (b) limit paragraphs to ten sentences or fewer; (c) limit sections to ten paragraphs or fewer; and (d) use a title for each section [10]. These tips should facilitate an efficient report, and subsequently, a just court disposition [11].

Legal Format for Forensic Assessments General legal format
For common legal documents like trial memoranda and appellate briefs, legal professional generally follow this format: For instance, the skeleton of a legal document may look like this: The issue is whether the defendant is guilty of accessory to murder when the shooter used her gun.
The defendant is not guilty of accessory to murder because the shooter used the gun without the defendant's knowledge.
Abrams v. Dawson, 123 S.W.2d 456 (2018) [1] , is the case that governs this case. Under Abrams, to be convicted of an accessory charge, the accused must have had actual knowledge that a crime was going to be, or had been, committed. Additionally, there must be proof that the accessory knew that her action, or inaction, was helping the criminal commit the crime, evade detection, or escape. For example, a person who unknowingly houses someone who has just committed a crime shall not be charged with an accessory offense because she did not have knowledge of the crime.
In the case at bar, the defendant was out of town when the shooting occurred. She had no contact with the shooter until several days after the incident, when she returned from vacation. She did not even realize that her gun was missing until the police interviewed her. The shooter admitted that he did not tell the defendant of his plan to use her gun before the defendant went on vacation. The shooter also stated that he threw the gun into the river after he committed the murder and never informed the defendant that he had taken her gun. Furthermore, there is no proof that the defendant knew that the gun in her home helped the shooter commit the murder. As stated in Abrams, a person who unknowingly aids a criminal cannot be guilty of accessory. Accordingly, the defendant here is not guilty of accessory to murder because she simply had no knowledge of the crime or even the circumstances of the shooting.
The defendant in the case at bar is not guilty of accessory to murder because she had no knowledge of the shooter's criminal act.
1 Not a real case.
A forensic assessment can be formatted in a similar way [2,10].

Beginning
At the beginning of the forensic assessment, assessors should include the following information: (1) the defendant's name; (2) the defendant's case number; (3) the charges against the defendant; (4) the referring party; and (5) the type of assessment. Also include the defendant's date of birth, gender, age, date of the offense, date of the arrest, the assessor's name, place of evaluation, and type of evaluation. Indicate that the defendant has been informed about: (a) the lack of confidentiality; (b) the purpose of the evaluation; (c) the fact that the information will be revealed to the court as a report; and (d) the defendant can refuse to participate in the assessment, although a report will still be completed and handed to the court. (UMass Medical School).

Issue and conclusion
Next, state the issue or the question presented, such as, "The issue is whether the defendant, A.B., is competent to stand trial." Sometimes, there is more than one issue. In that case, list the questions to be answered in the assessments as follows: "The questions presented are: (1)  If there is any other legal information, place it in this section. Next, list the sources of data used in collecting a history of the defendant [12].

Chronology
This may perhaps be the most difficult section of the assessment to write because the assessor has information from many facets of the defendant's life, including data from court, attorneys, witnesses, interviews, police, medical records, and school records. It is up to the forensic professional to review and record all pertinent information in the assessment. However, the need to write chronologically is where many evaluators fall short of the mark. It is undisputed that the easiest way to preserve the defendant's information is to summarize each piece of datum separately and let the reader draw it together. Nonetheless, condensing the evidence in a vacuum does not provide context for the assessment and does not help the court fully comprehend the defendant's particular history.
To fix this problem, the assessor must work harder to show the defendant's whole person, as assessed, to the court. Many evaluators start the historical section by listing dates and occurrences and then adding in sentences and transitions so that the writing makes sense. It is a time-consuming endeavor, but best practices demand a full, chronological history [8].
Equally important is the need to attribute factual information to the sources it came from, which will show its relevance. This can be accomplished by putting together all of the evidence considered into an attachment or appendix at the back of the report and then simply referring to a page number like so: "On 8 February 2010, A.B. was suspended from school for smoking in the restroom. (Appx. 67)." Additionally, include only information that is relevant to the purpose of the assessment. Sometimes there will be conflicting information. Include the fact that the information conflicts and then give the information objectively. It will be up to the judge to determine which fact is more credible. Moreover, make sure to include only facts; stay away from inferences, opinion, and speculation [8,12].

