Chapter 1 Flashcards
On the witness stand- Hugo Munsterberg
Icy reception from legal scholars
-Founding father in psych in law
-Witness memory
-False confessions
-Jury decisions
- Muller v Oregon
-Women work 1o hours
-came to a decision based on social scientific evidence of the brandies belief
Brandeis belief
-Long hours for women affect their children as well
-Social scientific evidence in a legal case
Natural law
judicial decisions were thought to reflect principles found in nature. Judges actively constructed law through interpretations of evidence and precedent
The realist movement
an early example of the influence of psychology on the law.
Realists said that:
-Laws must continually be reexamined to make sure they serve society
-Law is a means to a social end and not an end in itself
-Law must be evaluated in terms of its effects
-few realists collabed w/ pschologists
Brown v board of education
-First case to make use of research provided by social scientists
- dealt with The effect of segregation on kids education
The American Jury book
How juries and judges came to their decisions
The crime of punishment book
therapeutic methods to rehab criminals
Psychs tells us how ppl ____ behave, law tells us how ppl ____ behave
1) actually
2) ought to
Psych wants to _____ _____, law wants to _____ _____
1) find truth
2) render justice
Cant receive perfect justice, so _____ ______is reached instead
approximate justice
Scientific conclusions are not dichotomous, they are ______
Probabilistic
Law based on _______, psych based on _____
1) authority
2) empiricism
Roles played by psychologists in law
Advisors, evaluators, informers
Advisor role
*Lawyer can hire clinical psychs to testify on an aspect of a case
they advise on Competency, and if the person is going to be dangerous
Trial consultants
Advisor role
-help with jury selection, witness preparation, or trial strategy. In general, trial consultants use psychological knowledge to attempt to shape the trial process in ways that produce favorable outcomes for paying clients.
Briefs
advisor role
-a written argument by a psych submitted to the court. Might might summarize the findings and conclusions of research conducted by psychologists
Evaluation research
the effectiveness of every social program ought to be evaluated.
(trouble teen programs actually make them more likely to offend)
Formative research
evaluator role
-provide ongoing information about a program’s effectiveness so adjustments can be made.
Summative evaluations
evaluator role
-judge overall effectiveness and recommend whether a program should be continued or abandoned.
Process of expert testimony
-Experts are called into court
-An attorney proposes for an expert to testify
-The judge wonders if its necessary
-Jury is the trier of fact: the jury that must listen to the evidence and decide on a verdict based on the facts presented at trial.
Daubert v Merrell Dow Pharmaceuticals, Inc.
Judges must serve as gatekeepers for scientific testimony
Four Daubert criteria
o the testability or “falsifiability” of the theory or technique
o whether the scientific findings have been subjected to peer review
o and whether the conclusions are generally accepted in the relevant scientific community.
Daubert trilogy
- General Electric Co. v. Joiner (1997) and Kumho Tire Co. v. Carmichael (1999)
- Expanded gatekeeping role for judges
What did Joiner say in Daubert trilogy?
appellate courts should defer to the trial judge’s ruling on the testimony
What did Kumho say in Daubert trilogy?
the gatekeeping extended to all expert opinion
Critics of the Daubert rules
- Judges had to be amateur scientists
- Weak evidence was accepted
- Most support the gatekeeping role, but most couldn’t explain the four criteria of the Daubert rules
- Judges base their ruling on the characteristics of the expert, not the evidence
Three roles experts may assume
conduit-educator
philosopher-advocate
hired gun
Conduit-educator
full and accurate picture of the psych research
Philosopher-advocate
makes concessions to the adversarial climate of the courtroom and allows personal values to shape testimony
hired gun
sell out to demands of courtroom
o Amicus Curiae Briefs
friend of the court. Expert who don’t have direct involvement of the case educate the judge
