Expert Testimony midterm

A comprehensive set of flashcards covering key concepts related to expert testimony, legal standards, and the intersections of psychology and law.

Expert Testimony

Testimony provided by someone with specialized knowledge to assist the trier of fact in understanding evidence.

Admissibility

The capability of evidence to be presented in a court of law, determined by the judge.

Gatekeeper

The judge's role in screening expert testimony to ensure its relevance and reliability.

Frye Standard

An admissibility standard requiring that scientific testimony be based on principles that have gained general acceptance in the relevant field.

Daubert Standard

A more flexible standard than Frye, allowing judges to consider multiple factors in determining expert testimony admissibility.

Falsifiability

The ability of a theory to be disproven by evidence.

Expert Witness

A qualified individual who provides testimony based on specialized knowledge.

Junk Science

Evidence or testimony based on unreliable or unproven scientific methods.

Bias

A tendency to favor one side over another, potentially influencing impartiality.

Peer Review

The process of evaluating scientific work by others in the same field before publication.

General Acceptance Test

A criterion for admissibility based on whether a scientific principle has gained general acceptance in its field.

Social Framework Evidence

Expert testimony that educates jurors about broader psychological and social issues without giving opinions on the specific case.

False Confessions

Confessions made by individuals who did not commit the crime, often due to coercive interrogation tactics.

Cognitive Bias

A systematic error in thinking that affects the decisions and judgments that people make.

Tunnel Vision

The phenomenon where individuals focus on a single suspect, ignoring evidence that contradicts their theory.

Inadmissible Evidence

Evidence that cannot be presented in court due to legal rules guiding evidence admissibility.

Reliability

The degree to which an assessment tool produces stable and consistent results.

Scientific Methodology

A systematic approach to research and experimentation to ensure accuracy and reliability.

Testability

The ability of a scientific claim to be tested and potentially falsified through observation.

Known Rate of Error

The frequency with which a particular method causes incorrect results, important for assessing the reliability of expert testimony.

Expert Bias

An expert’s potential partiality that may arise when testifying, influenced by who pays for their services.

Memory Reconstruction

The process through which people recall past events, which can incorporate inaccuracies.

Confidence Intervals

A statistical range that expresses the degree of uncertainty or certainty in a sampling method.

Criminal Responsibility

The legal concept that a person must be held accountable for their actions if they are capable of understanding those actions.

Mens Rea

The mental state or intent of a person when committing a crime.

Fitness to Stand Trial (FST)

The determination of whether a defendant can understand the proceedings and assist in their defense.

Not Criminally Responsible on account of Mental Disorder (NCRMD)

A legal finding that a defendant was not responsible for their actions due to mental illness.

M’Naghten Rule

A standard for legal insanity that assesses whether a defendant knew the nature or wrongness of their actions.

Restoration of Competency

The process of making a defendant mentally fit to stand trial, which may involve treatment.

Conditional Discharge

A verdict allowing a defendant to be released under certain conditions after an NCRMD finding.

Absolute Discharge

A verdict that releases a defendant from custody completely after an NCRMD ruling.

Expert Witness Qualifications

The required education, training, and experience an individual must have to testify as an expert.

Accusatory Interrogation Techniques

Methods used during police interrogations aimed at eliciting a confession, sometimes through high pressure.

Eyewitness Testimony

Evidence provided by people who have witnessed an event, often seen as highly influential in court.

Prosecutor's Fallacy

Mistakenly equating the probability of a random match to the probability of guilt.

Defence Attorney's Fallacy

The misleading argument minimizing the significance of forensic evidence based on population statistics.

Cognitive Load

The total amount of mental effort being used in the working memory, which can affect decision-making.

Judicial Discretion

The flexibility allowed judges in making decisions regarding evidence admissibility and witness testimony.

Forensic Identification Evidence

Physical evidence comparing samples to determine if they share a common source.

Testimony Beyond Common Knowledge

Expert testimony that provides information which jurors are unlikely to know without specialized education.

Validity

The extent to which a concept, conclusion, or measurement is well-founded and likely corresponds accurately to the real world.

False Evidence Ploys

Deceptive methods used by law enforcement to elicit confessions from suspects.

Behavioral Control

The capacity of individuals to regulate their behavior in compliance with social norms.

Cognitive Control

The ability to use cognitive processes to manage decision-making and behavior.

Malingering

The intentional faking of mental illness to gain some benefit, such as avoiding legal consequences.

Memory Decay

The fading of memories over time, impacting accuracy.

Cross-Race Effect

The tendency for people to be less accurate in identifying faces of a different race.

Studies on Eyewitness Confidence

Research investigating the correlation between the confidence expressed by eyewitnesses and the actual accuracy of their identifications.