Forensic testing
There are a plethora of tests forensic professionals use.  A.B.'s drawings showed simplification, which is indicative of regression. There were no scribbling or omissions apparent.
There is probably no need to use all of the above descriptions; just use the ones that are relevant to the defendant. In the above example, only the descriptions for simplification, scribbling and omission would need to be shown [13].

Analysis
In the analysis, the forensic assessor should combine the known and relevant facts with the results of any administered tests and develop a diagnosis, conclusion, and recommendation. Furthermore, [t]he importance of the forensic report makes the task more demanding for [assessors]. A forensic report is usually subjected to a high degree of scrutiny, from both attorneys and the judge. One person is always trying to discredit the evaluator or the report, and the evaluator must, therefore, write the report as though every word is meaningful. It is necessary for written findings to be presented in a manner that "anticipates critical analysis, disagreement, or even verbal confrontation on cross-examination." Hence, make the analysis simple to understand and easy for legal professionals to follow the logic, which leads to the conclusion [8].

Conclusion and recommendation
Make this section the most important part of the report, even though it may be the shortest section. The conclusion and recommendation should be stated directly and unequivocally [8]. The recommendation should reference pertinent facts and test results discussed earlier in the assessment. The conclusion should evolve from solid evidence upon which the forensic professional relied. It should also address only the question presented to the assessor. One of the most frequent faults in forensic assessments are opinions without sufficient explanations. These explanations should also be in terms that a legal professional can reasonably understand [12].

Competency hearings
In Dusky v. United States, 362 US 402 [14], the US Supreme Court considered what happened before and during trial. Dusky had been charged with kidnapping and rape. After his arrest, he claimed that he did not remember what had happened. He was taken to a mental hospital, where one psychiatrist opined that Dusky was faking and that he remembered everything. A second psychiatrist found that Dusky "was mentally ill with a diagnosis of schizophrenia, and that because of this illness, he was unable to properly understand the proceedings against him and to adequately assist counsel in his defense." (U. Va., 2018). Even though Dusky had a history of schizophrenia, at trial, he was found guilty and sentenced to prison time. However, the US Supreme Court eventually granted a petition to hear the case. The Supreme Court held that the facts in the case did not support the trial court's finding that Dusky was competent to stand trial. Thus, Dusky stands for the rule that a defendant must have the mental capacity to be understand the proceedings and be able to consult with and aid her lawyer in her defense. Otherwise, the defendant is not competent to stand trial [15].
In order to determine competency, forensic assessments are necessary. Competency to stand trial is the most common type Due to the high number of competency assessments, it is paramount that evaluators are clear in their analyses and conclusions, especially since approximately twenty percent of defendants referred for an assessment are found to be incompetent. If a defendant is deemed incompetent, then s/ he must be referred to treatment in order to have competency restored [15].
Therefore, it is important for assessors to conclude clearly and directly: (1) whether the defendant is competent to stand trial; and if not (2) what type of treatment the defendant will need to restore competency. Thus, competency assessments are twofold. Furthermore, (a) competency to confess (waive Miranda rights); (b) competency to plead guilty; and (c) competency to waive the right to counsel are all included in competency assessments. The defendant must understand the criminal charges, the implications of being a defendant, the adversarial nature of the proceedings, and the role of the judge, jury, prosecutor, and defense counsel. She must show an ability to work with her attorney, relate pertinent information, and strategize with counsel [16].
Forensic professionals should understand that "a mental disease or defect serves as a prerequisite for a determination of incompetency, and any deficits in the relevant psycholegal abilities must be linked to this mental disease or defect." Moreover, the assessor must incorporate mental deficiencies with the specific defendant and her criminal case [15].
Most competency assessments are submitted to the court and no testimony from the forensic professional is needed. Studies show that up to ninety-five percent of judges rule on competency based on the forensic assessment [15].

