Chapter 1 Flashcards
Forensic = _____ ______
legal system
Forensic is derived from the Latin word forensis, which means “___ _____”
“the forum”
How is forensic psychology used (in general)?
To determine the culprit in a crime,
To determine DNA = applying scientific principles to evidence.
What is the application of psychology IN the legal system?
Practice; professional WORK in the legal system
What is the application of psychology OF the legal system?
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.
Roles of Psychologists: Expert Witness (4)
o Evaluation of defendants, plaintiffs
o Give scientific, technical information
o Risk assessment
o Reliability of witness
Roles of Psychologists: Trial Consultant (4)
o Jury selection
o Preparing witnesses
o Pre-trial publicity
o Presentation of arguments, evidence
Roles of Psychologists: Law Enforcement (3)
o Selection of police, LEOs
o Fitness for duty evaluations
(A type of psychological evaluation)
o Counseling
Roles of Psychologists: Investigation (3)
o Assist in the investigation of a crime or an
accident
o Analysis of mental states, motives, behavior
patterns
o Evaluate interrogations, confessions
Roles of Psychologists: Victim Services (2)
o Assess mental distress or impact in victims
o Treatment for crime victims (exterior services of
other psychologists may be called upon for this)
Roles of Psychologists: Correctional (2)
o Assess inmates for mental illness, risk of
violence (they would be monitored more)
o Treatment, counselling for inmates
Roles of Psychologists: Research
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
Roles of Psychologists: Amicus Curiae
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)
In what aspect was William Stern a pioneer in forensic psychology? (6)
o EYEWITNESS TESTIMONY o “Reality experiments” o Emotions of witnesses o Suggestive questioning o Confident ≠ correct o Child eyewitnesses
In what aspect was Hugo Munsterberg a pioneer in forensic psychology? (4)
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)
In what aspect was State v. Driver (1921) a pioneer in forensic psychology? (2)
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
In what aspect was Coca-Cola v. Chero-Cola (1921) a pioneer in forensic psychology?
o Experimental psychologists in civil trials about consumer confusion over trademarks
o “Hearsay” evidnce?
Who decides what testimony is allowed to be considered in the court?
Federal Rules of Evidence: judge is the gatekeeper and decided if evidence if more probative then prejudicial
Probative:
relevant and reliable (useful to the jury)
Prejudicial:
emotion, bias
it is just there to enhance/change feelings or mood without any useful facts
Scientific evidence must have “______ _______”
“general acceptance”
What are the problems with general acceptance for scientific evidence? (3 Q’s)
Which scientists decide this?
What about new but valid science?
How do you find out if it is “generally accepted”?
What is the advantage of using mock juries in research?
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)
Does the Daubert Standard apply to psychological experts and behavioral disciplines?
Yes, all experts are considered to be ‘scientific’ and subject to the same standards
What case set the new standard for admissibility?
The Daubert Case
What are the 4 guides for “reliable” science? (Daubert Standard)
- General acceptance
- Falsifiability (testable)
- Peer review (published, reputable scientific journals)
- Known error rate
What does an error rate refer to?
The chances that you are wrong about something
What are the stats on judges understanding the Daubert Criteria?
o General acceptance – 82%
o Peer review – 71%
o Falsifiability – 6%
o Error rate – 4%
Legal vs. Psychological Science:
1. ___ (how we should behave) vs. ___ (how we do behave)
Prescriptive; descriptive
Legal vs. Psychological Science:
2. ___ (sane OR insane, guilty OR innocent) vs. ___ (tendency, likelihood)
Certainty; probability
Legal vs. Psychological Science:
3. ___ (this particular defendant) vs. __ __ (type, category, group)
Specific case; general principles
Legal vs. Psychological Science:
4. ___ (stare decisis: “let the decision stand”) vs. __ __ (best data win; what we know now)
Precedent; empirical evidence
Legal vs. Psychological Science:
5. ___ (adversarial) vs. ___ (unbiased, impartial)
Advocacy; objectivity
Ethics:
May be employed by one side, but must ___ ____.
Avoid appearance of “___ ___”
remain neutral
“hired gun”
Ethics:
Must avoid ____ _____ (conflict of interest)
E.g. shouldn’t testify as an expert witness about a _____.
multiple relationships
client
Therapeutic vs. Forensic:
- ____ is the client vs. ___/___ is the client
- ____, ____ attitudes vs. ___,___ attitudes towards client
- Information mostly from ___ vs. Information also from ___, ___, ___
- ___ has input, control vs. ___ requirements control
- Goal: ___ ___ vs. Goal: ___ ___ & ___
- P____ vs. P___ process (audience, cross examination, etc.)
- Defendant vs. Attorney/court
- Empathic, accepting vs. Objective, skeptical
- Client vs. police, evidence, witnesses
- Client vs. Legal
- benefit client vs. benefit jury & judge
- Privacy vs. Public
What APA Division is forensic psychology?
APA Division 41
Forensic psychology and licensure
As a professional psychologist, it is usually desirable
Forensic psychology and certification
Certification not required, but useful
What does the ABFP stand for?
American Board of Forensic Psychology
What are the different tracks in education and training for forensic psychology? (4)
Clinical psychology
Academic/Research specialization
Law enforcement
Specialized degree programs
