PSY 476 study guide

Test 1

Forensic Psychology

Divided by research and clinical work. Uses psychological science and clinical skills to help courts, judges, lawyers, and law enforcement understand the human and mental health side of legal cases.

Forensic psychology (Research)

Scientific study of how the human mind, behavior, and legal system interact. Runs studies to know how legal and psychological processes actually work.

Hugo Munstenberg (1905)

Researcher in forensic psy. Connected psychology with the legal system. Wrote “On the Witness Stand,” showcasing that eyewitness testimony and memory aren’t reliable. Memory is constructed

Brown v. board (1954)

First time US Supreme Court explicitly cited psychological research and social science data to influence a constitutional ruling.

Kenneth Clarke’s Doll Study

Quoted in Brown v Board to demonstrate that racial segregation inflicted severe psychological damage. e.g. inferiority feelings, low self-esteem, etc.

Ballew v Georgia (1978)

Involved a five-person jury in a criminal case. Court decided five jurors is not enough for that type of trial. Minimum 6 for criminal trial.

Forensic psychology (clinical)

Uses mental health skills such as diagnosing illnesses, conducting psy tests, and providing therapy to help courts/legal systems understand person’s state of mind.

William Healy (1909)

Established the first mental health clinic for juveniles. Clinical psy.

People v. Hawthorne (1940)

Allow psychologists on the stand to testify. Actual expert knowledge and expertise were more important than a medical degree. Clinical.

Jenkins v US (1962)

Federal case. Jenkins raised insanity defense. Psychologist said he was schizophrenic. Ruling qualified clinical psychologists as competent to testify as expert witnesses on mental diseases without MD.

Hidden v MLI CO. (1954)

Appellate case. Established that qualified clinical psychologists could testify as expert witnesses on a person’s mental condition/competence.

Employee Assistance Program (EAPs)

Began in the 1940s primarily as occupational alcoholism programs designed to combat high rates of alcoholism and its impact on productivity during WWII. To keep them working.

Law

Aims to regulate behavior, establish social order, and enforce rules through statutory codes, precedents, and categorical decisions (guilty/not guilty).

Legal system as adversarial

Two opposing sides present their argument and question each other’s evidence.

Tort

A civil wrong that causes someone to suffer loss, injury, or harm, making the person who committed the act legally responsible. E.g., being sued for defamation. Compensation is $$. Civil court.

Intentional tort

Someone acts on purpose to cause harm. E.g., defamation, assault, battery, etc. Psychology assesses harm made for compensation.

Unintentional tort (negligence)

Someone acts carelessly or fails to use normal care, and someone gets hurt. E.g., a car accident caused by a distracted driver, medical malpractice, slip & fall on wet grocery store. Psy assesses.

Personal injury lawyer

Psychologist works with them to assess the individual affected and get money from mental damages.

Juveniles

A person is legally considered a juvenile until their 18th birthday. Psychologists help assess the mental status of juveniles. They help with waiver/transfer hearings by considering whether to transfer a minor to adult court.

Juveniles: 0 to 7

Presumption of incapacity. No crimes can be committed or charged, as there is no criminal responsibility.

Juveniles: from 7 to 14

Rebuttable presumption of incapacity

Juveniles: 15 to 18

Can be considered for prison. To be treated as adult.

Age of reason

7 years old

Juvenile court

Handles cases involving minors with a primary legal focus on rehabilitation and intervention NOT punishment. There are no juries or cameras to protect youth privacy.

Psychologists in custody cases

Psychologists help courts determine what serves a child’s best interest.

Psychologists in will cases

Psychologists get involved after a person dies to see if there were outside influences or if they were mentally capable.

Competency to management affairs

An individual’s mental capacity to make sound decisions regarding their estate, property, daily living, will, etc. E.g., Norman and nursing home.

Civil deposition

Formal out-of-court interview where a witness or expert answers questions under oath.

Worker’s compensation court

Special legal setup that handles disputes between worker and insurance. Psychologists get involved when a claim involves psychological, emotional, or cognitive harm. E.g., lady faking injury.

Statute of limitation

Law that sets a maximum time limit for the defense and prosecution to initiate legal proceedings after an alleged crime. 2 years. For serious crimes there is no limitation.

Correctional Psychology

Use of psychology to understand, treat, and manage people in prisons, jails, supervision

Sexual harrasment

Can be civil and/or criminal, based on severity. E.g., assault, battery, etc. crime!

