Introduction

Question 1

What is Forensic Psychology?

Answer 1

1.) Research Endeavour
2.) Professional Practice
-They examine human behaviour in regards to the legal system
‘(Bartol and Bartol)’

Question 2

Legal Psychology

Answer 2

Legal psychology is the scientific study of the effect of the law on people; and the effect people have on the law. Legal psychology also includes the application of the study and practice of psychology to legal institutions and people who come into contact with the law.

Question 3

How does psychology interact with the law?

Answer 3

Psychology and the law
Psychology in the law
Psychology of the law

Question 4

Psychology and the law

Answer 4

-The use of psychology to study the operation of the legal system
-Psychology and law are more equal and cooperative
“the co-equal and conjoint use of psychological principles to analyze and examine the legal system” (Haney, 1980)
-Research offers the potential to reform or change legal practices

Question 5

Psychology in the law

Answer 5

-The use of psychology within the legal system as it currently operates
-Members of the legal profession call on psychologists to assist with the legal issue(s) at hand (e.g., assess mental state; use psychological techniques in jury selection)
“The legal system dominates and completely dictates the form and application of psychology in law” (Craig Haney, 1980)
-Psychology is subservient to the law

Question 6

Psychology of the law

Answer 6

• The use of psychology to study the law itself
• Psychology used to study the law itself; i.e., the law becomes “an object of psychological study in itself” (p. 156)
• Least studied area - most work done by anthropologists

Question 7

Types of Forensic Psychologists

Answer 7

Clinical and Experimental

Question 8

Services that Forensic Psychologists provide

Answer 8

with victims of crime
with criminal justice personnel (e.g., police; secretaries; correctional staff)
consult with members of the criminal justice system (e.g., lawyers and judges)
with inmates and offenders
conduct research

Question 9

Describe psychologists deal with correctional systems

Answer 9

Psychologists who work in correctional settings provide clinical and consultation services in four broad areas:
Assessment (also in pretrial and remand centres)
Treatment and intervention
Crisis intervention
Program development, delivery, and evaluation
-Typically devote most of their time assessing and treating inmates and offenders

Question 10

How does psychology influence the law

Answer 10

Amici briefs (“social framework”) to courts and commissions, Attorneys-General, Ministry of Justice:

• May influence trial outcome and serve as established authority in future cases
• May alter investigative and legal procedures
• May force reviews of previous cases that relied upon demonstrably erroneous evidence

Expert witnesses and Inquiries:

• Provision of testimony on BWS (in R. v. Lavallee, 1988), PTSD, or rape trauma syndrome, etc.
• Provision of psychological assessments on defendant’s competence to stand trial, responsibility (re: mental disorder) etc.
• Eyewitness testimony (e.g., Sophonow Inquiry, 2000)
• Recovered memories

Social science taught in law school
Citation of research in trial judgments
Availability of research in professional journals
Outcomes of specific cases and psychological practice

Question 11

Methodical focus to Forensic Pysch?

Answer 11

Law:
Use “case method” - focus on specific allegations, individuals, prior similar cases and application to this case
Direction is deduction, from general theory to the specific
Psychology:
Describes the general principles and patterns across aggregated people
Direction is induction - case studies used only as exploratory
Implications:
Law has been much more responsive to the idiographic emphases in psychology, through practitioners who do individual assessments, etc.

Question 12

Expressions of Confidence

Answer 12

Law seeks “certainty”
Decisions have no middle ground
Guilt – innocence
Acquit – convict
Reasonable doubt or preponderance of evidence, but one position is right
Psychology conclusions in probabilistic terms
It depends!
Trial and experiments similar: set up a “null hypothesis” and look at evidence for its rejection:
Trial - assume innocence until proven guilty
Exp- assume no effect until difference demonstrated

Question 13

Approach to the truth in this field

Answer 13

Stare Decisis – to stand by decided cases, or precedent, and is doctrinal
New cases create new law and new precedents
Law is constantly changing - by argument rather than data
Goal of science - critically assess if previous findings are reliable and establish new findings that may contradict old

Question 14

Historical beginnings of forensic psychology

Answer 14

Munsterberg (1908)
 On the Witness Stand
 Psychology and the legal system
 Resistance from legal scholars
 Pushed psychology into legal arena

Question 15

What criteria is required for testimony to be admitted in the courts?

Answer 15

Mohan criteria (1994) - (in addition to relevance):
i.Proper role
Not to usurp role of trier of fact - knowledge may be within their common understanding
ii.Probative value outweighs prejudicial value
iii.Reliability of evidence and methodology
iv.Credentials of expert
Decision via voir dire(swearing on the bible)

Question 16

Functions of an eye witness

Answer 16

Two primary functions:
-Aid in understanding a particular issue relevant to the case
-Provide an opinion
This contrasts with regular witnesses who can only testify about what they have directly observed

Question 17

Why might courts not be susceptible to social sciences

Answer 17

Worry that science varies in quality and is subject to considerable change
Worry about objectivity
Raises questions about the role of science:
Should social, biological, and physical scientists simply do research and let others apply it?
Or do we have a duty to inform and assist in areas of expertise?

Question 18

What legal systems respect this field most?

Answer 18

European civil law or “inquisitorial systems”
Legal decisions are left to a single governmental entity, a panel of from 1 to 3 judges that investigates an alleged infringement of the rules (code)
Court appoints the expert and works under its authority
Appointing judge instructs the expert as the subject of his or her investigation
Expert reports in written form and may or may not be heard during trial

Question 19

Common Law Countries - Adversarial Approach (Canada)

Answer 19

Each party to a dispute (e.g., Crown; accused) are represented by counsel
Each counsel argues opposing positions
Dispute settled by impartial “trier of fact”
Emphasizes procedural fairness and due process

Question 20

Civil Law Countries - “Inquisitorial” Approach

Answer 20

“truth finding” system
Judges are active
“a court does not base its determination of guilt or innocence solely upon the evidence presented by the prosecutor, but investigates the facts on its own as well” (Ballentine’s Law Dictionary)