forensic psych midterm

What does 'forensic' refer to?

Matters that pertain to the courts or law.

How is forensic psychology defined broadly?

Psychology's involvement with legal matters.

How is forensic psychology defined narrowly?

The application and practice of psychology in the legal system.

When can confidentiality be broken in forensic psychology?

When the patient is a danger to themselves or others.

Name a setting where forensic psychologists work.

Forensic hospitals, court clinics, mental health centers, jails, juvenile treatment centers, private practice, or academia.

What are the requirements to become a forensic psychologist?

A doctoral degree in clinical psychology, licensure as a psychologist, and knowledge of forensic psychology.

How does forensic psychology differ from clinical psychology?

Forensic psychologists share information with various parties, while clinical psychology is completely confidential.

What is involved in a forensic evaluation?

Clinical interviews, archival data, collateral data, and testing.

What types of information are gathered in a clinical interview?

Education, family history, medical history, drug/alcohol use, and life information.

What is the MMPI?

A personality assessment used to determine different diagnoses and treatment options.

What is the highest appellate court in the U.S.?

The Supreme Court.

What are the four stages of the judicial process?

Pretrial, trial, disposition, and appeal.

What is the role of an expert witness?

To give opinions that assist the trier of fact based on specialized knowledge.

What is the confidentiality issue in court settings?

Confidentiality is not absolute; results of evaluations are shared among the judge and lawyers.

What does 'ultimate issue testimony' refer to?

Testimony that addresses the ultimate issues in a case, including pros and cons.

What is the final question that must be decided by the court regarding psychologists?

There is a lack of consensus about whether psychologists should testify on ultimate issues.

What are some key strategies for surviving the witness stand?

Prepare well, use simple language, know the traps, dictate the pace, watch body language, and acknowledge limitations.

What does the APA ethics code distinguish between?

Aspirational principles and specific ethical standards.

What are the five general principles of the APA ethics code?

1) Beneficence and nonmaleficence, 2) Fidelity and responsibility, 3) Integrity, 4) Justice, 5) Respect for people's rights and dignity.

What are the general standard sections of the APA ethics code?

1) Resolving ethical issues, 2) Competence, 3) Human relations, 4) Privacy and confidentiality, 5) Advertising and other public statements, 6) Record keeping and fees.

What must forensic psychologists conform to?

Relevant general and area-specific standards.

What is privileged communication?

Communications that take place in a protected relationship, where information cannot be disclosed without consent.

What is the doctrine of informed consent?

Therapists must obtain consent from competent individuals before treatment in nonemergency situations to avoid liability.

What is a forensic referral question?

It helps inform a legal decision maker or assist an attorney in making an argument about a legal decision.

What are some challenges faced by forensic psychologists?

1) Translating legal constructs, 2) Primary allegiance to the legal process, 3) Conveying results effectively.

What are the relevant domains in forensic psychology?

Law, ethics, science, and practice.

What is a key principle of forensic mental health assessment?

Be aware of the important differences between clinical and forensic domains.

What should forensic evaluators do regarding their area of expertise?

Accept referrals only within their area of expertise and decline referrals when impartiality is unlikely.

What is important in data collection for forensic evaluations?

Review background information and use multiple sources of information.

What should be ensured during the evaluation conditions?

Conditions should be quiet, private, and distraction-free.

What should forensic evaluators do regarding potential bias?

Control potential evaluator bias through monitoring case selection and consultation.

What is the purpose of forensic interviewing?

To gather information while ensuring the safety of both evaluator and evaluee.

What is the recommended interview style in forensic evaluations?

Use open-ended questions and maintain a neutral attitude.

What should be included in the content of forensic evaluations?

Criminal evaluations, civil evaluations, special assessment issues, personal history, and mental status.

What types of evaluations fall under criminal evaluations?

Juvenile cases, competency to stand trial, criminal responsibilities, and sex offender risk assessments.

What is important in report writing for forensic evaluations?

Use plain language and avoid technical jargon.

What should forensic evaluators do when unable to conduct a personal examination?

Make earnest efforts to ensure their statements clearly note the lack of personal examination and its limitations.