Forensic treatment

Blends psychological therapy with legal supervision, treating prisoners while maintaining public safety. The environment in prisons can make them ill. Thus, treatment is needed.

Proximate cause

The closest cause. Court limits responsibility to harms that were a reasonably foreseeable consequence of their conduct. Blame is placed on the person closest to the incident b/c of "free will." "Cut off responsibility"

Proximate cause in psychology

You consider history, not just what last occurred. You need to prove it. "Context matters"

The court

Doesn't entertain theoretical issues. Doesn't look into civil issues of a case after it is over. Case is taken to be resolved NOT deliberated. Court is pressed by time. Loyalty to the truth.

Cross-examination

Questioning of a witness by the opposing side during trial overhearing, occurs after the witness finishes initial testimony. To find the truth.

Due process (procedural)

Constitutional guarantee that the gov. must treat people fairly and follow established legal rules before taking away their life, liberty, or property. (Ensures fairness).

Beyond reasonable doubt

Higher standard of proof in criminal trial. Means evidence must be so strong and convincing that a rational person has no logical doubt that defendant committed crime.

Negligence

Failure to exercise the level of care that a reasonable person would use in similar circumstances, thus, unintentionally harming another.

Supreme court has

9 justices who are nominated by the president. They are confirmed by majority vote in US senate before taking position. (senate judiciary committee).

Senate judiciary committee

Investigates supre. court. candidate's background & holds public hearings

State court

Handles most everyday crimes and civil disputes under state law.

Municipal court

Minor issues like traffic tickets, small claims, & misdemeanors. Jail for less than 365.

Superior court

Major civil lawsuits, family law, probate, serious criminal felonies.

Appellate court

Reviews decisions and legal errors from the lower trial courts.

State supreme courts

Makes final decision on state law.

Federal court

Handles cases involving US constitution, federal laws, or disputes between citizens of diff states.

Federal District court

Court where cases begin, evidence is presented, jury/ judge give verdicts.

Courts of appeals

1st level of appeal (federal). Panel of judges review trial's decisions for legal mistakes.

Supreme court

Highest court in the US. Hears appeals from federal appellate courts & state supreme courts on federal & constitutional questions.

Criminal case

Violations of criminal laws prosecuted by state/federal gov. To punish offenses against society.

Civil cases

Private disputes between individuals, businesses, or government agencies over $$ or rights.

What is the basis of our legal system?

The constitution

The constitution

Is divided into 7 Articles and 27 Amendments.

Art. #1 of constitution

Congress (legislative branch). Represents the people and it's divided between representatives and senate.

Art. #2 of constitution

The president and vice president (executive branch). Details their roles, election rules, and duty as commander-in-chief.

Art. #3 of constitution

Supreme court (Judiciary branch). Includes lower federal courts and defines treason.

The Bill of Rights (constitution)

Amendments 1-10. Secure fundamental individual freedoms.

Pro se

Person who represents themselves in court without the help of a lawyer. They clarify unknown info/jargon.

Miranda rights

Constitutional protection by the Supreme Court in Miranda v. Arizona. Protects people from self-incrimination by having the right to remain silent.

Evidence

Proof that supports a claim. Legal process to screen data.

Rules of evidence

Has to be relevant material (significant and related to subject). Can't have emotional reaction of the jury (show too much). Can't distract jury.

Judicial notice

Legal rule that lets judge accept obvious fact as true without formal proof/witness testimony.

Eye/ear witness

Person who saw/heard the crime. Discovery.

Ami cus curiae

Friend of the court. Someone not related to the case but has expertise. knows something that can help case.

Work Product Rule

Legal rule that prevents the other side in a lawsuit from looking at private notes, research, and trial strategies that a lawyer/team puts together. Work of attorney is not "DISCOVERABLE"

Sequestration of the jury

Act of isolating jury from outside world during trial to make sure their decisions are based ONLY on what happens in courtroom. Prevents bias, inadmissible information. Tampering

Voire Dire

The process of jury selection that all jurors have. Legal process of questioning potential jurors undergo before trial to ensure fairness and no biases.

Deposition

Formal out-of-court proceeding before trial starts where a witness or party gives sworn testimony under oath.

Interrogatory

A questioning

Infamy

Being famous or well-known for something bad (a crime). E.g. Jeffrey Dahmer

Spousal privilege

Legal rule of evidence that says married couples can't be forced to testify against each other, or to disclose private communication made during marriage.

Expert v. fact witness

Expert provides specialized opinion's based on professional training, education, or scientific analysis. Fact witnesses share what they saw, heard, or experienced. Can't give an opinion of state of mind. E.g., if the person was ill.

