Forensic Psych Exam 1 Study Guide
What is Forensic Psychology ?
What is the definition of forensic psychology we’re using for this course (the one I provided)?
Forensic psychology is a subfield of psychology in which basic and applied psychological science or
scientifically oriented professional practice is applied to the law to help resolve legal contractual or
administrative matters.
oHow are forensic and correctional psychology distinct?
Forensic psychology is part of the broad diverse field of psychology- law.
oGenerate examples of different ways in which various kinds of psychologists (e.g., clinical,
counseling, developmental, social, cognitive) could practice forensic psychology.
How is criminal profiling related to forensic psychology?
An investigative strategy used by analyzing crime scenes and relating it to behavior to create a pool of
suspects
What are the major roles for psychologists interested in forensic psychology? (There are 3 main roles).
Scientific research, assessment (evaluation), treatment
What are the primary differences between the criminal and the civil justice systems?
Criminal- testify about research bearing on anything relevant (mental illness and violence risk, expert
witness bias), Conduct assessments (competency, insanity), providing treatment (restoration of
competency to stand trial)
Civil- testify about research (what actions people perceive as sexual harassment), conduct assessments
bearing on any psycho- legal question (parenting capacity, mental illness and violence risk for civil
containment, social security disability eligibility), treatment (anger management to reduce risk of violence,
therapy to process trauma and reduce PTSD severity after an accident someone else caused)
What does the word “forensic” mean? What is its etymology (origin)?
Forensic from the latin “forensis” meaning of the forum location to resolve disputes.
What’s the difference between criminal law and civil law?
Civil Law - defines the personal and property rights of individuals; the rights of an individual to seek
redress or to prevent a wrong; any action other than criminal proceedings.
EX. divorce, child custody, protective orders, injunctions, debt, personal damages
Criminal Law - for the purpose of preventing harm to society, (a) declares what conduct is criminal, and
(b) prescribes the punishment to be imposed for such conduct. It includes the definition of specific
offenses and general principles of criminal responsibility
EX: criminal trespass, murder, assault, theft
Forensic Psych Exam 1 Study Guide
What’s the purpose of a trial?
Establish the facts of the case, find the law that applies
Expert Witnesses & Testimony
Why did we talk about Wonder Woman – how is she relevant to forensic psychology?
She is relevant due to general acceptance. A basic scientist applied the perception and detection with the
lie detect testing who happened to also be the creator of wonder woman. He felt that woman needed a roll
model just like young men have role models within heroes. Her lasso would represent how she would lasso
the truth in the situation. Creator William Marston.
What were the central point of each of the short Brodsky chapters I assigned?
1. the issue of ethical obligations of experts and hierarchy of witness obligations
2. expert witness as a master teacher
3. characteristics of an expert witness
What is the difference between statutory and case law?
Case - the law as established by the outcome of former cases
Statutory - law that congress and legislators make so they can write laws into the books, into statute
What is legal precedent, and how is it different from scientific progress?
Legal precedent - a precedent is a legal case that establishes a principle or rule that is then used by the
court or other judicial bodies use when deciding later cases with similar issues or facts
Scientific progress - science increases its problem-solving ability through the application of the scientific
method
How and why is forensic psychology more common / bigger in the United States than in other countries like
Canada? Who made this happen, and how?
Issac Ray in mid 1800s - M'Naughten time
America's unique embracement of forensic psych
Judge David Bazelon
- Was involved in the Jenkins v US (1962) case
- Wrote court opinion that psychologists can testify in court (not just psychiatrists)
Forensic Psych Exam 1 Study Guide
What happens when expert witnesses go to court to testify? (What do the witnesses have to do?)
- Voir Dire qualification
> expert is called too sit on the stand and the judge asks questions and the expert has to talk about
their background, training, and experiences
- Direct examination
> attorney calls expert and asked open ended questions and leads the expert to talk about what they
did and lay out the strongest case
- Cross examination
> Opposite of direct examination for fair system of justice
- Redirect/re-cross
> if anything came up in cross examination they can call for clarification
What is the witness credibility model?