What is the role of psychological tests in forensic assessments?

They should have a sound theoretical and psychometric basis.

What is the main question regarding psychologists testifying in court?

There is a lack of consensus about whether psychologists should testify on the ultimate issue.

What should psychologists do to prepare for the witness stand?

Prepare well, use simple language, know the traps, dictate the pace, watch body language, and acknowledge limitations.

What is the APA ethics code?

Initially aspirational with general guidelines; the 1992 revision made a clear distinction between aspirational principles and specific ethical standards.

Name the five general principles of the APA ethics code.

1) Beneficence and nonmaleficence, 2) Fidelity and responsibility, 3) Integrity, 4) Justice, 5) Respect for people's rights and dignity.

What are the general standard sections in the APA ethics code?

1) Resolving ethical issues, 2) Competence, 3) Human relations, 4) Privacy and confidentiality, 5) Advertising and other public statements, 6) Record keeping and fees.

What is the purpose of a forensic referral question?

To inform a legal decision maker or help an attorney make an argument about a legal decision.

What is a key principle in forensic mental health assessment?

Be aware of the important differences between clinical and forensic domains.

What should be done when preparing a forensic case?

Identify relevant forensic issues, accept referrals within expertise, clarify the evaluator's role, and avoid dual roles.

What should be considered in data interpretation during forensic evaluations?

Use third-party information, apply scientific reasoning, and carefully consider the ultimate legal question.

What are key elements of report writing in forensic evaluations?

Attribute information to sources, use plain language, and structure the report according to model and procedures.

What is the recommended interview style in forensic interviewing?

Use open-ended questions, maintain a neutral attitude, and be aware of countertransference.

What are civil evaluations in forensic psychology?

Child custody, emotional damages, disability assessments, and civil competencies.

What is an important consideration in mental status evaluations?

Assess appearance, mood, speech, thought content, perception, cognition, and insight.

What should evaluators do to control potential bias?

Monitor case selection, engage in continuing education, and consult knowledgeable colleagues.

What is the significance of the APA's enforcement of ethical standards?

The 1992 revision allows for enforcement of specific ethical standards by the APA and other organizations.

What is the importance of clarity in forensic evaluations?

To ensure findings and limits are clearly described, minimizing changes under cross-examination.

What should evaluators do if a personal examination is not feasible?

Make earnest efforts to ensure statements and opinions clearly state the lack of personal examination.

What is the difference between reliability and validity in testing?

Reliability refers to the consistency of a measure, while validity assesses whether the measure accurately reflects the construct it is intended to measure.

What should testing results be corroborated with?

Archival or third-party data.

What is unstructured judgment in risk assessment?

Subjectively selecting and weighing risk factors based on clinical judgment.

What is structured professional judgment?

An approach where experts consider evidence-based factors with specific guidelines.

What are actuarial measures?

Fixed decision rules using algorithms to combine data for decision-making.

What are clinical assessment measures?

Tools developed for the assessment, diagnosis, and treatment planning of non-forensic populations.

What are forensically relevant instruments?

Instruments not specifically developed for legal issues but relevant to individuals in legal situations, addressing constructs like psychopathy and risk for violence.

What are forensic assessment instruments?

Tools developed to address specific legal issues related to psycholegal capacities or knowledge.

What is malingering?

The intentional production of false or grossly exaggerated physical or psychological symptoms motivated by external incentives.

What are some signs of malingering?

Marked inconsistencies, improbable psychiatric symptoms, overly dramatic behavior, and evasiveness.

How can malingering be detected?

Through observations, records, collaterals, and testing.

What is the history of the insanity defense in England?

In 1581, it was established that a madman could not be held responsible for crimes due to lack of understanding.

What is the 'wild beast test' from 1724 England?

A defendant could be deemed not responsible if they lacked sanity to the extent of understanding their actions like an infant or wild beast.

What is the difference between competency and sanity?

Competency refers to the mental state during legal proceedings, while sanity refers to the mental state at the time of the crime.

What is the M'naghten standard?

A legal standard stating that a defendant must be unable to understand the nature of their act or know it was wrong due to mental illness.

