Chapter 1 Flashcards

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1
Q

Forensic = _____ ______

A

legal system

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2
Q

Forensic is derived from the Latin word forensis, which means “___ _____”

A

“the forum”

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3
Q

How is forensic psychology used (in general)?

A

To determine the culprit in a crime,

To determine DNA = applying scientific principles to evidence.

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4
Q

What is the application of psychology IN the legal system?

A

Practice; professional WORK in the legal system

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5
Q

What is the application of psychology OF the legal system?

A

Research; the STUDY of the legal system

E.g., study the prediction of violent behavior, testify the chances the defendant may be a danger to society/themselves.

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6
Q

Roles of Psychologists: Expert Witness (4)

A

o Evaluation of defendants, plaintiffs
o Give scientific, technical information
o Risk assessment
o Reliability of witness

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7
Q

Roles of Psychologists: Trial Consultant (4)

A

o Jury selection
o Preparing witnesses
o Pre-trial publicity
o Presentation of arguments, evidence

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8
Q

Roles of Psychologists: Law Enforcement (3)

A

o Selection of police, LEOs
o Fitness for duty evaluations
(A type of psychological evaluation)
o Counseling

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9
Q

Roles of Psychologists: Investigation (3)

A

o Assist in the investigation of a crime or an
accident
o Analysis of mental states, motives, behavior
patterns
o Evaluate interrogations, confessions

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10
Q

Roles of Psychologists: Victim Services (2)

A

o Assess mental distress or impact in victims
o Treatment for crime victims (exterior services of
other psychologists may be called upon for this)

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11
Q

Roles of Psychologists: Correctional (2)

A

o Assess inmates for mental illness, risk of
violence (they would be monitored more)
o Treatment, counselling for inmates

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12
Q

Roles of Psychologists: Research

A

o They conduct research to better understand
and inform the practice of forensic psychology
o Not as much control as there would be in a
laboratory
o Mock juries

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13
Q

Roles of Psychologists: Amicus Curiae

A

o “friend of the court”
o Submit briefs summarizing research relevant
to case
o Often filed by organizations, such as the APA
o Example: Brown v. Board of Education (1954)

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14
Q

In what aspect was William Stern a pioneer in forensic psychology? (6)

A
o      EYEWITNESS TESTIMONY
o	“Reality experiments”
o	Emotions of witnesses
o	Suggestive questioning 
o	Confident ≠ correct
o	Child eyewitnesses
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15
Q

In what aspect was Hugo Munsterberg a pioneer in forensic psychology? (4)

A

o First well-known U.S. psychologist to promote
applied psychology
o Applying psychology to legal situations
o 1905: “trial of the century” of
Harry Orchard, accused of assassination
 Overstepped his role in the case
o On the Witness Stand: Essays on Psychology &
Crime (1908)

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16
Q

In what aspect was State v. Driver (1921) a pioneer in forensic psychology? (2)

A

o 1st US psychologist admitted as an expert witness in a criminal trial
o Dr. Florence Mateer, psychologist testified regarding the mental status of a 12-year-old victim in attempted rape case

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17
Q

In what aspect was Coca-Cola v. Chero-Cola (1921) a pioneer in forensic psychology?

A

o Experimental psychologists in civil trials about consumer confusion over trademarks
o “Hearsay” evidnce?

18
Q

Who decides what testimony is allowed to be considered in the court?

A

Federal Rules of Evidence: judge is the gatekeeper and decided if evidence if more probative then prejudicial

19
Q

Probative:

A

relevant and reliable (useful to the jury)

20
Q

Prejudicial:

A

emotion, bias

it is just there to enhance/change feelings or mood without any useful facts

21
Q

Scientific evidence must have “______ _______”

A

“general acceptance”

22
Q

What are the problems with general acceptance for scientific evidence? (3 Q’s)

A

Which scientists decide this?
What about new but valid science?
How do you find out if it is “generally accepted”?

23
Q

What is the advantage of using mock juries in research?

A

Can study them in every step of the way since they aren’t a real jury (can ask questions, interview them, see what they discussed the most, see what they remember the most

  This can’t be done in a real trial 

  Can only approach a real jury after the trial is 
  done)
24
Q

Does the Daubert Standard apply to psychological experts and behavioral disciplines?

A

Yes, all experts are considered to be ‘scientific’ and subject to the same standards

25
Q

What case set the new standard for admissibility?

A

The Daubert Case

26
Q

What are the 4 guides for “reliable” science? (Daubert Standard)

A
  1. General acceptance
  2. Falsifiability (testable)
  3. Peer review (published, reputable scientific journals)
  4. Known error rate
27
Q

What does an error rate refer to?

A

The chances that you are wrong about something

28
Q

What are the stats on judges understanding the Daubert Criteria?

A

o General acceptance – 82%
o Peer review – 71%
o Falsifiability – 6%
o Error rate – 4%

29
Q

Legal vs. Psychological Science:

1. ___ (how we should behave) vs. ___ (how we do behave)

A

Prescriptive; descriptive

30
Q

Legal vs. Psychological Science:

2. ___ (sane OR insane, guilty OR innocent) vs. ___ (tendency, likelihood)

A

Certainty; probability

31
Q

Legal vs. Psychological Science:

3. ___ (this particular defendant) vs. __ __ (type, category, group)

A

Specific case; general principles

32
Q

Legal vs. Psychological Science:

4. ___ (stare decisis: “let the decision stand”) vs. __ __ (best data win; what we know now)

A

Precedent; empirical evidence

33
Q

Legal vs. Psychological Science:

5. ___ (adversarial) vs. ___ (unbiased, impartial)

A

Advocacy; objectivity

34
Q

Ethics:
May be employed by one side, but must ___ ____.
Avoid appearance of “___ ___”

A

remain neutral

“hired gun”

35
Q

Ethics:
Must avoid ____ _____ (conflict of interest)
E.g. shouldn’t testify as an expert witness about a _____.

A

multiple relationships

client

36
Q

Therapeutic vs. Forensic:

  1. ____ is the client vs. ___/___ is the client
  2. ____, ____ attitudes vs. ___,___ attitudes towards client
  3. Information mostly from ___ vs. Information also from ___, ___, ___
  4. ___ has input, control vs. ___ requirements control
  5. Goal: ___ ___ vs. Goal: ___ ___ & ___
  6. P____ vs. P___ process (audience, cross examination, etc.)
A
  1. Defendant vs. Attorney/court
  2. Empathic, accepting vs. Objective, skeptical
  3. Client vs. police, evidence, witnesses
  4. Client vs. Legal
  5. benefit client vs. benefit jury & judge
  6. Privacy vs. Public
37
Q

What APA Division is forensic psychology?

A

APA Division 41

38
Q

Forensic psychology and licensure

A

As a professional psychologist, it is usually desirable

39
Q

Forensic psychology and certification

A

Certification not required, but useful

40
Q

What does the ABFP stand for?

A

American Board of Forensic Psychology

41
Q

What are the different tracks in education and training for forensic psychology? (4)

A

Clinical psychology
Academic/Research specialization
Law enforcement
Specialized degree programs