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