Expert witnesses

The court will assess whether the witness possesses specialized knowledge that will help the judge/jury understand evidence. (Do not need a license).

Testimony in old law

Didn't allow these people to testify: mentally ill, kids, women, spouses, people that committed infidelity, infamous individuals. NOWADAYS it has to do with credibility.

Dying man's declaration

An exception to the hearsay rule, which blocks outside statements that can't be cross-examined, because the law assumes that a person facing final death is unlikely to lie.

Frye (1921)

If it's generally accepted in the scientific community then judge accepts as fact. Judge dues not need to understand the science.

Daubert (1992)

Judge acts as gate Keeper. Job is to keep "junk science," unproven theories, and unreliable methods out of jury room. Needs: empirical support, scientific evidence, and to be proven.

Burden of proof

Duty of a party in lawsuit/crime to present evidence and convince the judge/jury. In civil cases the person who filed lawsuit (plaintiff) holds the burden of proof. In criminal cases the state of gov (prosecution) holds it while defendant is presumed innocent.

Preponderance of evidence (Lowest bop)

Evidence shows claim is more likely than not to be true (50-51%).

Clear and convincing evidence (middle bop)

Evidence shows truth of facts to be highly probable to be true than not (70-80%). Civil or equity cases involve serious allegations such as fraud, parental rights, etc.

Beyond a reasonable doubt (highest bop)

Evidence leaves no reasonable doubt in the mind of a rational juror about defendants guilt (95-98%). No better explanation fits the facts. E.g. in criminal trials (prosecution/Defendant).

Clinical evaluation

Focuses on diagnosing and treating a patient's mental health to improve their personal well-being. People go for help, you look at their background, and believe them to be truthful. Confidential.

Forensic evaluation

Seeks to answer specific legal or administrative questions for a court, attorney, or agency. The person is not coming for help. Usually are in trouble, thus may not be truthful. Not very confidential.

Steps in Clinical evaluation

Establish a report, make a connection to patient. Informed consent. Tell them what you'll do, who you are, what your purpose is, and how it may affect them. Honesty.

Steps in forensic evaluation

Same as clinical, but person might not trust you when representing the other side. Thus, honesty is key. After a psychological evaluation, the crime is talked about. Do not try to solve/fix person. Read police report to know the truth.

Cathartic response

In forensic evaluations this is the release of pent-up emotions which may lead defendants to be truthful about crime. Tells truth but lies about the details. Tries to justify themselves.

Crime-scene staging

Altering crime scene to redirect investigation. Prof. reviewed 946 homicides/domestic homicides and 20% was staging. Darlie Routier staged murder of 2 kids.

Undoing

Also known as symbolic reversal. Occurs when a killer alters crime scene to symbolically "take back" or reverse the murder out of sudden guilt or remorse. Psychological guilt. Trying to make them look peaceful, comfortable, cared for. Michelle Londsimki (asphyxiated 6-yr old son).

Shaken baby syndrome

Severe brain injury that happens when infant is violently shaken. When done in desperation it can lead to undoing. Person tries to erase it from their mind.

Freud

Father of psychoanalytic theory. Id, ego, superego. Primitive/uncon. Rationality (what people see). "Moral compass"

Why people commit crimes (Freud)

Due to unconscious sense of guilt stemming from the Oedipus complex- Specifically repressed early childhood wishes to kill father and possess (sex. relat.) with the mother. Believed superego longed for punishment.

Nathan Leopold and Richard Loeb

After reading Crime and Punishment, they thought they were too brilliant not to get away with crime. kidnapped and murdered 14 yr old Bobby Franks. Got caught. Happens because humans are unpredictable and make mistakes.

False confession

Saul Kassin established 3 diff. types of false confessions: spontaneous, coerced, internal.

Spontaneous/voluntary FC

A random person not being investigated confesses to crime. Mostly done for recognition, fame, etc.

Coerced confession FC

Typically a response to highly stressful, exhausting, or hostile police interrogation. May use tactics that makes person think they can leave if the confess, or they just want to rest at home so they confess.

Internalized FC

Suspect actually comes to believe they committed the crime. Occurs when subject is presented false/fabricated evidence which when combined with high stress/exhaustion may lead to self-doubt.

Reid technique

Method used by police to interview and interrogate suspects, designed to break down resistance and get a confession. This is made possible due to internal & external factors.

Internal factors of Reid technique

Age, cognitive impairments (low ig), mental illness, personality traits, temp. states