Chapter 1: Introduction to Forensic Psychology Flashcards

1
Q

forensic psychology

A

a field of psychology that deals with all aspects of human behaviour as it relates to the law or legal system

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2
Q

history of forensic psychology

A

Dates back to the late 19th century

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3
Q

James Cattell

A

a Columbia University scholar who conducted experiments looking at what would later be called the psychology of eyewitness testimony

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4
Q

Albert Binet

A

conducted numerous studies that showed that asking children to report everything they saw resulted in the most accurate answers, while highly misleading questions resulted in the least accurate answers

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5
Q

William Stern

A

a German psychologist who developed the “reality experiment” that is now commonly used by eyewitness researchers to study eyewitness recall and recognition

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6
Q

reality experiment

A

participants are exposed to staged events and are then asked to provide information about the event

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7
Q

Stern’s conclusions from the reality experiment

A
  • He found that the testimony of participants was often incorrect
  • Recall was the worst for portions of the event that were particularly exciting
  • He concluded that emotional arousal can negatively impact the accuracy of a person’s testimony
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8
Q

Albert von Schrenck-Notzing

A

a German physician who was one of the first expert witnesses to provide testimony in court about the pretrial publicity on memory. He introduced the idea of retroactive memory falsification

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9
Q

retroactive memory falsification

A

the process whereby people confuse actual memories of events with the events described by the media

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10
Q

Hugo Musterberg

A
  • Reviewed interrogation records of some high-profile American crimes and concluded that the so-called confessions were untrue. Many members of the legal community took a stance against Musterberg
  • In his book On the Witness Stand, he argued that psychology had much to offer to the legal system, helping to push North American psychologists into the legal arena
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11
Q

contributions of psychologists to criminology

A

Psychologists were instrumental in opening the first clinic for juvenile delinquents in 1909, developing laboratories to conduct pretrial assessments in 1916, and establishing psychological testing for law enforcement selection purposes in 1917

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12
Q

State v. Driver, 1921

A

accepted expert evidence from a psychologist in the area of juvenile delinquency, but rejected the testimony

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13
Q

People v. Hawthorne, 1940

A

a psychologist was permitted, on an appeal, to provide an opinion about the mental state of the defendant at the time of his offence

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14
Q

Jenkins v. United States, 1962

A

reinforced that psychologists are competent to provide expert testimony on mental disorders

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15
Q

psychologists as expert witnesses in the U.S. today

A

It is now customary in the U.S. for psychologists to testify in matters such as criminal responsibility, fitness to stand trial, risk assessment, treatment of traumatic brain injury, factors affecting eyewitness memory, jury decision-making, the impact of hostile work environments, etc.

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16
Q

progress in Canada vs. the U.S. in allowing psychologists to testify

A
  • Canadian courts have been slower than courts in the U.S. to open their doors to psychologists, largely due to educational attainment
  • In many Canadian provinces and territories, becoming a psychologist only requires a master’s degree, which courts may perceive to be an inadequate level of training to qualify as an expert in some circumstances
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17
Q

forensic psychology as a legitimate field

A
  • There is a growing number of highly-quality textbooks in the area
  • Numerous academic journals are now dedicated to various aspects of the field and more mainstream psychology journals publish research from the forensic domain at a regular rate
  • Many professional associations have been developed to promote research in the area
  • New training opportunities are being established and existing training opportunities are being improved
  • The APA formally recognized forensic psychology as a specialty discipline in 2001
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18
Q

defining forensic psychology today

A

Some forensic psychologists define the field more broadly and others define it more specifically

19
Q

clinical forensic psychologists

A

psychologists who are broadly concerned with the assessment and treatment of mental health issues as they pertain to the law or legal system

20
Q

requirements to become a clinical forensic psychologist

A
  • Must be a licensed clinical psychologist with a specification in forensics
  • Requires a Master’s degree in some provinces but a Ph.D. in others
21
Q

experimental forensic psychologists

A

psychologists who are broadly concerned with the study of human behaviour as it relates to the legal system

