Midterm 1 Flashcards
Forensic Psychology
Field of psychology dealing with all aspects of human behaviour relating to the legal system
Where did forensic psychology research first take place?
US and Europe
wHo conducted one of the fist experiments in forensic psych? Where?
James Catell at Columbia
Where were James Cattell’s experiments later called?
The psychology of eyewitness technology
What is La Suggestibilite?
Study conducted by Alfred Binet around the same time as James Cattell which showed that testimonies given by children where highly susceptible to suggestive techniques.
Who is William Stern
Conducted studies examining the suggestibility of witnesses
What is the “Reality Experiment” and who is it attributed to?
Used by eyewitness researchers to study eyewitness recall and recognition. Is attributed to William Stern
What does the “reality experiment” involve?
It involves participants being exposed to stages events and asked to provide information about the event.
What did Stern find about the accuracy of a persons testimony?
Found that emotional arousal can have negative impacts on the accuracy of a persons testimony.
Albert Von Schrenck-Notzing
One of the first to provide testimony in court on the effects of pre trial publicity on memory
Retroactive Memory Falsification
Process where people confuse actual memories of events with events described by the media
Julian Varendonck
Psychologist who demonstrated children’s testimonies were inaccurate and easily led by suggestive questioning
Is it common for psychologists to testify on matters such as fitness to start trial and criminal responsibility as well as including risk assessment, treatment of traumatic brain injury, factors affecting eyewitness Emory and jury decison making
Yes
Where has the most significant contributions by psychologist in Canada been?
In the areas of corrections such as constructing better risk-assessment tools and developing effective treatment approaches
Clinical Forensic psychologist
Psychologist who are broadly concerned with the assessment and treatment of mental health issues as they pertain to the law or legal system
A frequent task of clinical forensic psychologists
Assessment of an offender to determine if they are likely to pose a risk to the community if released form prison
Issues clinical forensic psychologists are interested in
Conducting divorce and child custody mediation
Providing expert testimony on questions of a psychological nature
Running critical incident stress debriefings with police officers
Facilitation of treatment programs for offenders
Forensic anthropologist
examine remains of deceased individuals to help determine their identity and how they might have died
Forensic Biology
Apply their knowledge of life sciences to legal investigations. Such as the presence of insects on a decomposing body to determine the timeline of death
Forensic odontology
Study dental aspects of criminal activity. May assist police in identifying deceased dental records or who left bite marks in an individual
Forensic Pathology
Medical doctors eho examine injuries or remains of dead bodies to figure our cause of death
Forensic Toxicology
Study effects of drugs and other chemicals on people within the context of the law
Experimental Forensic Psychologist
Concerned with the study of human behavior as it pertains to the legal system
Type of training experimental forensic psychologists undergo
PhD level graduate training with research focused in a topic related to forensic psychology
SFU Psychology and Law program
Allows students to receive PhD and LLB at same time. Produces forensic psychologist more informed about the legal process and system
SFU Mental health, law, and policy institute
Promotes interdisciplinary collaboration in research and training in areas related to mental health, law, and policy
Role of forensic psychologist as a legal scholar
Engage in scholarly anlyses of mental health, law, psychologically oriented legal movements
What is the applied work of a forensic psychologist scholar surrounded around?
Applied work is most likely centred around policy analysis and legislative consultation
What are 3 ways that psychology and law relate to one another
- Psychology and the law
- Psychology in the law
- Psychology of the law
Psychology and the law
Use of psychology to examine the operation of the legal system
What are the types of research and examinations that fall under psychology and the law?
“Are eyewitnesses accurate?”
“Do certain interrogation techniques cause people to falsely confess?”
“Is it possible to predict of an offender will be violent after release from prison?”
Psychology in the law
Use of psychological knowledge in the legal system
What are 2 different forms psychology in the law may take?