Juvenile offenders
Juvenile crime is rising, requiring more forensic professionals to provide assessments to the court. Most forensic assessments done for juveniles are to determine the best interests of the child, and whether she will eventually be successful in society. The role of the assessor is to act as an objective expert, not as a therapist with a duty to the juvenile. The duty is to the court; thus, the assessor should be sure to explain this to the juvenile at their first meeting, taking into account that juveniles can be less able to understand the distinction [17].
The forensic professional should assess risk for dangerousness, whether the minor can/should testify in court, and credibility.
Assessors should use clear language when describing the juvenile's maturity level, emotional and developmental level, attitude, environment, educational history, medical history, past criminal history, mental health, and physical health. Additionally, the assessor will need to write about the potential for rehabilitation of a juvenile offender by being specific about essential treatments available [18].

Child custody proceedings
Unlike most forensic assessments, child custody assessments are frequently sought by parents in civil child custody battles. In this case, the forensic professional is to assess what living and visitation arrangement would be in the child's best interests. Even if the assessor is contracted by a parent, the forensic assessment will be admissible and used in court to aid in making the decision [19].
Most importantly, this type of assessment usually means more evaluations, as both parents will need to be evaluated, as well as each child in the family. The child(ren) will also need to be evaluated in a custody and/or visitation environment. In addition to evaluating the arrangements, the forensic professional will also need to determine whether the child(ren) need therapy to adjust to the post-separation of their parents [19].
The American Psychological Association has specific guidelines for child custody evaluations. They are: Orienting Guideline: Purpose of the Child Custody Evaluation 1. The purpose of the evaluation is to assist in determining the psychological best interests of the child. 2. The child's welfare is paramount. 3. The evaluation focuses upon parenting attributes, the child's psychological needs, and the resulting fit.

10.
Psychologists strive to employ multiple methods of data gathering. 11. Psychologists strive to interpret assessment data in a manner consistent with the context of the evaluation. 12. Psychologists strive to complement the evaluation with the appropriate combination of examinations. 13. Psychologists strive to base their recommendations, if any, upon the psychological best interests of the child. 14. Psychologists create and maintain professional records in accordance with ethical and legal obligations [20].
In addition, forensic professionals should realize that, depending on the jurisdiction, they are prohibited from making an express recommendation as to which parent should be awarded legal and/or physical custody. The recommendation should be couched in language of guidance [21].

Insanity defenses
Contrary to popular opinion, very few defendants are able to successfully use insanity as a defense. About one percent of defendants charged with a felony claim insanity. Of those, only twenty percent are found to actually be insane. The Federal Insanity Defense Reform Act of 1984 made the M'Naghten Rule the legal standard for claiming insanity. Under the M'Naghten Rule, a defendant is insane if, at the time of the alleged criminal act, the defendant did not know the nature or quality of her actions, or did not know what she was doing was wrong. States use different versions of this rule for insanity [22].
An important difference between insanity and competency assessments is that competency looks solely at the defendant's state of mind at the time of trial. In contrast, insanity refers to the defendant's state of mind at the time of the offense. Because of this difference, forensic professionals need as much information that was gathered in the aftermath of the offense as possible (such as interrogations, hospital records, victim and witness statements, etc.). These may show bizarre behaviors that are useful in the assessment [22].
During the assessment, forensic professionals should strive to answer three queries: (1) did the defendant suffer from a mental disease or defect at the time of the offense; (2) did the defendant know the wrongfulness of the offense; and (3) what is the causal relationship between the defendant's mental disease and criminal behavior? [22].

Conclusion
As aforementioned, forensic professionals provide an extremely important role in the legal environment. As experts, they are able to aid the court in making decisions when taking the defendant's state of mind into account. Legal professionals are not trained to do this on their own. To make forensic assessments more efficient and relevant to the defendant's case, it is strongly suggested that forensic reports be submitted using a legal format and keeping the legal question foremost in mind. This should cure any confusion legal professionals may encounter when arguing on their parties' behalf. It should also help the court in making a just decision for the betterment of the community.