Week 1 Flashcards
First Forensic Psychology study
1985 James Catel
- Recollection of past events
- often inaccurate
- Low correlation between accuracy and confidence
First Study on suggestibility
Alfred Binet 1900
- Conducted on children using object memory
- Free recall more accurate than questions even if not leading
- Suggestibility increases with high stress and vulnerable state
Def: Forensic Psychology
A field of psychology that deals with all aspects of human behaviour as it relates to the law or legal system
Clinical Forensic Psychologist
Broadly concerned with the assessment and treatment of mental health issues as they pertain to the law or legal system
- involved in expert testimony, treatment, assessment and divorce
What types of questions do clinical psychologists answer?
- Does an offender pose risk to community
- Who is best suited for a job in policing
- Is this law enforcement officer ready to go back after a stressful event
Experimental Forensic Psychologist
Examines human behaviour directly related to the law
- Understand what factors influence juries
- How to effectively conduct eyewitness lineups
- What biases exist among law enforcement officers
Legal Scholar
Someone who conducts research and has a law degree
Psychology and the law
- Using psychology to study the operation of the legal system
- Are current operations effective and valid
Psychology in the law
- Using Psychology within the legal system as it currently operates
- Relay of psych knowledge to you for use (psychologist to authority)
Psychology of the law
- The use of psychology to study the law itself
Witness
Can testify about what they directly observe
Expert Witness
Can provide court with their personal opinion on matters relevant to the case
- Based on their expertise
- Must be reliable and helpful
-Must be trained in law, clinical psychology, years experience
- Not advocate for either side (objective)
- Act as an educator to the judge and jury
America’s First Expert Witness
State v. Driver in West Virginia, 1921
- Adolescent girl sexually assaulted
- Defense brought in psychologist with expertise in juvenile delinquency to try and discredit that girl - reported the victim was a moron (Diagnosis impacted the ability to effectively provide testimony)
- Initial skepticism if psychological tests are practical as it pertains to the legal system
- Further use in 1940 and 1962 - more use moving forward
Challenges of being an expert witness
Experts need to know:
- Details of the case and their own testimony, with evidence
- Their role in the proceedings
- How to communicate in persuasive and helpful manner
What are the 7 differences between psychology and the law?
- Epistemology
- Goals
- Knowledge
- Methods
- Criterion
- Principles
- Court Behaviour
Differences in epistemology between psychology and the law
LAW
- Truth is subjective
- Depends on who argues the point better, not what actually happened
PSYCH
- Uncover hidden objective truths based on what the data supports
Differences in Goals between law and psych
LAW
- Tells people how to behave
- Provides punishment
PSYCH
- Describe how and why people behave the way they do
Differences in Knowledge between law and psych
LAW
- Idiographic analysis
- Rational application of logic, use common sense
- Decisions on case by case basis, relying on past cases that set precedent
PSYCH
- Based on empirical, group based data that is backed by science
- Focused on the group rather than the individual (more people = more accurate)
Differences in Methods between law and Psych
LAW
- Constructing compelling narratives that are consistent with the law
PSYCH
- Empirical, want to replicate results (the scientific method)
- Consider cofounding variables
Differences in criterion between Law and psych
LAW
- Guilt is determined using several criteria, beyond response doubt
PSYCH
- Cautious to accept something as true
- Conservative stats to accept truth
- Even if stats are true still consider if this shows significance
- Evaluate limitations and improvements for study
Differences in principles between law and psych
LAW
- Tries to make one explanation the best reason for events
PSYCH
- Exploratory approach, considers multiple explanations (not only one truth)
Differences in court behaviour between Law and Psych
LAW
- Fewer restrictions on lawyers
- Can present evidence, call any witness they want, present case how they see fit
PSYCH
- Only one role in the court, if any in some cases (expert witness)
General Acceptance Test
Expert testimony will be admissible if the basis of the testimony is generally accepted within the relevant scientific community
What are the 2 major criticisms of the general acceptance test?
- Vagueness of terms “general acceptance”
- Lots of topics experts don’t agree on
- No Standard - Whether trail judges can make this determination
- Judges may not know what is generally accepted in a certain scientific field
Daubert v. Merrell Dow Pharmaceuticals
- Bendectin was a drug used for nausea and vomiting in pregnant women which effected limb growth of the baby
- Prosecution wanted to use expert witness to testify that the drug was dangerous but it was inadmissible because that was not inline with general public
- Defense used expert witness to say the drug is safe and widely used which was the general accepted
- Case went to supreme court which laid out 4 specifc criteria for expert testimony
Daubert Criteria
- Research has been peer reviewed
- Research is testable
- Research has recognized rate of error
- Research adheres to professional standards
Mohan Criteria
Similar to Daubert Criteria but in Canada
1. Must be relevant to the case - states that a fact is more or less likely
2. Must be necessary to assist the trier of fact
3. Must not violate any rules of exclusion
4. Must be provided by a qualified expert
- Experts must be independent and impartial