22
Q

requirements to become an experimental forensic psychologist

A

Requires Ph.D.-level graduate training in one of the many different types of experimental graduate programs

23
Q

forensic psychologists as legal scholars

A

Forensic psychologists can also work as legal scholars, though this is far less common

24
Q

Haney, 1980

A

proposed 3 relationships between psychology and the law

25
Q

psychology and the law

A

the use of psychology to examine the operation of the legal system

26
Q

psychology in the law

A

the use of psychology in the legal system as that system operates

27
Q

psychology of the law

A

the use of psychology to examine the law itself

28
Q

modern-day debates: psychological experts in the court

A
  • the function of expert witnesses
  • the challenges of providing expert testimony
  • criteria for accepting expert testimony
29
Q

expert witness

A

a witness who provides the court with information (often an opinion on a particular matter) that assists the court in understanding an issue of relevance to a case

30
Q

Hess, 2006

A

argues that psychology and law differ along at least 7 different dimensions

31
Q

Hess’ 7 dimensions

A
  1. epistemology
  2. nature of the law
  3. knowledge
  4. methodology
  5. criterion
  6. principles
  7. latitude of common behaviour
32
Q

epistemology

A

psychologists assume that it is possible to uncover hidden objective truths if the appropriate experiments are conducted. Truth in the law is defined subjectively and is based on who can provide the most convincing story of what happened that is consistent with the law.

33
Q

nature of law

A

The goal of psychology is to describe how and why people behave the way they do (i.e., psychology is descriptive). Law, however, is prescriptive. It tells people how they should behave and provides the means to punish people for not behaving in the prescribed way.

34
Q

knowledge

A

Knowledge in psychology is based on empirical, nomothetic (group-based) data collected using various research methodologies. In the law, knowledge comes from the idiographic analysis of court cases and the rational application of logic to establish the facts of a case and connections to other cases that have set legal precedents.

35
Q

methodology

A

Methodological approaches in psychology are predominantly nomothetic and experimental with an emphasis on controlling for confounding variables and replicating results. In contrast, the law operates on a case-by-case basis, with a focus on constructing compelling narratives that adequately cover the details of a specific case while being consistent with the law.

36
Q

criterion

A

Psychologists are relatively cautious in terms of their willingness to accept something as true. To accept a hypothesis, for example, conservative statistical criteria are used (e.g., the use of p<.05 in significance testing). A more expedient approach is adopted in the law, whereby guilt is determined using various criteria established for a particular case (e.g., beyond a reasonable doubt).

37
Q

principles

A

Psychologists take an exploratory approach that encourages the consideration of multiple explanations for research findings. Ideally, the correct explanation is identified through experimentation. Lawyers adopt a much more conservative approach. An explanation surrounding a case predominates based on its coherence with the facts and with precedent-setting cases.

38
Q

latitude of common behaviour

A

The behaviour of the psychologist when acting as an expert witness is severely limited by the court. The law imposes fewer restrictions on the behaviour of lawyers (though they are also restricted in numerous ways)

39
Q

general acceptance test

A

a standard for accepting expert testimony, which states that expert testimony will be admissible in court if the basis of the testimony is generally accepted within the relevant scientific community

40
Q

criticisms of the general acceptance test

A

Accepted for a long time, but was criticized in the 1990s for its vagueness

41
Q

Daubert criteria

A

an American standard for accepting expert testimony, which states that scientific evidence is valid if the research on which it is based has been peer-reviewed, is testable, has a recognized rate of error, and adheres to professional standards

42
Q

Mohan criteria

A

a Canadian standard for accepting expert testimony, which states that expert testimony will be admissible in court if the testimony is relevant, necessary for assisting the trier of fact, does not violate any exclusionary rules, and is provided by a qualified expert

43
Q

Mohan criteria today

A

Since the Mohan ruling, additional criteria have been added, such as the independence and impartiality of experts