PERFECT W1 PSYC3301: Introduction to Forensic Psychology and Australian Law

Forensic Psychology

Forensic Psychology is the branch of psychology that interfaces with the legal and justice systems.

Forensic

Pertaining to, connected with, or used in courts (or more generally to the legal system).

Origin of Forensic

Origin = 'forensis' - if or before the Forum (i.e. a place of assembly or a public place).

Purpose of Forensic Psychology

Reduce crime, detect crime, reduce recidivism, build better prisons, refine sentencing policy, help courts, protect children.

Branches of Forensic Psychology

Two branches: Scientific Discipline and Profession.

Hugo Munsterberg

The 'Father' of applied psychology and of Psychology-Law, wrote 'On the Witness Stand' in 1908.

Munsterberg's Contribution

Used psychology to resolve legal disputes and faced criticism for overstating psychology's capabilities.

Munsterberg's Case Example

Proved that different colored material was just due to lighting in a lawsuit.

John Henry Wigmore

Lawyer who contributed to forensic psychology, particularly on expert testimony in legal proceedings.

Wigmore's Satirical Article

In 1909, wrote a satirical article in Illinois Law review that placed Munsterberg in a mock trial.

Dark Ages of Forensic Psychology

Forensic psychology disappeared from 1930s to 1960s due to the behaviourist movement.

American Psychology-Law Society

Founded in 1969, marking a resurgence in forensic psychology interest.

Eyewitness Memory Research

Growth of research in this area during the 1970s-1990s, notably by Elizabeth Loftus on misinformation effect.

Acceptance of Psychological Testimony

Courts began to accept psychological expert testimony more regularly after Daubert v Merrell Dow Pharmaceuticals in 1993.

Similarities Between Psychology & Law

Both are concerned with predicting, controlling, and explaining behaviour.

Differences Between Psychology & Law

Law emphasises individual differences while psychology often focuses on groups.

Psychology's Focus

Psychology tends to emphasise unconscious or automatic processes.

Assumptions in Psychology & Law

Both fields make assumptions about what causes people to act the way they do.

Psychology as a Scientific Discipline

Psychology relies on statistical arguments.

Evidence in Law

Evidence for Law is in the form of accepted and workable legal processes, not empirical data.

Goals of Psychology vs Law

Psychology's goal is to understand behaviour while law's goal is to regulate it.

Types of Legal Systems

Legal systems are broadly either Inquisitorial or Adversarial.

Inquisitorial System

The court is actively involved in determining the facts of the case, typical in Roman Law or Napoleonic Code systems.

Adversarial System

The court acts as a referee, with each side using advocates to represent their party's position. Typical in common law systems —> Australia

Civil Law

Law involving resolution of disputes between parties rather than wrongdoing.

Criminal Law

The prosecution of wrongdoers for offences against the state. If found guilty, the accused can be incarcerated and fined.

Law of Contracts

A branch of civil law that governs agreements between parties.

Law of Torts

Civil wrong other than breach of contract, e.g., trespass, negligence.

Law of Property

A branch of civil law that deals with the rights and duties of individuals regarding property.

Law of Succession

A branch of civil law that deals with wills and the distribution of a deceased person's estate.

Family Law

A branch of civil law that deals with matters arising out of marriage and de facto relationships.

High Court of Australia

The highest court in the judicial system - the final court of appeal for civil and criminal matters.

Federal Court of Australia

Established in 1976 to relieve the High Court of some of its workload, consisting of 28 judges including a chief judge.

Family Court of Australia

Handles matters arising out of marriage and de facto relationships.

Supreme Court of NSW

Has unlimited original jurisdiction but primarily deals with the most serious cases.

NSW Court of Appeal

In NSW, appeals are heard by a special court of appeal.

District Courts

Intermediate courts in NSW that handle both criminal and civil cases.

Indictable Offences

More serious offences that are tried by a judge and jury.

Summary Offences

Less serious offences that are tried by a magistrate, e.g., most traffic offences.

Offences against the person

Includes murder, manslaughter, assault, sexual offences, and dangerous driving.

Offences against property

Includes larceny, robbery, blackmail, receiving stolen goods, willful damage, and forgery.

Indictable Offences Definition

Tried by a judge and jury.

Summary Offences Definition

Tried by a magistrate.

Civil Law Characteristics

Much of the civil law goes unnoticed and is not reported in media, yet constitutes a large proportion of all legal cases.

