Midterm 1 Flashcards
forensic
working in the law
forensic psychology (American Board of Psychology)
the professional practice of psychologists when they are engaged regularly as experts in an activity intended to provide professional expertise to the judicial system.
problems with ABP definition
narrow, leaves out many psychologists, social workers, etc…, leaves out non-practicing researchers
forensic psychology (better defintion)
a research endeavor/professional practice that examines psychology and the legal field
psychology AND the law
the use of psychology to study the operation of the legal system
psychology AND the law (example)
Quebec judge sitting on a rape case ruled in the rapist favour because “women are meant to be used”; this psychological bias remains in the law forever
psychology IN the law
the use of psychology within the law as it currently operates
psychology IN the law (example)
Loftus’ research that found that the words used in question by lawyers impacts witness testimony
psychology OF the law
how does the law effect society
psychology OF the law (example)
the drinking age in Quebec versus Vermont impacts the society and people moving through the US/Canada border
the law and society
the law is created to regulate (control) human behaviour and in a society, and is therefore usually negative. the legal system reflects society. the legal system affects individual behaviour and individual behaviour affects the law.
written law
the laws that are written down
courtesy stigma
rules that are understood, but not written down. learned through social interaction
admissibility criteria for expert witness testimony (Canada) AKA Mohan Criteria
must be provided by an expert (as determined by the judge), be relevant, be necessary (not be testimony that could be given by a non-expert), and not violate the rules of exclusion.
admissibility criteria for expert witness testimony (USA) AKA Daubert Criteria
must be provided by a qualified expert, be relevant, and be reliable (peer reviewed, testable, recognized rate of error, meet professional standards.
due process model
it is better that 1000 guilty people go free than 1 innocent person goes to jail. presumed innocence, prosecution sews doubt
crime control model
guilty until proven innocent. defense creates reasonable doubt that a person is guilty.
restorative justice
to repair damage is the purpose of the legal system
retributive justice
the purpose of the legal system is to punish
what case introduced the idea of proportionality to Canadian and American justice systems in the 18th century, and why?
the Linberg baby. the state realized that without proportionality is encouraged kidnappers to kill their victims because the punishments for kidnapping and murder were the same. they had no incentive to return the baby unharmed
geographic profiling (example)
profiled the environment of Paris to determine why crime was so high. the inner city had very little light at night, which encouraged crime. situation was repaired by installing electric lights in Paris’ inner city.
nature vs nurture controversy answer
there is no genetic predisposition to crime, but there are genetic factors that can lead to crime if the social conditions are correct (example: learning disabilities, which lead to disfunction in life if they are not addressed, crime becomes a survival mechanism)
munstenberg
the first psychologist to testify in a civil case with regards to dye colours appearing different of different coloured tables.
what advancements in psychology took place because of WWII?
researchers studied battle fatigue (PTSD) and undertook massive advancements on profiling so they could determine which soldiers were apt for the front lines where they would experience more traumatic stress
psychological disorder
behavioural patterns that produce personal distress and/or the inability to function as is desired by an individual or needed to integrate into society
causes of psychologic disorders
organic causes (mental health), psychological functioning (learning), social factors (peer pressure, survival needs)
insanity
a legal issue wherein a person cannot tell right from wrong
fitness to stand trial
you must be able to understand what you are being charged with an assist your attorney in your defense. if you are found unfit you will be sent to be treated once/if you are fit the trial will continue
general characteristics of unfit people
unemployed, living alone, never marries, older females in minority groups, psychotic disorders, unlikely to have drug/alcohol problems
fitness to manage ones affairs
if one is incapicitated you must be committed and someone must care for their affairs. commonly comes up with elderly people, and we must assess their fitness to protect them from malicious children.
child emancipation
show intellectual, emotional, and social maturity to manage their own affairs. they can request the rights and obligations of adulthood
actus rea
wrongful deed
mens rea
criminal intent
elements that must be present for criminal guilt
actus reus and mens rea must both be present beyond a reasonable doubt for a guilty verdict
not guilty by reason of insanity
insanity removes the responsibility of performing an act because of uncontrollable impulses or delusions
difference between fitness and insanity
insanity examines the individual’s mental state at the time of the offense while the issue of fitness examines the individual’s state of mind at the time of the trial
three critical elements for insantiy from McNaughton (1843)
must be suffering from a defect of reason/disease of the mind, must not know the nature and quality of act they are performing, must not know what they are doing is wrong
not criminally responsible on account of mental disorder
not criminally responsible of an act committed or omitted while suffering from a mental disorder that rendered the person incapable of appreciating the nature or quality of the act or knowing it was wrong
consequences for not criminally responsible
a defendant should be detained if they pose a threat to themselves or society. if no threat they receive absolute discharge. you may also receive conditional discharge.
