midterm Flashcards
In assessing criminal responsibility, what methods are used?
interview accused, review records, interview people who know the accused, administer psychological tests
prov courts
1) trial courts
2) provincially appointed judges
3) they hear most CRIMINAL cases, about half of the family cases, almost all youth cases, and civil cases with small amounts of money
4) no option to be tried by jury
5) Decisions are not binding but persuasive to other courts of same level
which court do summary offences go to?
provincial court
Behavioural therapy
identify and change self-destructive behaviours
what is the role of an expert witness?
a person who testifies in court about opinions based on specialized knowledge that they possess
malingering
exaggerating/faking psychological/physical symptoms to achieve external incentive
which sec of the charter allowed legislators to pass a law that is contrary to Charter rights?
s. 1 - if it is a reasonable limit that can be demonstrably justified in a free and democratic society
In the BC Civil Commitment Procedures, what must the physician certify about the person in question?
1) requires treatment in or through designated facility
2) requires CARE, SUPERVISION, and CONTROL to prevent substantial mental/physical deterioration
3) cannot suitably be admitted VOLUNTARILY
a person is designated a “long-term offender” if
1) sentence of 2 years or more
2) substantial risk that the offender will reoffend
3) reasonable possibility of eventual control of the risk
harmony of competencies
a single standard should apply across all evaluations
____ competence is tested, not ______ competence
legal, psychological
ethical issues for correctional psychologists
confidentiality, informed consent, competence, identity of client (client is the institution the psychologist works at, not the inmate)
prov superior courts
1) trial courts
2) federally appointed judges
3) they hear some criminal/civil cases, applications for divorce, and appeals from prov courts on small claims, family cases, and less serious criminal matters
4) Decisions are binding and persuasive to other courts of the same level or lower
mental disorder may negate ____ ____
mens rea
what does conviction of manslaughter req?
the proof that the actions of the accused CAUSED the death of the victim, and the mens rea of 1st and 2nd degree CANNOT be proven
risk assessment purpose
to find likelihood that individuals will commit acts of violence and develop interventions to manage/reduce likelihood of violence
Constitution Act, 1867 - division of powers
powers to pass laws in Canada were divided so provinces were given jurisdiction over some areas and the federal gov were given powers to pass laws in other areas.
Haneys taxonomy to describe the multiple relationships of psych and the law (3)
1) psychology IN the law (how psych is used in legal issues)
2) psychology AND the law (using psychological principles to analyze and examine the legal system)
3) psychology OF the law (conjoint relationship between the law and psych)
what are the professional associations of forensic psychology? (3)
1) American Psychology-Law Society (AP-LS) - PRIMARY ONE
2) European Association of Psychology and Law (EAPL)
3) Australian and New Zealand Association of Psychiatry, Psychology and the Law (ANZAPPL)
mental disorder is _____ to be deemed NCRMD, but not _____
necessary, sufficient
who brings the case to court in civil law?
plaintiff
Parens Patriae excludes…
those who CANNOT be treated
SCC
1) Appeal court only
2) 5, 7, or 9 judges
3) federally appointed judges
4) binding on ALL inferior courts that are subject to that law
5) is not binding to itself and can reverse own decisions
respondent
used in CRIMINAL cases, respondent is the person responding to the appeal