Week 1 Flashcards
Intentionality
Unconscious vs conscious behavior
Blameworthiness
Mental states can determine blameworthiness
Potential behavioral changes
Future behavior change can impact degree of punishment
Wild Beast Test
defendant was not convicted if they understood the crime no better than a wild beast (Judge Bracton)
M’Naghten standard for insanity
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
Hugo Munsterberg
advocacy of psychology in law
William M. Marston
invention of lie detector, “legal psychology”
Mamie Clark
found that both white and black children preferred white dolls
1962
Psychologists must be recognized as full expert witnesses in US courts
1974
courts recognize neuropsychologists as experts in brain injury and brain syndromes
1981
American Law-Psychology Association
1991
Speciality Guidelines for Forensic Psychology
Inquisitional model
one or more judges ask questions and decides outcome. Religious criteria usually.
Adversarial model
two opposing sides present case, neutral factfinder. Goal is to win.
Civil Forensic Psychology
two parties (plaintiff and defendant), law suit
Criminal Forensic Psychology
Prosecution and defense, charges filed
Judge certainty in civil forensic psychology
Does not have to be 100% sure, can be 53% sure.
Judge certainty in criminal forensic psychology
Judge has to be 95-100% sure.
Police psychology
- Investigation
- Operational assistance (undercover, hostage)
- Clinical & applied services (officer selection)
Forensic psychologist
- 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.
Justice
Moral correctness.
Law
Rules governing behavior that is enforceable by the courts.
3 dimensions of justice
- Fair rules (no discrimination)
- Fair play (police doesn’t discriminate)
- Fair outcome (proper ruling)
4 sources of law in the US
- 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.
Federal court
94 US federal judicial districts.
- Trial courts: hear a wide variety of cases.
State court
- State trial: hears cases
- State appellate court: hears cases with alleged procedural violations.
- State supreme court: hears cases of particular importance to state constitution.
Writ
Written order by judge (warrants etc.)
Brief
Written documents presented to court
6th and 14th amendments
gives criminal right to speedy trial, public trial, impartial judge, information about accusations.
Exceptions to a jury trial
Family law, juvenile court, penalty less than 6 months, drug and mental illnesses, veterans.
Judge
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.
Jury
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.
Prosecutor
Attorney representing the state or federal gov, charges against defendant
Defense attorney
represents defendant in civil or criminal case. Defendant has the right to defense in criminal case, but not civil.
