History and Foundations Flashcards
What is the definition of forensic psych? (2 possible defs)
No common or uniform one. SGFP says “Prof practice by any psychologist working within any subdiscipline of psych (clinical, dvptl, soc, cog) when applying the scientific, technical, or specialized knowledge of psych to the law to assist in addressing legal, contractual, and administrative matters.
Application of psych research, theory, practice, and traditional and specialized methodology (interviewing, testing, forensic assessment, and FRI) for the express purpose of providing assistance to the legal system.
What type of evaluations did psychologists first perform?
Delinquency and dependency (juvie)
Who wrote essays in 1908 in arguing that psychologists could be of assistance to the legal system?
Hugo Munsterberg
Why is Brown v. Board of Ed (1954) an instrumental case for our role?
DC Circuit Court ruled that racial segregation in schools violated the 14th’s equal protection clause, and the Chief Justice cited research from Kenneth and Marie Clark (psychologists). This meant the courts were increasingly willing to look at contributions that psychology could make.
When was APLS established?
1969
When was ABFP established?
1978
When did APA recognize forensic psych as a specialty?
2001
When were the SGFP adopted by APA?
- It was initially written in 1991, revised in 2013.
What limits do MH professionals face in offering legally relevant knowledge to properly assist the courts?
1) We have NOMOTHETIC data, but courts are concerned with IDIOGRAPHIC/individuals (i.e., insufficient precision and specificity with confidence and objectivity)
2) General lack of knowledge that DIRECTLY addresses the q’s (i.e., cog dysfunction is comorbid with psychosis, but we don’t have direct measures to assess ability to appreciate wrongfulness as it pertains to psychosis and secondary cog impairment)
3) Some questions CAN’T BE ANSWERED (what is the impact of a child spending 3 vs. 4 days/week with a parent)
With respect to voluntariness or responsibility, how do psychologists and attorneys differ in their take on this?
Psych: There could be unconscious or uncontrollable influences. Contextual influences as well.
Law: People can control themselves, act for reasons, make choices.
Conclusion: Don’t give opinions on ultimate issues about voluntariness or responsibility.
How does the legal system resolve conflict?
Render justice. Pursuit of truth is secondary.
Why is the phrase, “reasonable degree of psychological certainty,” problematic?
It turns probabilistic judgments into facts. Legal profs like facts to be black and white, but we know that’s not the case.
What is “specialized knowledge?”
FRE 702: Expert should provide more info about a subject than lay people. Occupation status in and of itself is insufficient. Includes scientific, technical, and specialized knowledge.
Congress amended this in 2000 to say specialized knowledge is only admissible if (1) based on sufficient facts or data, (2) product of reliable principles and methods, and (3) witness applied the principles reliably to the case.
What are two critiques of Frye?
1) Requires general acceptance, and therefore may exclude new evidence that is scientifically valid (unduly conservative). 2) Can permit faulty evidence based on gen acceptance when scientific foundation is limited.
