Week 1

Question 1

Intentionality

Answer 1

Unconscious vs conscious behavior

Question 2

Blameworthiness

Answer 2

Mental states can determine blameworthiness

Question 3

Potential behavioral changes

Answer 3

Future behavior change can impact degree of punishment

Question 4

Wild Beast Test

Answer 4

defendant was not convicted if they understood the crime no better than a wild beast (Judge Bracton)

Question 5

M’Naghten standard for insanity

Answer 5

a standard under which a criminal defendant is considered to have been insane at the time of an act (as a killing) if he or she did not know right from wrong or did not understand the moral nature of the act because of a mental disease or defect

Question 6

Hugo Munsterberg

Answer 6

advocacy of psychology in law

Question 7

William M. Marston

Answer 7

invention of lie detector, “legal psychology”

Question 8

Mamie Clark

Answer 8

found that both white and black children preferred white dolls

Question 9

1962

Answer 9

Psychologists must be recognized as full expert witnesses in US courts

Question 10

1974

Answer 10

courts recognize neuropsychologists as experts in brain injury and brain syndromes

Question 11

1981

Answer 11

American Law-Psychology Association

Question 12

1991

Answer 12

Speciality Guidelines for Forensic Psychology

Question 13

Inquisitional model

Answer 13

one or more judges ask questions and decides outcome. Religious criteria usually.

Question 14

Adversarial model

Answer 14

two opposing sides present case, neutral factfinder. Goal is to win.

Question 15

Civil Forensic Psychology

Answer 15

two parties (plaintiff and defendant), law suit

Question 16

Criminal Forensic Psychology

Answer 16

Prosecution and defense, charges filed

Question 17

Judge certainty in civil forensic psychology

Answer 17

Does not have to be 100% sure, can be 53% sure.

Question 18

Judge certainty in criminal forensic psychology

Answer 18

Judge has to be 95-100% sure.

Question 19

Police psychology

Answer 19

• Investigation
• Operational assistance (undercover, hostage)
• Clinical & applied services (officer selection)

Question 20

Forensic psychologist

Answer 20

• Expert witness (write report)
• Case consultant (second opinion)
• Trial consultant (help attorneys)
• Amicus Curiae (not on either party’s side)
• Researcher/investigator
• Clinical treatment provider

Usually have a doctoral-level degree and professional license.

Question 21

Justice

Answer 21

Moral correctness.

Question 22

Law

Answer 22

Rules governing behavior that is enforceable by the courts.

Question 23

3 dimensions of justice

Answer 23

• Fair rules (no discrimination)
• Fair play (police doesn’t discriminate)
• Fair outcome (proper ruling)

Question 24

4 sources of law in the US

Answer 24

• US constitution: federal law supersedes all other laws
• Statues: States are given leeway to pass certain laws
• Administrative: state may delegate power to specialized administrations
• Common law: cases without clear law or statue will be investigated to see if any previous cases have been similar. Stare decisis: if there is a precedent that applies to the case, judge applies it. Case law: without clear precedent, judge may make new ruling.

Question 25

Federal court

Answer 25

94 US federal judicial districts.

- Trial courts: hear a wide variety of cases.

Question 26

State court

Answer 26

• State trial: hears cases
• State appellate court: hears cases with alleged procedural violations.
• State supreme court: hears cases of particular importance to state constitution.

Question 27

Writ

Answer 27

Written order by judge (warrants etc.)

Question 28

Brief

Answer 28

Written documents presented to court

Question 29

6th and 14th amendments

Answer 29

gives criminal right to speedy trial, public trial, impartial judge, information about accusations.

Question 30

Exceptions to a jury trial

Answer 30

Family law, juvenile court, penalty less than 6 months, drug and mental illnesses, veterans.

Question 31

Judge

Answer 31

Gatekeeper for enforcing federal rules of evidence, ensures that trial follows procedures, determines/passes sentences, hears cases and renders a decision or verdict if found guilty.

Question 32

Jury

Answer 32

6-12 people

• Preponderance of the evidence: the jury must believe that it is “more likely than not” that plaintiff’s claims are valid. 55%. Civil trials.
• Clear and convincing evidence: “substantially more likely than not” 75% sure
• Beyond reasonal doubt: 90-95%. Criminal trials.

Question 33

Prosecutor

Answer 33

Attorney representing the state or federal gov, charges against defendant

Question 34

Defense attorney

Answer 34

represents defendant in civil or criminal case. Defendant has the right to defense in criminal case, but not civil.