FP MIDTERM 1 Flashcards
James Cattell
Psychology of eyewitness testimony
confidence in the testimony
Alfred Binet
French psychologist in the early 1900s
studied susceptibility in children
- Testimony provided by children highly susceptible to suggestive questioning techniques - free recall produce more accurate answers
William Stern
emotional aerosol has a negative impact on the accuracy of witness testimony
Albert Von Schrenck
German expert witness
- Testified about the impact of extensive pre-trial press coverage
- Retroactive memory falsification = When people confuse actual memory of event with with events described by the media
- What we actually see vs what’s reported
Munsterberg
- considered by many to be the father of forensic psychology
- best known for his controversial book “on the witness stand” which helped push North American psychologist into the legal arena
Narrow definition
focused primarily on clinical aspects of the forensic assessment, treatment and clinical practice
(not the preferred definition)
Excludes psychologists who primarily conduct forensic research
Broad Definition
professional practice that examines human behaviour directly related to the legal process and practice that embraces both criminal and civil law
Clinical forensic psychologists
Psychologist who are broadly concerned with the assessment and treatment of mental health issues as they pertain to the law or legal system
Roles/Duties of a clinical forensic psychologist
- conducting divorce and child custody mediation
- providing expert testimony on questions of a psychological nature
- carrying out personal selection
- running clinical incident stress debriefing with police officers
- facilitating treatment programs for offenders
Forensic psychiatry
a field of medicine that deals with all aspects of human behaviour as it relates to the law and the legal system
Experimental forensic psychologist
psychologist who are broadly concerned with the study of human behaviour as it related to the law or the legal system
Research issues that are of interest to forensic psychologist
- examining the effectiveness of assessment strategies
- Determining what factors influence jury decision making
- determining and testing better ways to conduct eye witness lineups
- evaluating offender and victim treatment programs
- study the effect of stress management interventions on police officers
Craig Handley
3 ways that psychology and the law relate to each other
psychology AND the law
Craig Handley
- the use of psychology to examine the operation of the legal system
- ”Are eyewitnesses accurate?”
psychology IN the law
Craig Handley
- the use of psychology in the legal system as that system operates
- Expert testimony
psychology OF the law
Craig Handley
- the use of psychology to examine the law itself
- “Is the death penalty an effective deterrent?”
Expert witness
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
- their purpose is to serve as an educator to the judge and the jury, not as an advocate for the defence or the prosecution
General acceptance test
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.
resulted from - Frye v. United States (1923)
Daubert Criteria
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
Daubert v. Merrell Dow, Inc. (1993)
Mohan Criteria
A Canadian standard for accepting expert testimony, which states that expert testimony will be admissible in court if the testimony is, relevant, is necessary for assisting the their of fact, does not violate any exclusionary rules, and is provided by a qualified expert
R v. Mohan (1994)
psychology and law differences
(1) Epistemology
(2) Nature of law
(3) Knowledge
(4) Methodology
(5) Criterion
(6) Principals
(7) Latitude of courtroom behaviour
State v. Driver (1921)
- First court case in the U.S. where expert testimony is provided by a psychologist:
- Represented a partial victory for psychology in that the court accepts only a portion of the psychologist’s testimony
- Relevance of psychological and medical tests in detecting lies was in question
Jenkins v. United States (1962)
- Court rules some psychologists are qualified to give expert testimony on the issue of mental disease:
- Jury instructed to disregard initial testimony
- Reversed on appeal with reference to APA report
- Helped to increase the extent to which psychologists can contribute to legal proceedings
People v. Hawthrone (1940)
- Set the U.S. precedent for psychologist testifying as an expert witness on competence and criminal responsibility
- Standard for determining expert status is not a medical degree but extent of knowledge
Brown v. board of education (1954)
- In 1951, the district refused to enrole the daughter of local black resident Oliver Brown at the school closest to their home, instead requiring her to ride a bus to a segregated black elementary school further away
- The Browns and twelve other black Topeka families then filed a class action lawsuit in U.S. federal court against the Topeka Board of Education, alleging that the school district’s segregation policy was unconstitutional
- Psychologists submitted brief outlining detrimental effects of segregation
Roles of Forensic Psychologist
Clinician
Researcher
Legal Scholar
Clinician
Broadly concerned with mental health issues in the legal system Tasks can include: - Assessment and treatment of offenders - Custody mediations - Providing expert testimony - Personnel selection
Researcher
Also concerned with mental health issues in the legal system but also with any issues related to the legal system
Research interests can include:
- Examining risk assessment strategies
- Testing ways of conducting eyewitness lineups
- Evaluating offender treatment programs
