Psychology and Law
Terms in this set (91)
Looks at the developmental aspect of a suspect to deem whether it was voluntary or result of earlier development
___ psycholgists look at social aspects that may result in a biased verdict.
Tests if a person is fit or not to stand trial, what is their chance of re-offending? will he repeat? Law favours this because they focus on a single case
_____ psycholgists help determine whether the witnesses are liable or if the jurors understand the nature of the laws that are being used.
does the experiences of different diverse groups show injustice?
lower courts must follow the decisions of higher courts
Constitution of Canada
all laws must conform to this
intended to be easy to understand and do not rely on precedents to the same extent as common law
Psychiatrists in courts
beginning to act as witnesses in criminal trials with regards to eyewitness testimony. Important case: Louis Reil 1885
Louis Reil (1885)
leader of Metis and led two resistance movements against the canadian government in efforts to preserve their rights. Northwest Rebellian started, he was hung for high treason and four months later it was moved into the HoC
Psychology and Law issues
1. disagreements among forensic experts, emotionally loaded environment within the legal system.
cautioned austrian judges that their decisions were influenced by unconscious processes. Insights from this theory can be used to understand criminal behaviour and improve the legal system
On the Witness Stand: Hugo Munsterberg (1908)
Its purpose was of "turning the attention of serious men to an absurdly neglected field which demands the full attention of the social community". Satirically critiqued and failed at the time!!!
Muller v. Oregon
USA supreme court ruled that the workday of any women employed should be listed to 10 hours, first file of a brandeis brief, insiting that the long hours hurt the mother and her children.
a written legal document that opened the use of social sciences
legal realism (1920s-1930s)
reaction against the established order represented by "natural law" which was argued that the judges constructed the law through their interpretations of evidence and precedent. Social aspects influence as well!!
believed that the law needed to promote the common good pragmatically and make use of social scientific research
a leader of the realist movement that enumerated several core principles. 1) laws must change with society 2) law is "a means to social ends and not an end in itself 3) must be evaluated in terms of its effects
Brown v. Board of Education
USA supreme court voted that keeping white and black children separate violated the amendments guarentee of "equal protection under the law"
Jenkins v. United States
increase demand for clinical evaluations and diagnoses of defendants either at the time of the crime or during trial. Ruled that some psychologists are qualified to render expert testimony on mental disorders
tension between psych and law
1) psychology is descriptive and law is prescriptive. 2) certainty vs. uncertainty (law must settle for approximate justice in the form of conflict resolution which adheres to society) but uncertainty is intrinsic to the scientific process) 3) psych emphasizes the characteristics of groups whereas law looks at individual cases 4)
the primary goal of ______ is to provide a full and accurate explanation of human behaviour
primary goal of law
regulate human behaviour
"law is based on authority; psychology is based on empiricism"
law advances through rulings produced by courts (always listen to the higher court, history) and psych advances through the accumulation of data produced by scientsts (anyone can make a discovery, future changes are inevitable).
the amount of deference and obedience given to people in positions of authority
lawyers and defendants fight for their innocence
Code of Professional Conduct
lawyers guidelines (2009)
finally achieved through sustained and collective efforts of many scientists
why psych tries to influence the legal system
1) law is important, it rules everything 2) the issues are inescapably psychological (also empirical, can be tested)
three forms of interaction of law and psych
advise, evaluate and reform
psychologists as advisors
these psycholoists can provide submissions of clinical reports or testimony in court.
consult psychologists about the cognitive functioning of an accused. fitness to stand trial and criminal responsibility evaluations.
serve as advisors to the legal system (ex saying the juror can't be one cause they are racist) use psychological knowledge to shape the trial process in ways that produce favourable outcomes for paying clients
allows to present data-based conclusions to the courts
any social program ought to be evaluated as to its effectiveness
ronald roesch and Alana Cook (2011)
found little support that "tough of crime" actually works
provide ongoing info about the effectiveness of a program so that adjustments can be made. (typically used in legal system)
attempt to sum up how well a program has met its goals
why doesn't psych ask big questions
1) generally take the individual or the small group as their level of analysis 2) still tends to be a science that places high value on controlled experimentation and careful measurements
Psychologists are uncomfortable taking on this role because they are used to being objective and far from the system but in order to make a change they must do it.
when do psychologists have the info necessary to change the law system
scientists are fallible, if we wait for absolute certainty we will die before we get it. can the current state of knowledge based on careful conducted research be used to improve the current practice in the legal system?
