Forensic Psychology: Chapter 1

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What does the word 'forensic' come from?
The latin term, 'forum'

What are the three forms of forensic psychologists?
- Clinicians
- Researchers
- Legal Scholars
What type of training do clinicians, researchers, and legal scholars have?
- Spezialized training in the treatment of special groups
- Some legal training

- Training in psychology
- Often specialize in memory, development, or
general cognitive psychology

Legal Scholar
- LLP (law degree)
- PhD in psychology
What are 4 tasks a legal scholar might engage in?
- mental health law
- psychology oriented legal movements
- policy analysis
- legistlative consultation
What are 6 tasks a researcher might engage in?
- Effectiveness fo risk assessment strategies
- Factors that influence jury decision making
- lineups
- offender and victem treatment programs
- the impact of questioning style on recall
- stress management and the police
What are 6 tasks a clinician might engage in?
- divorce and custody mediation
- determination of criminal responsibility and competency to stand trial
- personnel selection
- critical incidient stress debriefings
- desigining and conducting treatment programs for offenders
Describe the procedure and results of the 'Ekman & O'sullivan' experiment in 1991.
People were tested at their ability to detect lies. 509 subjects watched a video of 10 people, and had to judge whether or not they were lying. Even expert groups (such as psychiatrists, judges, robbery investigators, and federal polygraphers) barely performed above chance. The secret service performed the best.
Describe the 'McNaughten Rule' from 1843

The 'McNaughten Rule' was a reaction to the acquittal of a man named Daniel M'Naughten who murdered a person believing himt o be th eBritish Prime Minister. Under the criteria of the 'McNaughten Rules' he would have been found guilty.

McNaughten Rules:
- Presumption of sanity and burden of proof
- Disease of the mind (internally caused)
- Nature and quality of the act (their awareness of what they were doing)
- Knowledge that the crime was wrong
Describe the results from Catell's studies.
Catell began asking 56 of his students simple questions based on memory such as 'what was the weather like last Wednesday?' He found that his students performed no better on these memory tests than chance; however, they all were highly confident in the accuracy of their answers.
What method of interrogation did Freud believe would compel people to reveal their guilt or innocence in court?
Word association: the clinician will say a word, and the subject will have to reply with an associated word. The clinician starts off with innocuous words such as 'blue' and 'house' and then moves on to words related to the case such as 'strangle' and 'cash register.' If the subject hesitates at these words, that means they are guilty.
In what was did Munsterberg contribute to forensic psychology?
- Is credited with founding forensic psychology
- Wrote 'On the witness Stand' which argued that psychology could benefit legal practices
Describe each of the chapters in Munsterberg's book, "On the Witness Stand"
1) Ilusions
2) memory of the witness
3) detection of the crime
4) traces of emotion
5) untrue confessions
6) suggestions in court
7) hypnotism and crime
8) prevention of crime
1) Illusions: people don't always see things as they are (e.g. lighting can alter your perception of color

2) M.O.T.W.: memory can be altered over time and lost

3) D.O.C.: word association as a method of identifying guilt

4) T. O.E.: subtle changes in body and facial expression can indicate guilty

5) U.C.: profile typing to idenitfy people who might make false confessions

6) S.I.C.: the suggestibility of witnesses and the jury

7) H.A.C.: people could be hypnotized to commit crimes

8) P.O.C.: emphasizing confession of a crime as opposed to punishment
Why were Moore and other juges critical of Munsterber'gs claim that psychology could help legal proceedings?
- Munsterberg phrased his writing in a way that was critical of judges
- They didn't believe there was evidence supporting psychological theories
- they were concerned that Munsterberg didn't have any fundamental theoretical principles underlying his many techniques
- they believed that judges were better at determining facts relavent to psychology in legal cases than psychologists
What is the significance of the 'Brown v. Board of Education' (1954) case?
In footnote 11, research from psychologists was cited as evidence in a supreme court ruling for the first time
What is the significance of the 'Jenkins v. United States' (1962) case?
The judge ruled that psychologists were't qualified to make dignoses for mental disorders in court proceedings. However, the case was appealed and it was ruled that psychologists were in fact qualified to do so.
What is the significance of the 'Frye v. United States' (1994) case?
It caused the 'Frye Criterion' to be developed.