Trustworthiness
Knowledge
- high
> strong educational credentials
> relevant experience
> moderate assertiveness
> self-proclaimed expertise
> demonstrated familiarity w the case
- low
> no mention of educational credentials
> minimal relevant experience
> low assertiveness
> no self-proclaimed expertise
> inadequate familiarity w the case
Confidence
Likeability
Forensic Psych Exam 1 Study Guide
Which factor of witness credibility carries the most “weight” in credibility perceptions?
Likability
High likability
- Use of "we" or "us" re: scientific community
- Moderate levels of smiling
- Modest statements and conclusions
- Consistent eye contact with lawyer and jury
- Informal style of speech
Low likeability
- No use of "we" or "us"
- No smiling
- Excessive statements of certainty
- Inconsistent eye contact
- Highly technical jargon and frequent formal references
Women must be competent AND likable. If a man messes up and is not as likable, he will still
receive the same amount of credibility
Compare and contrast the foundations of law and psychology/science. How do the differences sometimes
lead to conflict?
The objectivity demand
- professional ethics codes bind mental health professionals to practice objectively
> APA Ethics Code (2002)
> Committee on Ethical Guidelines for Forensic Psychologists, 2013
Legal system assumes:
- objective experts objectively collect and interpret data and present objective testimonies
Psychological science
- People have a hard time divorcing decisions from cognitive and emotional biases
Who is William Marston, and what are a few reasons why he is an important historical figure?
He was a lawyer and psychologist
Invented the first functional lie detector polygraph
Created the DISC model for emotions and behavior of normal people
Forensic Psych Exam 1 Study Guide
Authored self-help books
Created the Wonder Woman comic
How are traditional clinical and forensic psychological roles different? What are the main ethical challenges
for psychologists in forensic roles?
What are the three ways the courts deal with keeping junk science out, and what are the strengths and
limitations of each?
1. Standards for admitting expert testimony (Daubert cases)
2. Cross examination
- Can't help jurors systematically evaluate the quality of scientific examination
- specifically designed to educate jurors about flaws in scientific research
- induces overall skepticism on expert
3. Opposing experts
- jurors tend to use expert disagreement as peripheral cue to bias and dismiss all the expert testimony
("skepticism effect")
- if expert explains and demonstrates concretely the flaws in the science of the opposing expert's
testimony, it can help "sensitizing effect"
What was the standard that dominated the admissibility of scientific evidence into court for 70 years until
Daubert replaced it?
oIn what case was this standard defined?
Frye Test (Frye v. US (1923)
- General Acceptance; whether the lie detector test could be admissible as evidence into court
Explain each case in the Daubert Trilogy and their contributions to the procedures concerning the
admissibility of modern expert testimony.
Daubert v. Merrell Dow Pharmaceuticals (1993)
- admissible if relevant and "reliable" (TAPE)
> is theory Testable and has it been tested
> is it generally Accepted in the scientific community
> has it been subjected to Peer review or publication?
> what is the known or potential Error rate?
General Electric v. Joiner (1997)
- judge is the "gatekeeper" and evaluates methodology
Forensic Psych Exam 1 Study Guide
Kumho Tire Company v. Carmichael (1999)
- Daubert inquiry was applicable to nonscientific testimony (technical or specialized knowledge)
What are the four criteria that must be evaluated by the judge according to Daubert?
TAPE
> is theory Testable and has it been tested
> is it generally Accepted in the scientific community
> has it been subjected to Peer review or publication
> what is the known or potential Error rate
How and why was the Jenkins v. United States (1962) ruling so significant for forensic psychology in the
United States?
Whether a psychologist is competent to state professional opinions as an expert witness concerning the nature,
and existence or non-existence, of mental disease and defect
What famous judge is the most important in the history of forensic psychology in the U.S.?