Criminal Law Characteristics

Special language applies: 'crime', punishment, prosecution, accused, conviction, guilt, innocence.

Supreme Court of NSW Criminal Cases

For criminal cases, there is a single judge and a jury of 12. Deals with murder and treason.

District Courts Criminal Cases

Criminal cases are likely to be for moderately serious offences, called indictable offences.

Local Court

In NSW, inferior court that deals with summary offences and minor indictable offences.

Magistrate

A judicial officer who deals with summary offences.

Defendant's Choice

In minor indictable offences, the defendant must be offered a choice of intermediate court or magistrate.

High Court

The highest court in Australia, established in 1901, with jurisdiction over all other courts and functions including interpreting and applying the law of Australia.

Federal Court

Considers cases from a wide range of areas including bankruptcy, corporations, industrial relations, native title, taxation, and trade practices laws.

Family Court

Separate courts in each state (except WA) that hear family law matters and appeal decisions from the Federal Circuit Court.

Federal Circuit Court

Hears disputes in less complex matters including family law, administrative law, bankruptcy, copyright, human rights, migration, industrial law, and trade practices.

Supreme Court

Separate Supreme Courts in each state or territory that sit above both District and Local Courts, dealing with serious civil and criminal cases.

District Court

Sits above Local Courts and hears appeals from the Local Court.

Trial Division

A division of the Supreme Court that deals with civil cases over $250K and serious criminal offences, typically involving jury trials.

Court of Appeal

A division of the Supreme Court that hears cases from lower courts, typically involving three or five judges.

Examples of Civil Law Cases

Custody disputes, bankruptcy, defamation, breach of contract.

Examples of Criminal Law Cases

Homicide, conspiracy, assault, property damage.

Jurisdiction of High Court

To interpret and apply the law of Australia and decide cases of special federal significance.

Binding Decisions

Decisions made by the Full Court in the Federal Court and Family Court are binding to judges in the Federal Circuit Court.

Family Matters in WA

All family matters are heard in the State Court.

Jury Trials in Supreme Court

Most Supreme Courts conduct jury trials for indictable offences, generally only for very serious offences such as murder.

Civil Cases

Legal disputes involving private rights, typically seeking monetary compensation, with amounts up to $750K.

Criminal Offences

Acts that violate laws and are punishable by the state, including various types of crimes against persons and property.

Offences Relating to Property

Crimes that involve theft or damage to property, including robbery, break and enter, larceny, and embezzlement.

Illicit Drug Offences

Crimes involving illegal drugs, including importation, supply, and possession.

Fraud

Deceptive practices intended to secure an unfair or unlawful gain.

Magistrates Court

A court that handles civil matters involving less than $100K and criminal cases like theft or drink driving.

Committal Hearing

A preliminary hearing to determine if a case should be transferred to a higher court.

Children's Court

A specialized court that deals with cases involving minors.

Minor Debts Court

A court that handles small claims and minor financial disputes.

Coroner's Court

A court that investigates deaths, particularly those that are sudden or unexplained.

Small Claims Tribunals

A forum for resolving small disputes without the need for a formal court process.

Industrial Magistrates Courts

Courts that deal with industrial relations and employment matters.

Law vs Science

A comparison highlighting the differences and similarities between legal and scientific methodologies.

Goals of Law

The primary aim is to achieve justice.

Goals of Science

The primary aim is to acquire knowledge.

Evidence in Science

Data that supports or counters a scientific theory, derived from repeatable observations.

Testing Evidence in Science

Evidence is established through repeated observations and analytical methodologies.

Testing Evidence in Law

Evidence is tested by questioning witnesses to assess their honesty and competence.

Updating Evidence in Science

Evidence is revised with new information and observed phenomena from experiments.

Updating Evidence in Law

Evidence is harder to update, relying on historical precedents, but can be revised based on new legal precedents.

Determining Accuracy of Evidence in Science

Involves repeated observations and the reliability of the methodology used.

Determining Accuracy of Evidence in Law

Involves internal consistency, external corroboration, and the reputation of witnesses or experts.

Interaction of Science and Law

Law can utilize scientific expertise, especially when experiments cannot be repeated.

Public Perceptions of Science

People often view science as having hard facts, but it involves theories tested through observations.

Public Perceptions of Law

People often see law as a strict rulebook, but it is guided by interpretations of legal precedents.