Expert testimony of a scientific principle can only occur if the principle has gained general acceptance in the particular field in which it belongs.
What is the significance of the 'R. V. Mohan' (1994) case?
A psychologist testified that the person who committed the crimes (the sexual assault of four teenagers) was a child molester and thus would have several abnormal characteristics that Mohan didn't possess. The issue went to the supreme court over whether this evidence was admissable.

Mohan Criteria
1) The evidence must be relevant in that it makes a fact about the case mroe or less likely
2) The evidence must benecessary for assisting the trier of fact
3) The evidence must not violate any rules of exclusion
4) The evidence must be provided by a qualifeid expert which is typically determined through training, experience, and research.
What reasons does Tanford (1990) give to explain why judges are skeptical of allowing psychologists in the courtroom?
- Judges are conservative and perceive social scientists as liberal

- judges are self confident and do not believe that they need any assistence from non-lawyers

- judges are human and it is human nature to be unscientific

- judges are ignorant of and inexperienced with or do not understant social science

- judges perceive science as a threat to their power and prestige

- law and social science are rival systems with competing logics
What is Eyseneck's (1977) Perosnality Theory of Crime?
Eyseneck proposed that personalities are based on two spectrums
- Extroversion-Introversion: extroverted people have low cortical and autonomic arousal and thus seek stimulation from their environment
- Neurotocism-Stablity: neurotic people react intensely to negative stimuli.

He proposed that criminals tend to be high in extroversion and neuroticism.
Describe the significance of the Menendez Brothers case
The Menendez brothers were on trial for killing their parents. However, three psychologists testified that they had been abused by their father and as a result had psychological conditions that made them kill him.

This is a good example of how biased psychologists can change the fate of a cse.
Describe a 'dual role' relationship
Dual role is having two relationships with the client (which can be either personal or professional). The stereotypical example of this is having a romantic relationship with a client.
Describe the role of a 'trial consultant'
- An uncertified, unregulated profession
- they identify psychological issues (e.g. that may render a testimony unusable)
- they prepare witnesses for trial
- they advise on response to opposing experts
- they give an opinion on the quality of psychological evidence
Describe the results of the 'Doll Study'
Black children were given a caucasian doll and a black doll. They were asked, "Which doll looks nice?," "Which doll looks bad?" and "Which doll looks like you?."

Children in Masstuchas (segregation was uncommon) said the black doll looks less nice, it looks more bad, and looks somewhat like them

Children in Arkansas (where segregation was still common) said the black doll looks somewhat nice, somewhat bad, and very much like them

The results were backward compared to what people expected! However, they argued that the Arkensas kids were less well adjusted; they argued that they had experienced such intense racism that they had to deny that being black was bad.
Explain the difference between a 'fact witness' and a 'expert witness'
A fact witness is someone who has firsthand knowledge about a crime or significant event through their senses. a witness who has expert knowledge about an important fact in the case that makes it either stronger or weaker against the opponent.
Describe the following three types of expert forensic psychology witnesses:
1) the conduit educator.
2) the philosopher ruler.
3) the hired gun.
C.E.: an expert witness who views their field as a priority

P.R.: they have a fixed opinion long before learning of the details of the case; they are simply their to advocate their position on a general subject

H.G.: a psychologist who was bribed to testify in favour of the side of the lawyer who hired themr egardless of evidence
Describe the results of the "Kassin et al" (1989) studies
63 PhD's answered a questionnare on how often they were asked to destify and whether they did, as well as whether they believed certain pieces of evidence were true.
Describe the following forensic discliplines
1) Forensic anthropology
2) forensic linguists
3) forensic chemistry
4) forensic ontology
5) forensic pathology
6) forensic entomology
1) anthropology: examining the remains of diceased victims