- Psychologist using their knowledge of human communication to assist police in hostage negotiations
- Psycholgosts in court providing expert testimony concerning relevance
Psychology of the law
Use of psychology to study the law itself
What type of questions does the psychology of the law address
Does the law reduce the amount of crime in our society?
Expert witness
Witness who provides the court with information that assists the court in understanding an issue of relevance to a case
Can expert witnesses provide the court with their personal opinion on what matters relevant to the case?
Yes but opinions must fall within the limits of expert witness’s area of expertise
What are expert witnesses there for?
They are there as an educator to the judge and jury. NOT as an advocate for the defence and prosecution
What are 2 reasons why being an expert testimony is challenging?
- There’s a lot for the expert witness to know
- inherent differences exists between psych + law
General Acceptance test
Standard for accepting expert testimony which states that expert testimony will be admissible if the basis of the testimony is generally accepted within the relevant scientific community
Criticism of General Acceptance Test
The vagueness of the term general acceptance whether trial judges are able to make this determination
How was vagueness addressed in the US Supreme Court?
When daubert’s experts evidence was rejected as they were generally not accepted by the scientific community so they made the Daubert criteria
What did the Supreme Court state that for evidence to be admissible it must..?
- Be provided by a qualified expert
- Be relevant
- Be reliable
Daubert Criteria
American standard for accepting expert testimony
What are 4 things in the Daubert Criteria that say scientific evidence is valid?
- peer-reviewed
- testable
- has a recognized rate of error
- adhere to professional standards
Mohan Criteria
Canadian standard for accepting expert testimony
R. v. Mohan
Mohan was a pediatrician chargeds with sexual assault and wanted to call upon a psychiatrist to testify that he did not for the profile for a sexual offender
4 Criteria of Mohan criteria
- Relevance
- Necessity
- Absence of Exclusion rule
- Qualifications of the Expert
Relevance (mohan)
Evidence must be relevant and make the fact at issue more or less likely (percentage of it occurring)
Necessity (mohan)
Testimony must be about something that goes beyond the common understanding of the court
Absence of exclusion rule (mohan)
Any rule that may cause evidence to be inadmissible and prevents topic from being discussed
Qualification of expert (mohan)
Qualifications of expert determined by: amount of trainings and experience they possess
Must have expertise in the domain for testimony to be admissible
In addition to Mohan criteria, what else does experts in Canada must be?
Independent and impartial where their opinions would not change regardless of which party retained them
What are the 3 roles of expert witness
- Conduit-educator
- Philosopher-advocate
- hired gun
Conduit-educator
presents a full overview of current research
Philosopher-advocate
Brings their personal views into their testimony and advocates for things that align with personal views
Hired Gun
testifies in a way that aligns with the side that hired them
What are 4 other ways of influencing the legal system
- Cross-disciplinary Education
- Amicus Curia beliefs (Friends of the court)
- Dissemination of research findings
- Legislatures + public policy
Cross-disciplinary Education
Actors in justice system and research receiving medication in psyc- + law
amicus Curia beliefs (Friends of the court)
Group of individuals come together to provide a document to educate the court on a particular subject
Dissemination of research findings
Sharing research through various outputs in efforts to make more accessible
Legislatures + public policy
Writing of large scale reports to influence policy lobbying through professional institutions
Suspect
Individual under investigation for a crime
Accused
Individual who has been charged with a crime
Plaintiff
individual in civil court who brings a case against someone
Complainant
Individual who has accused someone of committing a crime
Triers of fact
decision-makers in the justice system (judges and juries)
The Crown/Prosecution
Government’s side of adversarial system; charge accused with crime
Defense
Side of adversarial system that defends accused
Purpose of criminal
To inflict punishment
Purpose of civil
To restore justice
Who investigates criminal cases
the police
who investigates civil cases
an individual
who brings a criminal case to court
the crown
who brings a civil case to court
plaintiff
who pays for criminal prosecution
the state
who pays for civil prosecution
Plaintiff