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Flashcards covering key terms and concepts from the Forensic Psychology lecture notes, focusing on the dilemmas within the legal system, the role of psychology, and legal standards for expert testimony.
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Second Dilemma - equality vs discretion
The conflict between Equality (same sentence for same crime) and Discretion (evaluating each situation individually) in the legal system.
Equality (in legal system)
The principle that similar crimes should receive similar sentences, ensuring 'all men are created equal'.
Discretion (in legal system)
The ability of legal system actors (police, attorneys, judges) to make decisions about whom to stop, prosecute, and how long they should serve, potentially leading to sentencing disparity.
Sentencing Disparity
Unequal sentences for similar crimes, often influenced by bias, and a potential issue arising from the use of discretion in the legal system.
Third Dilemma- discovering the truth vs resolving the conflict
The conflict between Discovering the Truth and Resolving Conflicts efficiently within the criminal justice system.
Plea Bargaining
A process of 'settling before trial' where a defendant takes a guilty plea for a lesser sentence, an example of prioritizing conflict resolution/efficiency over always discovering the full truth in court.
Fourth Dilemma- science vs law
The inherent differences and conflicts between the approaches and goals of Science and Law.
Amicus Brief
Scientific information packaged by scientists to inform a court of research, helping it make informed decisions.
Scientific Method
A process psychology strives for, involving asking a question, stating a hypothesis, conducting an experiment, analyzing results, and making a conclusion, aiming for objectivity.
Case Law
Precedent/established laws derived from old cases that the legal system looks toward for guidance when confronted with a new case.
Basic Psychological Scientist
A psychologist primarily interested in scientific advances, focused on basic research typically in academic settings.
Applied Psychological Scientist
A psychologist whose primary interest is to conduct research that can inform real-world problems.
Expert Witness
Someone who has knowledge about a particular subject beyond the scope of the average person, providing specialized testimony in court.
Frye v. United States (1923)
A federal law regarding admissibility of expert testimony, stating that scientific evidence must have general acceptance in the scientific community to be admitted.
Daubert v. Merrell Dow Pharmaceutical, Inc. (1993)
A Supreme Court ruling that judges play a 'gatekeeper' role, evaluating potential expert testimony by standards of scientific knowledge based on factors like testability, peer review, error rates, and general acceptance.
Forensic Evaluator
A forensic psychologist or clinician who evaluates individual defendants for issues such as competence to stand trial, insanity at the time of the crime, risk assessment, and rehabilitative qualities.
Trial Consultant
A professional retained by counsel to assist with aspects like jury selection, mitigation evidence, identifying trial strategies, and evaluating evidence.
Tarassoff v. Regents of the University of California (1976)
A landmark court case that established the 'Duty to Warn' and 'Duty to Protect' for psychologists when a client discloses potentially harming information.
Duty to Warn / Duty to Protect
A legal and ethical obligation for psychologists to notify authorities if a client discloses information indicating they intend to inflict harm on others or reveal knowledge of child abuse, overriding client confidentiality.