The Judicial Process

Question 1

The 4 stages of the judicial process are…

Answer 1

1-pretrial
2-trial
3-disposition
4-appeals

Question 2

If an individual is held in jail, they must appear before a judge within ____ to ensure…

Answer 2

• 24 hours

- there is legal ground to hold them

Question 3

Detainees are screened for mental health disorder or psychological crisis, they may be diverted to…

Answer 3

-problem-solving courts

Question 4

Define: arraignment

Answer 4

• 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

Question 5

____ offenses can immediately plead guilty and receive a fine or sentence

Answer 5

-minor offenses

Question 6

Define: nolo contendere

Answer 6

-they will not contest charges, but are not admitting their guilt
(in criminal cases same effect as guilty plea, conviction is entered on record)

Question 7

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.

Answer 7

-pretrial phase

Question 8

Evaluations psychologist use to determine if the insanity defense can be supported are…

Answer 8

• Criminal Responsibility (CR) evaluation
• Mental State at Time of Offense (MSO)
• Competency to Stand Trial

Question 9

What happens in a pretrial hearing?

Answer 9

• admissible evidence is decided
• competency is decided
• bail is decided
• if juvenile, whether to be transferred to juvenile court

Question 10

In civil cases, what is a likely role for a psychologist?

Answer 10

-trial consultant for attorneys—in preparation of a case

Question 11

What happens in the discovery process?

Answer 11

-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)

Question 12

What is a deposition?

Answer 12

• potential witnesses are questioned under oath in the presence of a court recorder
• usually happens outside of court setting)

Question 13

Define: bench trial

Answer 13

-trial before a judge

Question 14

Define: voir dire

Answer 14

• 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)

Question 15

What are the 2 challenges to remove potential jurors?

Answer 15

• peremptory challenge (lawyer does not need to state reason)
• challenge for case (specific reason is offered)

Question 16

What happens in the disposition stage?

Answer 16

• sentencing

- Forensic psychologist may offer opinions of rehabilitation for juveniles

Question 17

Define: presentence investigation report (PSI)

Answer 17

-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)

Question 18

In the Appellate stage…

Answer 18

-losing parties have a chance for appealing their convictions, sentences, or judgments

Question 19

In the appellate stage, what is a psychologists role?

Answer 19

-the psychologists role in earlier stages may be questioned

Question 20

Define: amicus curae briefs

Answer 20

-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)

Question 21

The 2 main areas a Forensic Psychologist trial consultant participate in are…

Answer 21

• jury selection

- assisting lawyer during trial process

Question 22

What are the 3 main components of witness preparation?

Answer 22

• witness education
• attorney education
• modification of testimony delivery

Question 23

What are some concerns about trial consultants?

Answer 23

• trial consulting is largely un-regulated
• witness preparation raises concern
• research psychologists are skeptical to choosing “jurors sympathetic to one’s case”