Chapter 1: Intro

Question 1

What is a narrow definition of forensic psych?

Answer 1

• clinical practice in the legal system (assessments, treatments)
• those who are directly involved in the justice system (clinical psychologists, etc.)

Question 2

What is a broad definition of forensic psych?

Answer 2

• research related to human behaviour and legal processes
• practice of psych within the legal system
• researchers and others indirectly involved (ex. experimental psychologists)

Question 3

Roles of forensic psychologists

Clinician (clinical forensic psychologist)

Answer 3

responsibilities may include:
- risk assessment for release
- divorce or custody mediation
- expert testimony
- treatment programs

Question 4

Roles of forensic psychologists

Forensic Psychiatry

Answer 4

• medical doctors who diagnose and treat mental illnesses
• requires different training

Question 5

Roles of forensic psychologists

Researcher (experimental forensic psychologist)

Answer 5

• participates in research/studies
• deals with human behaviour and the law
• (ex.) studying effectiveness of research methods

Question 6

Roles of forensic psychologists

Legal Scholar

Answer 6

less common
- ability to analyze mental health law + legal movements
- policy analysis
- legislative consultation

Question 7

Psychology AND the Law

Answer 7

• seperate
• questioning and challenging aspects of the law using a psychological perspective
• study how the legal system operates
• (ex. testing accuracy of certain interrogation techniques)

Question 8

Psychology IN the Law

Answer 8

• use of psychology within the legal system as it currently operates (ex. expert testimony)

Question 9

Psychology OF the Law

Answer 9

• study of the law itself
• questioning the functions of law (ex. does it reduce crime rates in society?)

Question 10

Hugo Munsterberg

Answer 10

“father of forensic psychology”
- wrote “On The Witness Stand” which was controversial and helped get psychologists into the legal field

Question 11

William Marston

Answer 11

research on lie detection

Question 12

Important cases

State v. Driver (1921)

attempted rape of a young girl

Answer 12

• first use of expert testimony
• court accepted expert evidence from a psychologist

Question 13

Important cases

Brown v. Board of Education(1954)

detrimental effects of segregation in schools

Answer 13

• psychologists vs. segregation
• research from the “doll test” used as evidence in court

Question 14

Important cases

Jenkins v. United States (1962)

breaking + entering w/intent to rape

Answer 14

• psychologists argued the defendant was not guilty due to insanity
• judge said they weren’t qualified to give expert testimony regarding mental illness

Question 15

Trial Consultant

Answer 15

• hired by lawyer or legal client
• helps prepare and carry out a trial
• ethical responsibilities ex. help improve witness credibility if/when client is lying
• helps behind the scenes instead of taking stand

Question 16

Expert Witness

Answer 16

• helps in understanding a topic - educator of the judge/jury, not for defendant
• asked to testify, provide research
• provide an evidence based opinion
• doesn’t have to witness the crime

Question 17

Challenges of expert testimony

what is a main conflict between psychology and law when providing evidence?

Answer 17

Psych: Empiricism
evidence based, data must be collected, knowledge of scientific experience, must be measurable, reliable, replicable

Law: Intuition
can rely on own experiences and “gut feelings”, comparing to other cases that may be similar

Question 18

Admissibility of Expert Testimony

General Acceptance Test

Answer 18

• Vague
• Standard for accepting expert testimony

Question 19

Admissibility of Expert Testimony

US: Daubert Criteria

(4 points)

Answer 19

To determine admissibility of expert testimony in court it must be:
1) Peer reviewed
2) Testable
3) Recognized rate of error
4) Meet professional standards

Question 20

Admissibility of Expert Testimony

Canada: Mohan Criteria

(5 points)

Answer 20

Evidence must be:
1) **Reliable **
2) **Relevant **
Point makes an issue in the case more or less likely (data collected has to actually make sense for the context and be helpful)
3) Necessary for assisting the trier of fact
Has to expand knowledge, can’t be something the court could have concluded on their own (ex. Common sense)
4) Not violating rules of exclusion
5) Provided by expert

Question 21

according to the GAT, in order for scientific evidence to be admitted to court it must be:

Answer 21

1) Peer reviewed
2) Testable