What does the irresistible impulse defense address?

It considers whether a defendant could control their conduct despite knowing it was wrong.

What is the significance of the case Durham v.?

It established a legal precedent regarding the insanity defense, focusing on the ability to control behavior.

What is the TOMM test used for?

It is a test designed to detect malingering.

What does the M-FAST assess?

It is a screening tool for malingering in forensic settings.

What is the SIRS-2 used for?

It is an instrument for assessing the validity of self-reported symptoms in forensic evaluations.

What is the MMPI-2?

The Minnesota Multiphasic Personality Inventory-2, used for psychological assessment and detecting malingering.

What is the PAI?

The Personality Assessment Inventory, used to evaluate personality and psychopathology.

What is the role of collateral information in malingering assessment?

It provides additional context and verification of the evaluee's claims and behaviors.

What is a common misconception about the insanity defense?

That it is overused and only applied to heinous crimes.

What is the typical history of defendants found Not Guilty by Reason of Insanity (NGRI)?

They often have a history of hospitalizations and serious mental illness.

What is the standard for criminal responsibility regarding mental disease or defect?

An accused is not criminally responsible if their unlawful act was the product of mental disease or defect.

What is proximate causation in the context of insanity defense?

Proximate causation means the criminal conduct is caused by the mental disease or defect.

What distinguishes a mental disease from a mental defect?

A mental disease is a condition that can improve or deteriorate, while a mental defect is a condition that cannot improve or deteriorate.

What is the Durham insanity defense?

The Durham insanity defense states that a not-guilty verdict is reached if mental disease or defect causes criminal conduct.

What does the ALI standard/model penal code define as substantial capacity insanity?

It states that a mental disease or defect of the mind plus a lack of substantial capacity to appreciate criminality or conform conduct to the law results in a not-guilty verdict.

What impact did the Hinckley case have on insanity defense statutes?

34 states and the federal government changed their insanity defense statutes within 2.5 years after the verdict, with most moving to the M'Naghten standard.

What is the Insanity Reform Act of 1984?

It enacted changes to the insanity defense, requiring defendants to prove insanity by clear and convincing evidence and eliminating the volitional prong.

What are the criteria for an affirmative defense under the IDRA?

A defendant must show that, due to severe mental disease or defect, they were unable to appreciate the nature or wrongfulness of their acts.

What challenges exist in determining insanity?

Insanity is a legal concept that varies by jurisdiction and requires retrospective assessment of the person's mental state at the time of the offense.

What methods are used to assess criminal responsibility?

Methods include clinical interviews, police reports, hospital records, witness statements, psychological tests, and collateral interviews.

What is the cognitive prong in insanity evaluations?

It assesses whether the individual thought their behaviors were illegal or wrong.

What does volitional impairment refer to in the context of insanity?

It refers to the capacity to make choices and regard for apprehension.

What happens to defendants adjudicated Not Guilty by Reason of Insanity (NGRI)?

They are hospitalized and may face indefinite commitment if sufficient mental illness is proven.

What are some other defenses related to criminal conduct?

Other defenses include PTSD, automatism (sleepwalking), battered woman syndrome, substance abuse disorders, dissociative disorders, duress, and extreme emotional disturbance.

What is the significance of the burden of proof in insanity cases after the IDRA?

The burden is on the defendant to prove insanity by clear and convincing evidence, rather than on the prosecution to prove sanity beyond a reasonable doubt.

What states abolished the insanity defense after the Hinckley case?

Idaho, Kansas, Montana, and Utah abolished the insanity defense.

What is the role of the Rogers Criminal Responsibility Assessment Scales?

It evaluates psychopathology, reliability of reports, and cognitive and behavioral control.

What is the Mental State at the Time of the Offense Screening Evaluation?

It assesses whether the defendant was clearly not or obviously insane at the time of the offense.

What does the term 'GBMI' stand for?

GBMI stands for 'Guilty But Mentally Ill.'

What is the legal definition of 'insanity'?

Insanity is a legal concept that varies by jurisdiction and relates to a defendant's mental state at the time of the offense.