Forensic Psychology: Civil Litigation, Courtroom Consultation, and Criminal Competencies

Comprehensive practice flashcards reviewing forensic psychology principles across civil law, child custody standards, expert testimony and trial consultation, adjudicative competence, the insanity defense, and violence risk assessment.

What is the primary ethical restriction placed on a forensic family psychologist evaluating individuals for legal proceedings?

A forensic family psychologist is ethically bound not to provide psychological treatment to the person or persons they are evaluating for legal purposes.

What were the core statutory conditions established under Louisiana's 1997 covenant marriage law?

The law requires entering an agreement that marriage is a lifelong relationship, legally committing to marital counseling if difficulties arise, and restricting divorce to specific fault grounds (adultery, felony resulting in hard labor or death, abandonment for $1$ year, physical or sexual abuse) or extended living apart ($2$ years, or $1$ to $1.5$ years following legal separation).

What is the dominant legal standard governing child custody decisions in all U.S. states and the District of Columbia?

The best interest of the child (BIC) standard, which holds that parents' legal rights are secondary to what is best for the child.

What is a deposition

Potential witness questioned by attorney for opposing side and under oath

What is the approximation rule in child custody litigation, and what major criticism has been leveled against it?

It directs the court to allocate custodial arrangements in a manner that closely approximates the past caretaking involvement of each parent; its main criticism is that it fails to account for a child's changing developmental needs.

What evidentiary standard is legally required before a court can permanently terminate parental rights?

Clear and convincing evidence showing that the parent or parents are unfit to care for the child.

What are the four essential legal elements a plaintiff must establish in a tort claim?

Duty, breach, harm, and causality.

What do Federal Courts handle

Federal laws, disputes between states and certain other cases under federal jurisdiction

Under Addington v. Texas (1979), what standard of proof must be satisfied for involuntary civil commitment of an individual with mental illness?

Clear and convincing evidence that the individual is mentally ill and in need of treatment (in contrast to intellectual disability commitment, which may be established by a preponderance of the evidence).

what do State courts handle

State laws and family court cases

What role does the trial judge serve regarding scientific evidence under the Daubert standard?

The trial judge acts as a gatekeeper responsible for assessing the scientific validity, methodology, and relevance of expert testimony before admitting it into court.

What distinguishes a challenge for cause from a peremptory challenge during jury selection (voir dire)?

A challenge for cause requires stating a specific legal reason demonstrating that a prospective juror is biased or unqualified, whereas a peremptory challenge permits an attorney to remove a juror without stating any reason.

In criminal discovery, what is the difference between exculpatory evidence and inculpatory evidence?

Exculpatory evidence favors the defendant by indicating innocence or reducing criminal responsibility, whereas inculpatory evidence supports guilt or legal liability.

What is jurisdiction

Court legal authority to hear a particular case

What is geographical jurisdiction

Authority based on the location where the crime or dispute occurred

How do static risk factors differ from dynamic risk factors in violence risk assessments?

Static risk factors are historical variables that cannot change (e.g., age of first offense, history of violence), whereas dynamic risk factors are changeable characteristics (e.g., mood swings, attitudes, substance use).

What is the difference between stable dynamic and acute dynamic risk factors?

Stable dynamic factors change slowly over time (such as antisocial attitudes or association with deviant peers), whereas acute dynamic factors change rapidly and unexpectedly (such as anger outbursts, mood swings, or alcohol and drug intoxication).

What is appellate jurisdiction

Authority to review decisions made by lower court

What are the two prongs of the competency to stand trial standard established in Dusky v. United States (1960)?

The defendant must possess a factual and rational understanding of the proceedings against them, and have the ability to consult with and assist their defense counsel with a reasonable degree of rational understanding.

What did the Supreme Court rule in Jackson v. Indiana (1972) regarding criminal defendants found incompetent to stand trial?

An incompetent defendant cannot be committed to an institution indefinitely if there is no substantial probability that they will attain competency in the foreseeable future.

What limit did Cooper v. Oklahoma (1996) place on state statutes concerning the burden of proof for competency to stand trial?

The burden of proving incompetence placed on a criminal defendant cannot be set higher than a preponderance of the evidence.