guilty but mentally ill verdict
a person can be found sane but controlled by a behavioural disorder that led to the criminal act. this person can be sent for treatment and required to either complete sentence or be discharged by judge’s discretion
guilt but mentally ill example
Lorena Bobet had Abused spousal syndrome and cut off her abusers penis. she was found guilty but mentally ill
automatism
unconcious, involuntary behaviour.
intoxication as a defense
previously, intoxication was not recognized as a defense for violent crimes (mens rea was the act of becoming intoxicated). now intoxication can be used as a defense for violent crime
mental health courts
divert accused charged with minor or moderately serious criminal offences and offer them alternatives. facilitate a defendant’s fitness to stand trial evaluation. ensure treatment for a defendant’s mental disorders. decrease the liklihood of repeat offences.
Glaeue courts
indigenous people have different culture and their social positionality disadvantages them in our courts. in some provinces there are special courts that understand and sentence based on indigenous culture.
three major question regarding children and the legal system
are children credible witnesses? what is best for children in cases of divorce? what do we do with child offenders?
priorities of the youth criminal justice act
prevention and rehabilitation
three main objectives of the youth criminal justice act
prevent youth crimes, provide meaningful consequences, improve rehabilitation and reintegration
preventing youth crimes
create programs for youth to divert cirminal tendencies
meaningful consequences
giving a shoplifter jail time does not teach them anything besides not to get caught. instead they can learn the inner workings of the business they stole from by doing community service there
improve rehabilitation and reigntegration
things like criminal records and no schooling affect young offenders for their whole lives
characteristics of youth court
in a different wing, less formal atire, normal attendees plus social worker, psychologist and family members, less formal environment, everyone gets a say
recent updates in juvenile offences
lowest it has been in 20 years, offenders are becoming younger, more are sent to adult courts, increase in crime among girls
status offense
a less serious offense for which a ticket is issued
psychological differences between youths and adults
do not have the same cognitive, moral, emotional and social maturity because of under developed frontal lobes. frontal lobes are essential for making judgements and inhibiting unwanted behaviour
risk factors for juvenile non-violent criminality (individual)
substance abuse, mental health, impulsivity, poor problem solving
risk factors for juvenile non-violent criminality (family)
poor parental attachment, lack of supervision, harsh ineffective discipline, substance abuse
risk factors for juvenile non-violent criminality (school)
academic difficulty, unrecognized learning disabilities, poor attendance, academic dissatisfaction
protective factors for juvenile non-violent criminality
intelligence, negative attitudes towards delinquent behaviour, sociability, positive family influence, close relationship with a family member, commitment to and participation in school activities, educational achievement
risk factors for non-sexual violence (individual)
impulsivity, hyperactivity, poor behavioural control, greater risk taking, attention problems, reduced intelligence, poor educational performance
risk factors for non-sexual violence (family)
parent with criminal history, low attachment, harsh discipline, poor supervision, child abuse, low socioeconomic status, family conflict
role of forensic psychologists in juvenile court
evaluate treatment amenability, provide treatment, transfer evaluations
parent-focused interventions
interventions directed at assisting parent to recognize warning signs for later youth violence
family-supportive intervention
intervention that connect at-risk families with various support services
school-oriented intervention
preschool programs, social skills training for children, broad social interventions designed to alter the school environment
community interventions
structured community activities for children and increasing community’s social cohesion
secondary interventions
provide social and clinicial services so that young offenders do not go on to commit serious violence, primary intervention strategies with the direct target of a youth
tertiary intervention strategies
more treatment than prevention, directed as chronic and serious young offenders, in patient treatment, community-based treatment
physical custody
where they live
legal custody
who makes legal decisions
sole custody
one parent with physical and legal custody
divided custody
1 physical, 1 legal
split custody
both types of custody for half the time
joint custody
both with physical and legal custody all the time
best interests of the child standard
the preference for child custody is the situation in which it is the best interest of the child. involves mental and physical health of all individuals, child’s adjustment to his/her home, school, community, ability for parents to provide, child-parent relationships, wishes of parent and child, other relevant factors
additional preferences
biological parent preference, heterosexual parent preference, parent who looks most like child (ethnicity) preference
APA guidlines for child custody evaluations
best interest of the child, recognize limits and biases, avoid dual relationship, confidentiality or informed consent, custody versus psychological evaluations
objective psychological test
a set of true/false questions
subjective psychological test
give a clue and ask what is happening
effects of divorce on children
negative effect due to level of conflict and poor relationships of people involved. cause academic and emotional difficulties. girls tend to internalize. boys tend to externalize. should fade around six months after conflict is terminated
authoritarian parent
the parent who makes and applies rules without variation
laissez faire parent
the parent with no rules
authoritative parent
the parent who collaborates on rules, explains them and is flexible
positive post-divorce situations
good relationship with authoritative parent, minimal parental conflict, financial security
