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
Who pays for criminal defense?
The defendant
Who pays for civil defense?
The defendant
Who must prove the criminal case?
The crown
Who must prove the civil case?
Plaintiff
Criminal remedy
restriction
Civil restriction
monetary (money)
Criminal standard of proof
beyond a reasonable doubt
Civil standard of proof
On a balance of probabilities
Criminal profiling
Technique for identifyingthe major personality behavioral characteristics of an individual based upon analysis of the crimes they committed
Voluntary confession
Willingly confessing to a crime
False Confession
Confession that is either intentionally fabricated or not based on actual knowledge of the facts that form its content
Retracted confession
Confession that the confessor later declares to be false
Disputed confession
Confession that is later disputed in trial
4 criteria for confessions to be admissible
- Suspect must be of sound operating mind
- no threats or false promises
- no oppressive interviewing context
- no deception that would shock the community
What police behavior would render a confession inadmissible?
Physical abuse, threats of torture, involving suspects family in threats or promises, creating oppressive conditions, using tricks to shock the community
What police behaviour would render a confession admissible
Lying within limits, good cop bad cop routine, offering counselling help, religious appeals. involving a suspects family in appeals, using polygraph test, presenting fabricated evidence
What are suspect rights in Canada?
Have the right to silence and the right to legal counsel
What happens if a suspect waives their rights to silence?
If a suspect waives their rights to silence then their confession is admissible in court
When is understanding your rights usually reduced?
It is usually reduces when conditions are stressful
3 reasons why confessions are powerful evidence
Save time, lead to other evidence, influential to jurors
Fundamental Attribution Error
Tendency to attribute other’s behaviours to internal factors and to ignore situational factors
3 types of false confessions
Voluntary false confessions
Coerced-compliant false confessions
Coerced-internalized false confessions
Voluntary False Confessions
Suspect falsely confesses to ac rime they know they did not commit because they have something to gain (protection of another individual)
Coerced-compliant false confession
Suspect falsely confesses to a crime they know they did not commit
What is the result of coercive interrogation techniques
Coerced-compliant false confession
Why would someone commit a coerced-compliant false confession?
because they believe its the only way to stop the interrogation is to just confess
Coerced-internalized false confession
suspect falsely confesses to a crime they have come to believe the committed
What is the result of coercive interrogation techniques?
Coerced-internalized false confession
What do those who commits a coerced-internalized false confession believe?
Believe their own guilt even with a lack of memories
Why do people falsely confess?
Due to the vulnerability of the suspect, innocence, interrogations
Who is at a higher risk of a false confession?
Those who are high in suggestibility, who may not want to see the consequences of their actions, those who accept what an authority figure is telling them
What do interrogations break down?
Breaks down self regulation (our ability to focus and think logically)
How are suspects affected by intense situations?
It reduces the suspects ability to consider the consequences of their actions
What is an innocent person most likely to do?
Are most likely to waive their rights, want to help out, and believe a confession may be seen as false because they believe their own innocence.y
Police Interrogation
Process where the police interviews a suspect to get information and a confession
What is the focus of police interrogations
Psychological techniques
True or false. Physical methods were not previously utilized to elicit confessions
False. Physically coercive tactives were used to extract confessions
Reid Technique
9 step interrogation model used in North America to extract confessions from suspects
4 Strategies utilized in Reid Technique
- Loss of Control
- Social Isolation
- Certainty of guilt
- Minimization of culpability
Loss of Control
Control is taken away from the suspect. The interrogators control everything such as content of conversation, physical environment, and amount of time spent on interview
Social Isolation
Interrogations happen alone with lack of support from friends or support person. The suspect has no one to back them up
Certainty of Guilt
Interrogators focus on the guilt of the suspect. May present real or fabricated evidence to illustrate guilt. Interrogators go in with the idea that the suspect is guilty and they just need to get a confession
Minimization of culpability
Interrogators minimize the suspects role in the crime. Shift the blame to others and provide justification such as “you’re only a kid”
3 Steps of the Reid Technique
- Factual analysis
- Behaviour Analysis Interview
- Interrogation
Factual Analysis
Investigator gathers evidence and reviews case file
Behaviour Analysis Interview
Assess guilt with behaviour provoking question. Non accusation all interview
Interrogation
Obtain confession. 9 step procedure is implemented
First step of Reid Interrogation Technique
Accuse - suspect of doing the crime and confront them of their guilt
Second step of Reid Interrogation Technique
Offer suspect possible excuses for committing the crime. A
Third step of Reid Interrogation Technique
Cutoff the suspects attempt to deny their involvement in crime
Fourth step of Reid Interrogation Technique
Overcome the explanations offered by suspect. Do not let them talk
Fifth step of Reid Interrogation Technique
Hold the attention of the suspect and make them feel cornered in if they begin to withdrawa
Sixth step of Reid Interrogation Technique
Show sympathy and understanding. Urge them to come clean
Seventh step of Reid Interrogation Technique
Reframe the issue.”Maybe someone pressured you to do it”
Eighth step of Reid Interrogation Technique
Elicit a full infestation when suspect agrees to one of the alternative explanations
Ninth step of Reid Interrogation Technique
Write the full confession and have them sign
Minimization techniques
Designed to lull suspect into a fall sense of security. Providing alternative explanations and justifications for the crime
Maximization techniques
Designed to intimidate suspect. Interrupt denials and make accusations
When can a suspects statements be used as evidence against them?
When in Canada and America, the suspect knowingly and voluntarily waives their rights to silence and legal counsel.
What are the 3 problems with the Reid Technique
- Detecting Deception
- Investigator Bias
- False confessions
Detecting Deception
Detecting when someone is being deceptive. There is very little research to show that police can detect deception with accuracy.
