Psych & Law Midterm Flashcards
What are the 3 approaches to Psychology & Law
Psychology IN the law
Psychology OF the law
Psychology AND the law
Psychology IN the Law
- Attorneys and judges utilize
psychologists and their knowledge
and experience to help in the
resolution of cases - Counseling, clinical, or forensic
psychologists with some legal
training and experience - Provide services to the legal
community
Psychology AND the law
- Analyzing and examining various
components of the law and the
court processes from a
psychological perspective - Psychologists conduct basic and
applied research into the most
challenging issues faced by the legal
system - Psychologists try to answer
questions and communicate to
those working in the legal system
Psychology OF the law
- Understand the way that law seeks
to control behavior - How people react to and interact
with the law
Methods of Obtaining Knowledge
Method of Tenacity
Method of Authority
A Priori Method
Method of Science
Method of Tenacity
People hold firmly to their beliefs about others because they “know”
them to be true and correct
Method of Authority
People believe something because individuals and institutions in
authority proclaim it to be so
A Priori Method
- Evidence is believed correct because
it is a product of logical
deduction - Dominant approach to knowledge in
the legal process
Method of Science
Testing of a statement or set of statements through observations
and systematic research
Expert Testimony
- Judge must be satisfied that an
expert has the proper credentials
and that the expert’s knowledge is
sound - Will not necessarily be admitted into
a court proceeding - Minimum academic degree is
expected - In some courts, person offering to
testify must hold specific
certifications - The topic on which she or he seeks
to testify must also be assessed
The Frye Standard
- Made “general acceptance” of
scientific knowledge the standard or
test for admitting expert scientific
testimony into federal courts - Widely applied by federal and many
state courts in 20th century
The Daubert Standard
Supported the Federal Rules of Evidence as replacement for Frye
standard
- Trial judges should screen any and
all scientific testimony or evidence
- Relevancy
- Legal sufficiency
- Reliability
The Daubert Standard: Relevancy
Does the evidence pertain directly to the case?
The Daubert Standard: Legal Sufficiency
- Does the evidence have probative
value? - Does its probative value outweigh
its possible prejudicial impact?
The Daubert Standard: Reliability
- Can the evidence be tested, and
has it been tested? - If tested, what is the error rate?
- Is the technique/method/test peer
reviewed and published? - Is the technique/method/test
accepted by the scientific
community?
What are the two main jobs of the judicial branch?
- Make sure laws are enforced fairly
- Interpret the law
What are the two kinds of cases courts hear?
- Criminal (accused of a crime, witness evidence)
- Civil (use the law to settle disputes, applies the law to the facts presented)
Civil Dispute
A conflict between:
1. Two private parties
2. A private party and the government
3. The U.S. government and a state or local government
What does a psychologist do in the pretrial stage of the judicial process?
- Evaluate criminal defendants
- Provide evidence in depositions
- Testify in pretrial hearings
- Assess risk of dangerousness
- Consult with lawyers
- Restore incompetent defendants
- Assess juveniles
What does a psychologist do in the Trial stage of the judicial process?
- Consult with attorneys on jury
selection - Testify as expert witness
providing specialized knowledge
What does a psychologist do in the Disposition stage of the judicial process?
- Testify as to mitigating factors
- Testify as to risk of
dangerousness - Recommend treatment
approaches for a convicted
offender
What does a psychologist do in the Appeals stage of the judicial process?
File amicus curiae briefs
