Forensic Psych Test #1 Flashcards
Prejudice
ATTITUDE
- An unjustified evaluative reaction to a member of a group that results from the recipient’s membership in that group
- Individual holds same evaluative attitude toward the group as a whole
- Involves prejudgement
Discrimination
BEHAVIOR
- A behavior (overt), that accepts one person or rejects another based on his or her membership in a particular group
- Negative actions can be hostile or acts of avoidance
- Can be related to company policy
Modern racism
- More nuanced than blatant, still reflects bias and negative feelings and beliefs toward a group
- Often exhibited by individuals who do not consider themselves to be prejudiced
Blatant sexism
-Discriminatory actions are visible and obvious
Subtle sexism
May be visible but go unnoticed (chivalry, discouragement, exclusion)
Covert sexism
Behavior is hidden, clandestine, maliciously motivated, and difficult to document
IQ Testing:
Larry P. in California
A judge ruled that IQ tests could not be used as placement tests for African American children
IQ Testing:
People in Action on Special Education
A judge in Chicago ruled that IQ tests were not biased and that cultural differences had little effect on the differential performance of children of different races
Judge was uncomfortable relying on expert testimony
Affirmative Action
Refers to any procedure that permits consideration of race, gender, disability, national origin, and other variables in order to provide equal opportunity to qualified individuals who have been denied those opportunities because of past discrimination
Affirmative Action:
Regents of the University of California v. Bakke (1978)
- Banned racial quotas
- Went to U.S. Supreme Court who judged university policies as unconstitutional based on violations of the 14th amendment
- Did not conclude that all affirmative action procedures were unconstitutional
Civil Rights Act of 1964
Identified race, sex, religion, and national origin as discriminatory criteria.
-Sex was NOT part of the original bill
Disparate treatment (discriminatory treatment)
A legal claim that addresses the adverse treatment of a particular individual due to group membership, requires showing harm to only one individual
Disparate impact (discriminatory effects)
A legal claim that requires showing that an entire group was adversely affected by a policy/practice
Hate crime
- Words or actions intended to harm or intimidate an individual because of his or her membership in a minority group
- May include violent assaults, murder, rape, property crime, threats of violence, intimidation etc. motivated by prejudice
-Sexual Harassment:
Meritor Savings Bank V. Vinson
- A bank teller felt pressured into having unwanted sex with her supervisor
- Court agreed that the bank was a hostile work environment
- Court determined that “welcomeness” was not synonymous with “voluntary”
- The employer is responsible for the action of its employees
% of women who are victims of sexual harassment
40-60%
% of men who are victims of sexual harassment
~19%
Sexual harassment:
Harris v. Forklift Systems Inc.
- Victim complained that her boss was crude and offensive
- Lower court rejected her claims on the basis that she did not suffer a significant injury
- Supreme Court took the case because of the inconsistent standards used in the rulings of the lower courts
- Ruled that psychological injury was not necessary and adopted the “reasonable person” standard
Legal Custody
-Refers to the right to make major decisions about the child’s life
Physical custody
-Refers to where the child lives on a day-to-day basis
Sole custody
- One parent has both physical and legal custody
- Other parent may or may not have visitation rights
Joint or shared custody
- Legal custody may be shared
- Typically one parent is designated as the primary residential parent for physical custody
Divided custody
- One parent gains sole custody of one or more children
- Other parent gets sole custody of the others
Mediator
-Attempt to help resolve differences through an agreement
Responsibilities:
- Explore options
- Provide a safe environment for communication
- Keep parents focused on the children
- Seek to get agreement in writing
When does mediation work best?
-Often works best when mediation is voluntary
Sleeper effect
- Based on the Wallerstein study on the effects of divorce on children
- The effects of divorce may not manifest in girls until they are adults
When can a personal injury suit be filed?
- Persons who have been harmed can usually collect compensation from perpetrators of that harm, even if a crime is not involved
- Harm to psychological well being
Tort
- A legal claim or complaint, in the form of a law suit, committed by one person against another
- Can be for almost any type of physical or psychological damage
What is necessary to win a tort case?
-Requires showing that the defendant breached a legal duty that was owed to the plaintiff and that damage resulted due to the breach
Standards for expert testimony to be admitted in court
Federal rules of evidence - specialized knowledge
Frye - reliability
Daubert - validity
What type of judgement does contesting another person’s last will and testament involve?
Substitution for prior judgement
-when it comes time to implement these instruments it may be necessary to determine if, at the time of execution, the person’s capacity was so lacking that the judgment of others must now be substituted
Substitutions for prior judgment
Asking a judge to change a will for a decision made in the past
Substitutions for present judgement
Asking a judge to change a will for someone that is not mentally capable
Substitutions for future judgement
Asking to protect those whose disability may manifest itself at a later time
When can substituted judgement take place?
• Involves the replacement of an individual’s judgment with that of another person or agency
o Replacement may or not be court mandated but it must be sanctioned by the law
o Might be the civil law equivalence of incompetency to stand trial or insanity
Affirmative Action:
Gutter V. Bollinger
- Court upheld the use of race to achieve diversity
- Struck down admission process that automatically granted preferences to applicants from certain minorities
- Minority students automatically received 20 points towards a 150 point system
Employment Discrimination:
Griggs. v. Duke Power Company
-Burden of proof now placed on employees to prove that a challenged job qualification was not really related to a company’s need