2) linguists: examining spoken and written word

3) chemistry: examining chemicals in a crime scene

4) ontology: examining the dental aspects of a crime scene

5) pathology: doing a physical autopsy

6) entomology: examining insects in a crime scene
Explain the following three relationships between psychology and the law

1) psychology and the law
2) psychology in the law
3) psychology of the law
1) P and the L: the use of psychology to examine the operation of the legal system (e.g. research that investigates the accuracy of eyewitnesses)

2) P in the L: the use of psychology in the legal system as that system operates (e.g. a psychologist giving an expert opinion on some matter in court

3) P of the L: the use of psychology to examine the law itself (e.g. research directed towards the question of whether or not law actually reduces the amount of crime in society)
Describe the results from Binet's (1900) studies
Binet conducted studies with children where he would ask them questions. Some of those questions were about objects they had seen, but some questions asked about things they hadn't ever seen (e.g. "what was the color of the string that attached the button to the board?"... there was no string)

He concluded that children were highly suscepitble to suggestive questioning techniques.
Describe the results from Stern's (1993) study
He conducted studies that showed that a persons emotional arousal can impact the accuracy of their testimony
What did Shrenck Notzing testify in court?
Schrenck-Notzing (1896) testified that extensive pretrial press coverage could influence the testimony of a witness by causing 'retroactive memory falsification.'
What did Varendonck (1991) testify in court?
Varendonck testified that children are very prone to suggestion by referencing studies in which he asked children about a person who supposedly approached him (but in reality, never existed).
What did Wigmore sue Munsterberg over?
Wigmore sued Munsterberg for 'claiming more than he could offer' through a series of false transcripts.
Describe the following biological theories
1) Constitutional theory
2) Chromosomal theory
3) Dyscontrol theory
1) Constitutional: crime is the product of an individuals body build which is assumed to be linked with the persons temperment

2) Chromosomal: chromosomal irregularity causes criminal behavior

3) Dyscontrol: lesions int he temporal lobe and limbic system cause criminal behavior
Describe the following sociological theories
1) Strain theory
2) Differential association theory
3) Labeling theory
1) Strain theory: the strain felt by underprivileged individuals in society who have limited access to legitimate means of achieving valued goals of success causes criminal behavior
2) Differential Association Theory: interacting with people who view breaking the law as a positive thing causes people to engage in criminal activity
3) Labeling theory: calling people ‘criminals’ causes a self fulfilling prophecy to occur, making them engage in more criminal behavior
Describe the following psychological theories of crime
1) Maternal deprivation
2) Biosocial theory of crime
3) General theory of crime
1) Maternal deprivation: early separation from mothers retards social development and leads to criminal behavior
2) Biosocial theory of crime: individuals who are high in extraversion and neuroticism are likely to engage in criminal behavior
3) General theory of crime: low self control and the presence of criminal opportunities causes criminal behavior
What are the five things identified in textbook as signs that forensic psychology is becoming a legitimate area of study?
1) Growing number of textbooks on forensic psychology
2) Growing number of academic journals dedicated to forensic psychology
3) Increasing number of professional associations developed related to forensic psychology
4) Establishment of new training opportunities in forensic psychology
5) The APA formally recognized forensic psychology as a specialty discipline in 2001
Describe how law and psychology differ on the following 7 dimensions
1) Knowledge
2) Methodology
3) Epistemology
4) Criteria
5) Nature of law
6) Principles
7) Latitude
P: acquired through cumulative research
L: acquired through legal precedent, logical thinking, and case law

P: nomothetic (the goal is uncover broad patterns and general trends)
L: idiographic (operates on a case to case basis)

P: objective
L: subjective

P: cautious and skeptical
L: lenient decision making

Principles of Law
P: descriptive (describes how people behave)
L: prescriptive (determine how people ought to behave)

P: consider alternative explanations
L: consider two explanations

P: behavior of psychologists is very restricted
L: behavior of lawyers is less restricted
What is the equivalent of the 'Mohan Criteria' in the U.S.?
Daubert Criteria (U.S.) 1) The research must be peer reviewed 2) The research must be testable 3) The research must have a recognized rate of error 4) The research must adhere to professional standards

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