Modified Brief Instructions

Instructions adapted to reduce bias and enhance the accuracy of eyewitnesses during identification processes.

Standardized Format

Structured formats that ensure all experts present their testimony consistently.

Contextual Bias

The influence of external factors on one's perception and recollection of events.

Integrated Statements

Concluding opinions by experts that summarize how evidence applies to the case in question.

General Acceptance of Science

The widespread acceptance of scientific principles within specific fields making them admissible.

Legal Concepts vs Psychological Concepts

The differentiation between concepts that operate within legal frameworks versus those grounded in psychology.

Public Misconceptions

Common misunderstandings held by the public regarding legal and mental health concepts.

Retention Interval

The period between the initial observation of an event and the subsequent recall of that memory.

Non-Statistical Evidence

Evidence that does not rely on numerical data to support a conclusion.

Individual Differences in Testimony

Variability among individuals that affects how they recall information.

Legal Frameworks

The systems of rules and guidelines that govern the legal process and judicial outcomes.

Cognitive Impairment

Difficulties with cognitive functions impacting a person's decision-making capacity.

Witless Statements

Testimonies given by individuals who may not comprehend the seriousness or implications of their statements.

Interrogation-Related Regulatory Decline

The diminishing of a suspect's cognitive abilities due to prolonged stressful interrogation.

Eyewitness Misidentification

Inaccuracy in identifying a perpetrator which has been a leading factor in wrongful convictions.

Legal Cooperation

The collaboration between legal professionals and mental health specialists in trials.

Retribution Principle

The rationale that individuals should be punished proportionally for their crimes.

Deterrence Principle

The idea that punishment should discourage individuals from committing crimes.

Institute of Criminology

Academic bodies specializing in the study of criminal behavior and the justice system.

Judgment Errors

Mistakes made in the assessment of evidence or credibility, often due to cognitive bias.

Judicial Procedures

The established processes through which court cases are handled.

Evidence-Based Policing

Law enforcement strategies that are guided by empirical research and analysis of effective practices.

Test Collection Procedures

Methodologies employed to gather evidence, particularly in forensic contexts.

Evaluation Standards

Criteria used to assess the quality and reliability of expert testimony.

Cross-Examination Techniques

Methods employed in court to challenge the credibility and reliability of a witness's testimony.

Social Science Research

Research that examines connections between human behavior, society, and the law.

Prior Case Law

Legal precedents that inform current cases and judicial decision-making.

Outcomes of Assessments

Consequences determined after evaluating a defendant's mental state or capacity.

Pejorative Labels

Negative or derogatory terms that may influence perceptions of individuals, particularly in legal contexts.

Test Protocols

Systematic approaches used to evaluate a specific aspect of an accused's legal standing.

Clinical Assessments

Evaluations conducted to understand an individual's mental health in relation to criminal responsibility.

Contemporary Legal Practices

Modern approaches and methods used within the legal system.

Expert Disclosure Forms

Documents detailing the qualifications and opinions of an expert witness.

Legal Framework for Mental Health

The laws and regulations that govern the interaction between mental disorders and legal accountability.

NCRMD Outcomes

The possible judgments made in cases where defendants are found to be not criminally responsible.

Psychological Evaluation

Assessment carried out by a mental health professional to determine an individual's mental state.

Forensic Contexts

Circumstances related to legal proceedings that require expert assessments.

Regulatory Review Boards

Panels that evaluate the fitness and status of individuals found NCRMD.

Judicial Outcomes

The final decisions made by judges regarding cases and legal arguments presented.

Restorative Justice Principles

The focus on repairing harm and rehabilitating offenders rather than punitive measures.

Public Perception Management

Strategies used to influence how the public views legal and mental health interactions.

Systematic Reviews

Comprehensive analyses of numerous studies relating to a specific topic.

Expert Witness Reliability

The dependability and credibility of experts when providing testimony in court.

Prosecution and Defense Strategies

Tactics employed by both sides in a legal contest to achieve their objectives.

Legal Ethics

Standards governing the conduct of legal professionals.

Testimonial Integrity

The honesty and clarity of statements made by witnesses in legal proceedings.

Expert Testimony Influence

The effect that an expert's testimony has on a jury's decision-making.

Admissibility Challenges

Objections raised concerning whether certain evidence should be allowed in court.

Factors in Expert Decision-Making

Criteria that guide expert witnesses in advising on legal issues.

Cognitive Load Management

Strategies to assist jurors in processing complex information in court.

Scientific Discourse

Communication involving scientific concepts, often necessary in legal contexts.

Skepticism in Legal Testimony

A critical approach toward accepting evidence at face value without verification.