Criminal, Case, Court, Consequences Flashcards
What do FP do?
- provide advice and expertise
- develop and facilitate training and knowledge
- assess, formulate and intervene
- goal of contributing to the development of a safer society
What is the wild beast test?
You don’t have to be a wild beast to be considered insane
What was James had field found ? (1900)
Not Guilty by reason of insanity
Why?
He had a head injury he suffered years prior
The M’Naghten Rule
Must be clearly proven O:
- didn’t know what he was doing
- and that doing so would be wrong
1906 - Freud
Offered models to explain psychopathological thinking as a cause of criminality
1895
First psychological experiment on the psychology of testimony - cattell
1903
Stern - established a periodical dealing with the psychology of testimony
1908
Hugo Munsterberg on the witness stand published
1911
J varendonck - one of the earliest psychologists to testify in a criminal trial - Belgium
1915
Goddard - mental deficiency (causes of crime)
Mental deficiency
Intellectual and emotional capacity
1913
First time psych services were offered within a US correctional facility
1915
Marston - polygraph
1917
Terman - psychological screening of law enforcement personal
1921
American psychologist as an Expert witness - state vs driver
1931
First forensic area textbook - burtt
1961
First review paper on legal psychology - Haward
1964
Eysenck - first comprehensive and testable theory on criminal behaviour and personality
1977
BPS - division of criminological and legal psychology
- profiling : canter gave evidence in defence of Stagg
1999
Division of Forensic Psychology - BPS
Criminal
Offender background and characteristics
Details of offence committed
Case
Police investigation:
- investigative interviewing
- BIA
- crime analysis
- police training (stone and gorringe, 2014)
- offender assessments
- consultative role (hostage negotiations)
Courts
Process verdict
Sentence
- Jury decision making
- evidence in court (expert witness)
Consequences
Treatment and rehabilitation
What system does the Uk have?
Adversarial
- opposing sides compete to convince the judge and jury that their version of the facts is the most convincing
- judges role is passive
- advises the jury on matters of law
Expert witness
Schrenk- notzing: psychologist acting as an expert witness testified at the trial of a man accused of murdering three women in 1896.
Bartol and Bristol (2006)
Witnesses not able to distinguish between details from the media coverage and their own recollections
Who could only testify in America in matters of fitness? And when?
Until 1920’s - medical experts
Hearsay Rule (1958) ?
Whoever produced the knowledge should be there to present it
3 witness roles?
Expert
Professional
Ordinary
Ordinary
Only gives factual evidence
Professional
Fact and opinion
Usually an employee of one party
Remain responsible to the court
Expert witness
Independent
Based on evidence and facts
Types of assessments in legal settings
Fitness to plead Psychological Cognitive Parenting Risk Motivation to change Likely compliance with treatment Psychological state at the time of the offence
Jury eligibility
- aged 18-70, on the electoral register, uK resident for 5 years
- not allowed if previously sentenced to five or more years imprisonment
Jury process
- one juror is selected as foreman
- Jury will be directed to reach an unanimous verdict but court will accept 10-2, failure to reach this may lead to a retrial
What is a guilty verdict
Guilty beyond reasonable doubt
Media impact - Thomas (2010)
75% were aware of media coverage
- 52% admitted to looking for info on internet
- 20% found if difficult to put these reports out of mind
Mock juries
Experimental stimulus
What does this allow?
Have direct access to the deliberation process
Investigate a number of significant variables while controlling for extraneous variables
Levett et al (2005).
- significant amount of experimental evidence that suggests that characteristics of the D and the jurors impact decisions on verdicts and severity of sentences
Ethinicity
- less likely to find a d guilty if similar beliefs, ethnicity or background to them
Kerr et al (1995)
But if D has acted in a way to bring shame , they are more likely to treat the D more harshly
Gender
Female more likely to convict a d charged with rape or sexual abuse
- kapardis (2003) especially if no eye contact during assault
Thomas (2010)
Female more open to persuasion to change their vote during deliberation than male jurors
Age
Younger jurors more likely to acquit (Hans and vidmar, 1986)
Kerr and bray (2005)
External validity has been questioned
HMPPS
Carry our sentences given by the courts, in custody and the community
- rehabilitation through employment and education
Prison population in Oct 2019
83772
Females?
3852
Males?
79920
What do forensic psychologists do in prisons?
Research Consultancy Risk assessments Research Staff support Staff training Negotiator advisor
Medium secure units
Patients present a high but not a medium risk to the public
What do FP do in health care?
Work with, assess and treat patients who have mental health problems
- delivery therapy
- work in conjunction with psychiatrists
Mental Health Act (1983)
Covers the reception , care and treatment of mentally disordered persons, the management of their property and other related matters.
Definition of mental disorder
Any disorder or disability of the mind
Section 36 of MHA
If accused of crime then can be sent to hospital if there is a reason to suspect you have a mental disorder
Section 37 of MHA
You can be sent to hospital for treatment
Section 47
Can be transferred from prison to hospital for treatment of mental health
S49
- can only be discharged from hospital with permission of Secretary of State for justice
What do FP do in probation?
- consultative work
- formulations
- risk management planning
- encourage psychologically informed working
- offender personality disorder pathway
