The Judicial Process Flashcards
The 4 stages of the judicial process are…
1-pretrial
2-trial
3-disposition
4-appeals
If an individual is held in jail, they must appear before a judge within ____ to ensure…
- 24 hours
- there is legal ground to hold them
Detainees are screened for mental health disorder or psychological crisis, they may be diverted to…
-problem-solving courts
Define: arraignment
- opening proceeding at which formal charges are read
- defendants are asked if they understand their charges, they are informed of their right to counsel, and can enter their pleas
____ offenses can immediately plead guilty and receive a fine or sentence
-minor offenses
Define: nolo contendere
-they will not contest charges, but are not admitting their guilt
(in criminal cases same effect as guilty plea, conviction is entered on record)
Not guilty by reason of insanity (NGRI) is a non-guilty plea coupled with notice that insanity will be used as a defense. This occurs in the ___ phase.
-pretrial phase
Evaluations psychologist use to determine if the insanity defense can be supported are…
- Criminal Responsibility (CR) evaluation
- Mental State at Time of Offense (MSO)
- Competency to Stand Trial
What happens in a pretrial hearing?
- admissible evidence is decided
- competency is decided
- bail is decided
- if juvenile, whether to be transferred to juvenile court
In civil cases, what is a likely role for a psychologist?
-trial consultant for attorneys—in preparation of a case
What happens in the discovery process?
-both sides make available to one another the information they have at their disposal in preparation of the case
(prosecution must inform defense of evidence that can clear blame)
(defense is not entitled to release incriminating information about their client)
What is a deposition?
- potential witnesses are questioned under oath in the presence of a court recorder
- usually happens outside of court setting)
Define: bench trial
-trial before a judge
Define: voir dire
- potential jurors are questioned, in an effort to uncover bias and assemble an objective jury
- forensic psychologist consultant may participated in this process (pretrial research is put to practical use)
What are the 2 challenges to remove potential jurors?
- peremptory challenge (lawyer does not need to state reason)
- challenge for case (specific reason is offered)
What happens in the disposition stage?
- sentencing
- Forensic psychologist may offer opinions of rehabilitation for juveniles
Define: presentence investigation report (PSI)
-obtained by sentencing judge
-contains offenders social, educational, employment, family, drug, medical, and mental history
(psychologists may submit a report to be appended to the PSI)
In the Appellate stage…
-losing parties have a chance for appealing their convictions, sentences, or judgments
In the appellate stage, what is a psychologists role?
-the psychologists role in earlier stages may be questioned
Define: amicus curae briefs
-document filed by interested parties who didn’t participate directily, BUT have a stake in the outcome, or research to offer
-usually filed by an organization on behalf of its members
(a possible part of appellate stage)
The 2 main areas a Forensic Psychologist trial consultant participate in are…
- jury selection
- assisting lawyer during trial process
What are the 3 main components of witness preparation?
- witness education
- attorney education
- modification of testimony delivery
What are some concerns about trial consultants?
- trial consulting is largely un-regulated
- witness preparation raises concern
- research psychologists are skeptical to choosing “jurors sympathetic to one’s case”