Investigator Bias
When people form a belief about something before they enter a situation. They unconsciously seek out and interpret info in a way that confirms their belief.
Happens during interrogation when the police enters thinking the suspect is guilty/
False Confessions
Due to situation and pressure being put on individuals
Explain the Mr.Big Operation
When an undercover cop befriends a suspect and convinces them to engage in criminal activity as they will receive compensation. They will then meet Mr.Big and talk about a past crime they committed as Mr.Big will need something on them to have dirt on them. Their confession is recorded.
Problems with the Mr.Big operation
Controversial, admissible in Canadian courts, Coercive, lack of suspect rights. Influential to jurors
What is the goal of the peace method
Encourages information gathering rather than a confession. Is more human and is likely to hold up in court. Implemented to reduce oppressive interrogation techniques
What does PEACE stand for?
Preparation + plan, engage + explain, account, closure, evaluation
Voluntary confession
Willingly confessing to crime
False confession
Confessions that is either intentionally fabricated or is not based on actual knowledge of the facts
Retracted confession
Confession that the confessor later declares to be false
Disputed confession
Confession that is later disputed in trial because its shown to be involuntary or not true
3 types of false confessions
Voluntary, coerced-compliant, coerced internalized
Voluntary False Confessions
Falsely confessing to a crime they know they did not commit because they have something to gain (fame or protection of individual)
Coerced-compliant false confession
Results from a desire to escape a coercive interrogation environment or gain a benefit promised by the police. Caused by coercive interrogation tactics
Coerced-internalized confessions
Results from suggestive interrogation techniques where the confessor actually comes to believe they committed the crime
4 things for the admissibility of confessions
- Suspect must be of sound operating mind
- No threats or false promises
- No oppressive interviewing context
- No deception that would shock the community
5 Things that would render a confession inadmissible
Physical abuse, threats of torture, offers of leniency, including family in threats, creating oppressive conditions
What would render a confession admissible
Lying within limits, offering counseling, religious appeals, including family in appeals, polygraph test, presenting fabricated evidence
Criminal Profiling
Technique for identifying the major personality and behavioural characteristics of an individual based upon analysis of the crimes they have committed
Where is criminal profiling most commonly used?
Violent serial crimes
Process of profiling includes:
Analyzing crime scene like gathering victims info and studying police reports, make inferences about killers motive, make inferences about identify of perpetrator
Deductive Criminal Profiling
Profiling the background characteristics of an unknown offender based on evidence left at the crime scene by that particular offender
Example of deductive criminal profiling
Assuming that the length of fingernails of an offender indicate they are a guitar player
Inductive Criminal profiling
Profiling the background characteristics of an unknown offender based on what we know about other solved cases
Example of inductive criminal profiling
Assumption that a murderer of children has a previous criminal conviction
What does inductive criminal profiling largely rely on?
A determination of how likely it is that an offender will posses similar characteristics similar to those who have done similar crimes
4 cluster SEARCH strategies
- Hunters
- Poachers
- trollers
- Trappers
Hunters
Actively seek out victims close to home
Poachers
Travel far to find victims
Trollers
Encounter victims during regular routine
Trappers
Put themselves in situation where they have access to preferred victims
3 cluster victim selection strategies
- Telio-specific
- Pedo specific
- non-specific
Telio-specific
offenders who predominantly target adult female with specific physical features
Pedo specific
target child and adolescent with preferred physical features
Non-specific
No preferred victim type
3 ways to categorize serial offenders
Organized/disorganized Model, Holmes typology, Investigative psychology
Characteristics of an organized offender
High intelligence, skilled occupation, sexually adequate, lives with partner, geographically mobile, lives far from crimes, follows crimes in media, maintains residence and vehicle
Characteristics of a disorganized offender
Low intelligence, unskilled occupation, sexually inadequate, lives alone, geographically stable, lives close to crime, does not maintain vehicle or residence
Organized crime scene
planned offence, use of restraints, antemortem sexual acts, vehicle use, no post-mortem mutilation, corpse not taken, little evidence left behind
Disorganized crime scene
Spontaneous offence, no restraints, post-mortem sexual acts, no vehicle, post-mortem mutilation, corpse taken, evidence left at scene
4 Classifications of Holmes and Holmes
Visionary, mission-oriented, hedonistic, power-oriented
Visionary
Have visions or hears voices from god or spirits instructing them to kill particular individuals
Mission-Oriented
motivated by a desire to kill individuals they regard as evil or unworthy
Hedonistic
Takes sadistic sexual pleasure in torturing their victims (kills for thrills)
Power oriented
get satisfaction from capturing and controlling their victim
What does a theoretical base on criminal profiling not take into account?
Does not take into account situational influences in shaping behaviour. How the way you act in class is different to how you would act on a Friday night
Geographic Profiling
Technique using crime scene locations to predict the most likely area an offender lives, works, or will commit their next crime
What us geographic profiling primarily used for?
Used for prioritizing potential suspects and ranking them staring with the person that lives the closest
Basic assumption behind geographic profiling
Serial offenders do not travel far from home to commit crimes
Anchor Point
Location the offender leaves to commit the crime (home base)
Buffer zone
Around the home of offender where they’re less likely to commit crimes
Comfort zone
Where offender is most comfortable committing crimes
Distance Decay
Probability of a crime decreases as distance from past crime increases (as you move away from point a, the chances of crime occurring increases
Temporal Sequencing
Over time the geographical range of a serial offender’s crime will increase
What use VICLAS
Developed by RCMP to collect and analyze info on serious crimes in Canada. Enter characteristics into a computer system providing connections to other crimes. Largely dependant on who os entering the information
Crime linkage
Process of deciding if a single perp committed 2 or more crimes
Linkage blindness
Inability of law enforcement across different jurisdictions to note that crimes committed in respective jurisdictions may be related