Under Sell v. United States (2003), when may the government involuntarily medicate an incompetent defendant to restore trial competency?

Involuntary psychotropic medication is subject to stringent constitutional review, and nonviolent, nondangerous defendants generally may not be medicated against their will solely to restore competency.

What did the Supreme Court establish in Indiana v. Edwards (2008) regarding self-representation?

A state court may constitutionally deny the right of self-representation (pro se) to a defendant who suffers from a mental disorder but has still been found competent to stand trial.

What is the main role of a forensic psychologist in the legal system

Consulting with attorneys, evaluating individuals, conducting research, assisting with jury selection, preparing witnesses, and providing expert testimony

What is the primary diagnostic application of the Structured Interview of Reported Symptoms (SIRS)?

It is a validated structured clinical instrument used to detect the malingering of psychotic symptoms.

What is the fundamental legal and temporal difference between competency to stand trial and criminal sanity?

Competency evaluates a defendant's present mental abilities during court proceedings, whereas sanity (criminal responsibility) evaluates their mental state and culpability at the time the offense was committed.

How did the federal Insanity Defense Reform Act (IDRA) restrict the criteria for an insanity defense?

It eliminated the volitional prong (the inability to conform conduct) and restricted the defense solely to whether the defendant, due to a severe mental disorder, lacked the capacity to appreciate the wrongfulness of their acts.

What is the difference between civil and criminal cases

Civil cases resolve disputes between parties, while criminal cases involve alleged violations of criminal law and potential punishment

What is trial court

A court that hears evidence, determines facts, and applies the law to decide a case

What age restrictions on capital punishment were established by Thompson v. Oklahoma (1988) and Roper v. Simmons (2005)?

Thompson v. Oklahoma prohibited executing offenders who were under $16$ years of age at the time of the crime, and Roper v. Simmons barred capital punishment for offenders under $18$ years of age.

What is certiorari

An order by a higher court agreeing to review a lower court’s decisions

What false-positive rate is associated with the Competency Screening Test (CST)?

The CST has a high false-positive rate of $53.3\%$, frequently classifying competent defendants as incompetent.

What is arraignment

A court proceeding in which charges are presented and the defendant typically eneter a pleas

What is a challenge for cause

A request to remove a prospective juror because of a legally sufficient reason such as bias

What is the difference between a bench trail and Jury trial

Bench trial decided the case and jury trial juror decide the facts and verdict

What is the frye standard

A standard focusing on whether a scientific method or principle has gained acceptance in its relevant field

What is the difference between Frye and Daubert standard

Frye is general acceptance and Daubert allows broader assessment of reliability and revelance

What is forensic risk assessment

the likelihood of a specified future outcome such as violence or reoffending

What is competency to stand trial (CST)

Whether a defendant can understand the legal proceedings and assist their attorney in their defense.

What is the Dusky standard

to determine if a defendant is mentally competent to stand trial

What happens when a defendant is found incompetent to stand trial?

Efforts may be made to restore competency, often in a forensic psychiatric hospital.

What happens to a court-ordered competency evaluation report?

it is shared with all parties

What is the MacCAT-CA?

The MacArthur Competency Assessment Tool–Criminal Adjudication; a 22-item instrument assessing understanding of legal proceedings.

What is malingering?

Intentionally faking or exaggerating symptoms for an external benefit.

What is the SIRS?

The Structured Interview of Reported Symptoms, an instrument used to detect malingering of psychotic symptoms.

What is mens rea?

The guilty mind or required mental state associated with a crime.

What is indeterminate sentencing?

A sentencing system that provides a range of possible time in prison, historically associated with rehabilitation.

what is challenge for cause

a request to remove a potenial juror for a legally sufficent reason and b ias

What is rational understanding

understan ding the proceedin gs meaningfully and being reason about them

What is the MacCAT-CA?

An assessment tool for abilities relevant to competency to stand trial; 22 items

What is the ECST-R?

An instrument relevant to evaluating competency and possible response styles, including malingering concerns.

What is competency restoration?

Efforts to help a defendant regain the ability to participate in court proceedings.

What is mens rea?

The legally relevant mental state or intent associated with an offense.