CH 1: Intro to forensic psychology

What is the estimated cost of crime in Canada?

31.4 billion

How do crime rates in Canada compare over time and internationally?

Crime rates and crime severity indexes in Canada have generally been declining over time.

Compared internationally, Canada ranks relatively low on global crime indexes when contrasted with many other countries, indicating lower overall levels of crime.

What types of crimes are measured in Canada?

Includes violent crime, property crime, and other Criminal Code violations.

What is shown about Saskatchewan crime data?

Crime rates vary by region, with remote areas showing different higher patterns than cities in the province overall.

What are the key features of Canadian criminal law?

• Canada’s criminal law is based on British common law (except in Quebec).

• Courts follow stare decisis, meaning judges follow past court decisions.

• All laws must follow the Constitution Act (1867).

• The Criminal Code of Canada is controlled by the federal government.

What is common law ?

Law based on judicial precedent governing relationships between people and property.

How is forensic psychology defined?

• Narrow definition: Clinical focus (assessment, treatment), excludes research

• Broad definition: Human behaviour in relation to the legal system

What are the three main roles of forensic psychologists?

• Clinician: A licensed psychologist (concerned with mental health) who assesses, treats, and evaluates individuals involved in the legal system and may provide expert testimony.

• Researcher: A PhD-trained psychologist who studies & evaluates psychological issues related to law, such as eyewitness memory, juror decision-making, and offender treatment.

• Legal Scholar: A specialist who analyzes mental health law, legal policy, and legislation and may consult on legal reform.

Who is considered the father of forensic psychology?

Hugo Münsterberg — promoted psychology’s application to law despite legal resistance.

He wanted people to be skeptical of witnesses HOWEVER when issuing his argument he INSULTED the legal system thus placing a set back in the recognition of forensic psychology in the law.

What is psychology AND the law?

Psychology and law operate as co-equal systems, using psychological research to analyze and improve legal practices.

What is psychology IN the law?

Psychology serves the legal system; law dictates how psychological input is used.

What is psychology OF the law?

Psychology studies the law itself as a subject of scientific inquiry.

What causes tension between law and psychology?

• Goals: truth vs justice

• Methods: rulings vs data

• Style: advocacy vs objectivity

How do law and psychology differ in goals?

Law aims for clear decisions and justice (guilty vs. not guilty), while psychology seeks understanding and truth based on probabilities.

Law is rule-based and reactive, whereas psychology is explanatory and proactive.

How do the methods of law and psychology differ?

Law relies on precedent court rulings, and deduction, focusing on individual cases

while psychology relies on empirical data and induction, aiming to find patterns across many cases.

How do law and psychology differ in style of inquiry?

Law is adversarial ( with opposing sides arguing for outcomes) whereas psychology is objective and experimental, testing hypotheses to discover truth

What are the Mohan criteria for expert witnesses?

• Relevance

• Necessity

• Probative ( helpful ) value > prejudicial ( harmful ) value

• Expert credentials

• Reliability & impartiality.

What is Voire Dire ?

Before the expert testifies, the judge holds a voir dire (a mini-hearing) to decide if the mohan criteria are met.

Why might courts resist psychological evidence?

• Concerns about changing science

• Worries about objectivity

• Uncertainty about scientists’ role in legal decision-making

How do adversarial and inquisitorial systems differ?

Adversarial System (Canada):
Lawyers present opposing cases, experts are hired by each side, and a neutral judge or jury decides the outcome.

Inquisitorial System (Civil Law):
Judges actively investigate the case, appoint neutral experts, and focus on discovering the truth.

Why Psychology Gets “More Respect” in Inquisitorial Systems ?

• Experts are court-appointed → seen as more neutral

• Less pressure to argue for one side

• Psychology is used for illumination, not advocacy

Who do psychologist work with in the criminal justice system?

overall everything including:

• victims

• justice personal

• legal professionals

• inmates & offenders.

What roles do forensic psychologists perform when working with inmates and offenders?

Forensic psychologists in correctional settings primarily provide:

• Assessment ( most common )

• Treatment

• Crisis intervention

• Program development, delivery, and evaluation

How do psychologist influence the Law ?

Amici briefs

Expert Testimonies

Education

Publication

What are amici briefs and their impact?

“Friends of the court” briefs summarizing relevant psychological research to inform courts and policymakers.

• Influence trial outcomes

• Change legal procedures

• Trigger reviews of past cases

What are the different types of expert witnesses in forensic psychology?

• Conduit-educator: Presents objective, research-based psychological knowledge to help the court understand an issue.

• Philosopher-advocate: Interprets evidence through personal values or theoretical perspectives, which may shape conclusions.

• Hired-gun: Tailors testimony to support the side that hired them, often at the expense of objectivity.

What does an expert witness do?

• Helps the court understand complex issues

• Provides professional opinions beyond lay testimony

How else does psychology influence law through education?

Psychology influences law through cross-disciplinary education. Meaning teaching legal professionals about psychological research and teaching psychologists and students about legal principles and processes.

How does psychology influence law through publication?

Psychology influences law by publishing and disseminating research through professional journals, popular media, and continuing education, which can shape legal practices and decisions (e.g., cases like Tarasoff v. Regents).