pathways social scientists make to get to the legal system
1) expert testimony 2)cross-discplinary training 3) amicus curiae briefs 4) broad dissemination of research findings
the lawyer proposes this testomony to the judge and the judge decides if it will help the jurors. (confuse, irrelevant, too impactful)
R. v. Mohan
supreme court of canada articulated a set of rules for the admission of expert testimony. 1) relevance 2) necessity 3) absence of any exclusionary rule 4) qualifications of the expert
R. v. Abbey (2009)
overturned a jury acquittal on a first-degree murder charge (referring to the tear drop tattoo that the person got)
Michael Sacks (three roles of expert witnesses)
1) conduit-educator 2) philosopher-advocate 3) hired gun
role of an expert witness that aims to present a full and accurate pic of the current state of psychological knowledge. Faithfully represents a field of knowlesge
role of an expert that makes concessions to the adversarial climate of the courtroom and allows personal to shape testimony
role of an expert the essentially "sells out" and capitulates to the adversarial demands of the courtroom
specialty guidelines for forensic psychologists (updated 2011)
provides forensic psychologists guidance on the matter of expert testimony but are not legally bound to follow
________ helps psycholoists learn about law and vice versa
aids in helping judges evaluate validity of expert
national judicial insititute (NJI) offers educational programs or the book - modern scientific evidence
Amicus Curiae Briefs (friends of the court brief)
these briefs educate judges on the current psychological research. the goal is to summarize the relevant body of research and to clarify the overall meaning of a set of findings. (we can either dispassionately report or clarify the meaning of relevant research findings (translation) or we can take a strong position based on the available psychological knowledge (advocacy)
Hollingsworth v. Perry
the american psychological association concluded that there is no valid scientific basis for denying same sex couples the right to legal marriage
broad dissemination of research findings
get lots of information regarding social sciences in media (tv, magazines, websites, newspapers) also face to face, law people need to take continuing education courses to update them on the current law
Influencing legislatures and public policy
psychologists try to influence them, through lobbying efforts of their professional associations
the rights that the charter protects
fundamental, democratic, mobility, legal, equality, language, minority-language educational, aboriginal, etc, rights.
prosecutors must show why the accused should remain in custody
summoned to court
Reid model (Inbau et. al, criminal interrogation and confessions(2004))
three steps 1) gather evidence and interview 2) conduct a non-accusatorial interview of the suspect 3) conduct a nine step procedure if they are guilty. based on the idea that suspects do not confess to crime they have committed because their fear of the potential consequences of confessing outweighs the anxiety they feel when they remain deceptive
Stage 3 of the Reid Model
1.immediately confront with guilt and behavioural pause. 2. allow the subject to rationalize or excuse the crime through themes 3. interrupt statements of denial keep the upper hand 4. over come the suspects objections to the charges 5. Keep their attention!!!!! change positions or something 6. show sympathy and understanding 7. provide explanations for crime (alternative questions) 8. develop the confession. 9. Write and sign the confessions!! crucial
tactics used by police interrogations that are designed to lull the suspect into false sense of security
to intimidate a suspect believed to be guilty
Kassin et. Al (2007)
self-report police survey of how often reid techniques are used. frequency varied although used.
King and Snook (2009)
video taped interrogations
problems with reid
deception and biases, coercive and/or suggestive nature of certain interrogators
detecting when someone is being deceptive
Eastwood et. al
showed that high school students exhibit very low levels of comprehension when presented with canadian youth waivers in oral format
bias that can result when the police already believe the suspect is guilty before interrogation.
confession is excluded if
elicited by brute force, prolonged isolation, deprivation of food or sleep, threats, promises, or barring exceptional circumstances
R. v. Oickle (2000)
arsin case, falsely confessed because of threats to polygraph gf, told he would see her if he confessed, said he would get help and lesser sentence
PEACE (Meisser and Russano, 2003)
planning and preparation, engage and explain, account, closure, and evaluation.
types of confessions
false, retracted and disputed
voluntary false confession
a confession that is provided without any elicitation from the police 1. protect others 2. morbid desire for notoriety 3. not able to distinguish fact from fantasy 4. want to receive punishment(ex john mark kart)
coerced-compliant false confession
a confession that results from a desire to escape
coerced-internalized false confessions
a confession that results from suggestive interrogation techniques, whereby the confessor actually comes to believe that (s)he committed the crime. 1. substance abuse 2. inability to see false from truth 3. mental state (Paul Ingram)
Kassin and Kiechel (1996)
confess to a crime they did not commit (Alt )
consequences of false confessions
problem for all: hard to ignore!! 1. no one would confess to that they didn't do 2. can't really tell whats true or not 3. false and true confessions are similar. effects police, down the wrong trail. Appleby et al. included visual and auditory stuff to better influence the jurys
Criminal profiling (1970)
an investigative techniue for ifedntifying the major personality and behavioural characteristics of an individual based upon an analysis of the crime he or she has committed (john douglas) used mostly in violent serial crimes
purposes of criminal profiling
set traps to flush out an offender, whether a threatening note should be taken seriously, give advice on how to best interrogate a suspect, how to break down defendants in cross-examinations
the violent crime linkage analysis system which was developed by the RCMP to collect and analyze info on serious crimes from across canada
an inability on the part of the police to link geographically dispersed serial crimes committed by the same offender because of a lack of information sharing among police agencies
founder of investigative psychology: (john duffy, railway rapist case)
pinizzotto and Finkel (1990)
profiling has an equation in the form "WHAT + WHY = WHO" but very vague therefore seen as an art not a science
deductive criminal profiling
profiling the background characteristics of unknown offenders based on evidence left at the crime scene by that particular offender
inductive criminal profiling
profiling the backgroupnd characteristics of an unknown offender based on what we know about other solved cases
a profiling model used by the FBU that assumed the crime scenes and backgrounds of serial offenders
classic trait model
a model of personality that assumed the primary determinants of behaviour are stable, internal traits. but this is controversy cause there are others who believe that personality is not the only thing to shape behaviour c
cristicsms in profiling
1. theoretical model of personality that lacks strong empirical support 2. core psychological assumptions lack empirical support. 3. many profiles are too vague 4. professionals may = normal people.
an investigative technique that uses crime scene locations to predict the most likely area where an offender resides (yorkshire ripper in england)
simple general rules that can be used to make decisions and solve problems. Reliance on heuristics can result in biased or reasonably accurate decision.
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