Judge Davin Bazelon, wrote that psychologists could testify and not just psychiatrists.
What are some of the potential sources of bias for expert witnesses?
"I am the defense attorney" vs. "I am the prosecuting attorney"
Differences in surrounding contexts (feature of the human brain)
Objectivity demand
Bias blind spot (tendency to recognize bias in others but fail to recognize it in oneself)
Hired by adversarial legal parties
What are some ways that experts can reduce their bias?
Impassioned historical actuarial v. clinical debate
- formula-based vs. unstructured, unstandardized approach
Structured Clinical Interview and Objective Psychological Tests
- IQ tests
- Malingering tests
- Structured symptom interviews
- Personality tests
Forensic Psych Exam 1 Study Guide
How many mental health experts were part of the Jeffrey Dahmer trial?
7 experts: 3 prosecutions, 2 defense, 2 court
Competence to Stand Trial (CST)
What are some of the characteristics of incompetent defendants?
- Psychotic disorders and intellectual disability are most prominent diagnoses
- Incompetence due to psychosis is easier to treat than intellectual disability
What type of mental illness is most common among people found incompetent to stand trial?
Paranoid Schizophrenia, psychotic disorders are 8x more likely to be incompetent than non-psychotic
illness.
What major legal case defined the competence to stand trial standard used by the courts?
Dusky vs. US
What was this standard that the major legal case defined for CST?
Sufficient present ability to consult with one's attorney with a reasonable degree of rational understanding, and
a rational as well as factual understanding of the proceedings against him
How long was this important legal case that defined the CST standard used by the courts?
Less than a full page
What must defendants be able to do in order to be competent to stand trial?
Defendants should be able to understand their proceedings, and what they are being charged for. As well
being able to stand for their own trial and own defense.
Why is competency to stand trial important, and what is the rationale of this requirement?
- Fairness, dignity, accuracy, and integrity of the legal system
- Requires participation of people who can exercise their full rights and defend themselves
- Punishment is only morally acceptable if the person understands why they're being punished
What did the Supreme Court decide in the Godinez v. Moran case?
Godinez v. Moran (1993) = the standard for all types of criminal competencies are the same
Decision: No higher standard is needed to represent oneself
Competencies that followed this case:
- Competency to waive Miranda warnings
- to confess
Forensic Psych Exam 1 Study Guide
- to waive counsel
- to plead guilty
- to waive right to trial by jury
- to be sentenced
- to be executed
- to refuse the insanity defense
oWhat was the significance of this ruling?
oWhat famous case did we learn about that the Godinez case allowed to occur?
Colin Ferguson (Long Island Railroad Massacre Shooter)
In what case did the Supreme Court overturn it’s own previous Godinez v. Moran decision?
Indiana v. Edwards (2008)
- SCOTUS revisited the issue of contextual competencies
- Pro Se competence is higher than CST - right to Pro Se is qualified by functional abilities
> To preserve "courtroom decorum" and practice of law
> "A right of self-representation at trial will not affirm the dignity of a defendant who lacks the mental
capacity to conduct his defense without the assistance of counsel.
Why is the Jackson v. Indiana case significant?
1972
Jackson charged w petty theft for stealing a pair of shoes from a store
Deaf and mute - could not read, write, or communicate
Found permanently IST, and was committed indefinitely to state hospital
- essentially a life sentence even though he hadn't been convicted of a crime
How is Jackson v. Indiana applied in most states?
SCOTUS ruled that defedants cannot be held for more than a reasonable period of time
- Placed a limit on how long IST defendants can be held - all states
> can't be held longer than sentence they would get if convicted
> can't be held longer than 1/2 the sentence they would get if convicted
- If permanently IST but dangerous, can be civilly committed
How is “time” important for understanding the difference between competency to stand trial and insanity?
CST = mental state NOW
Insanity = mental state at the time of the crime
Competency - part of trial process
Insanity = legal defense
