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Forensic Psychology > Week 1 > Flashcards

Week 1 Flashcards

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1
Q

First Forensic Psychology study

A

1985 James Catel
- Recollection of past events
- often inaccurate
- Low correlation between accuracy and confidence

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2
Q

First Study on suggestibility

A

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

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3
Q

Def: Forensic Psychology

A

A field of psychology that deals with all aspects of human behaviour as it relates to the law or legal system

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4
Q

Clinical Forensic Psychologist

A

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

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5
Q

What types of questions do clinical psychologists answer?

A
  • 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
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6
Q

Experimental Forensic Psychologist

A

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

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7
Q

Legal Scholar

A

Someone who conducts research and has a law degree

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8
Q

Psychology and the law

A
  • Using psychology to study the operation of the legal system
  • Are current operations effective and valid
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9
Q

Psychology in the law

A
  • Using Psychology within the legal system as it currently operates
  • Relay of psych knowledge to you for use (psychologist to authority)
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10
Q

Psychology of the law

A
  • The use of psychology to study the law itself
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11
Q

Witness

A

Can testify about what they directly observe

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12
Q

Expert Witness

A

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

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13
Q

America’s First Expert Witness

A

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

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14
Q

Challenges of being an expert witness

A

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

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15
Q

What are the 7 differences between psychology and the law?

A
  • Epistemology
  • Goals
  • Knowledge
  • Methods
  • Criterion
  • Principles
  • Court Behaviour
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16
Q

Differences in epistemology between psychology and the law

A

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

17
Q

Differences in Goals between law and psych

A

LAW
- Tells people how to behave
- Provides punishment
PSYCH
- Describe how and why people behave the way they do

18
Q

Differences in Knowledge between law and psych

A

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)

19
Q

Differences in Methods between law and Psych

A

LAW
- Constructing compelling narratives that are consistent with the law
PSYCH
- Empirical, want to replicate results (the scientific method)
- Consider cofounding variables

20
Q

Differences in criterion between Law and psych

A

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

21
Q

Differences in principles between law and psych

A

LAW
- Tries to make one explanation the best reason for events
PSYCH
- Exploratory approach, considers multiple explanations (not only one truth)

22
Q

Differences in court behaviour between Law and Psych

A

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)

23
Q

General Acceptance Test

A

Expert testimony will be admissible if the basis of the testimony is generally accepted within the relevant scientific community

24
Q

What are the 2 major criticisms of the general acceptance test?

A
  1. Vagueness of terms “general acceptance”
    - Lots of topics experts don’t agree on
    - No Standard
  2. Whether trail judges can make this determination
    - Judges may not know what is generally accepted in a certain scientific field
25
Q

Daubert v. Merrell Dow Pharmaceuticals

A
  • 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
26
Q

Daubert Criteria

A
  1. Research has been peer reviewed
  2. Research is testable
  3. Research has recognized rate of error
  4. Research adheres to professional standards
27
Q

Mohan Criteria

A

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

Forensic Psychology (11 decks)

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