Exam #1
What are the 4 C's of effective expert testimony?
- Clarity- understandable, jargon free - Clinical Knowledge- based on expert's experience and knowledge, not statistical/actuarial info - Case-Specificity- expert's opinions geared toward the case at hand (evaluate approach) - Certainty- high level of confidence without being too overly confident
What are the two main types of archival information?
- Institutions: Medical Hospitals; Psychiatric Hospitals; Community Mental Health Centers; Prison Records; School Transcripts; Arrest Reports - Third Parties: Friend, Family Member, Eyewitness- family member could lie to either help or hurt defendant
What are the major areas of forensic psychology as it relates to Civil law?
1.) Child custody 2.) Civil commitment 3.) Personal injury 4.) Competency to make medical decisions
Describe the criteria for the following standards for admissibility of expert testimony
1.) Frye Standard - If a scientific procedure or theory was generally accepted by a particular scientific field, the expert was allowed to testify. If the specific field did not accept the theory or procedure as accurate, the expert was not allowed to testify. 2.) Federal Rules of Evidence - Any expert testimony must be based on sufficient data, reliable principles and methods, and the reliable application of those principles and methods to the case. Testimony can be admitted if the principles and methods are reasonably relied upon by others in the field. 3.) Daubert Standard 1. Has the technique been tested? 2. Has it been subject to peer review? 3. What is it's error rate? 4. Is it generally accepted? (Frye)
Identify and describe the four types of treatment.
1.) Management - crisis management for self mutilation, violence, trauma, psychosis 2.) Maintenance - chronic mental health issues 3.) Outpatient - general symptom management 4.) Special Programs - sex offender chemical dependency and personality disorders
What are the 4 requirements for a Tort?
1.) Owing a duty 2.) Violation of duty 3.) Proximate cause of harm 4.) Harm occurring
What were the 3 issues regarding Dr. Samuels' testimony in the Jodi Arias case?
1.) Samuels is discredited about his PTSD findings 2.) Asks Richard Samuels if he liked her and gave her gift 3.) Testifying about Arias' memory forgets what he just said
What are the major areas of forensic psychology as it relates to Criminal Law?
1.) Violence risk assessment 2.) Insanity and criminal responsibility 3.) Competency to stand trial 4.) Treatment of sexual offenders 5.) Juvenile transfer to adult court
According to the survey presented in class, what percentage of psychologists/psychiatrists had generated a criminal profile?
10.9%
Why do forensic evaluations rely more heavily on archival information (compared to therapeutic evaluations)?
A lot more to lose or gain First, there is a greater need for accuracy in forensic evaluations. Another major reason that archival or third-party information is especially important is because of the high likelihood of secondary gain in forensic evaluations and the increased likelihood of malingering as a result.
What is correctional psychology?
Application of clinical psychology to prison or correctional setting absent of any direct legal application
What is our definition of forensic psychology?
Assessment and treatment of individuals within a legal context
What is the role of forensic psychologists?
Assisting the legal system using psychology
What was the landmark case that ruled that those with an intellectual disability are not eligible for the death penalty?
Atkins v Virginia, 2002
Why do attorneys pressure experts to alter their reports?
Attorneys are bound by their own professional ethics to fight for their clients to the best of their ability and they need not be objective in their work AKA they want to win their case and will do anything to do so.
Which is not one of Melton's guidelines for writing forensic report?
Avoid providing opinions unrelated to the referral question
What is not a criticism of expert testimony?
Being aware of biases
How often do the mentally ill commit crimes compared to how often the mentally ill are victims of them?
Choe, Teplin, and Abram (2008) found that 2% to 13% of outpatients had perpetrated violence in the past 6 months to 3 years but that 20% to 34% had been victimized violently.
What is a contingency fee and how can it impair one's objectivity?
Contingency fee - sum of money received only if you win the case - impairs objectivity by creating bias
What are the primary differences between criminal and civil law?
Criminal law focuses on acts against society and the focus is to punish offenders in order to maintain a societal sense of justice and deter crime. Civil law is concerned with private rights and remedies, not necessarily the public good.
What is the basic structure of federal courts?
District courts > appeals courts > US supreme court
What type of degree do most forensic psychologists receive (Master's or Doctorate)?
Doctorate
What factors do attorneys consider when choosing an expert?
Experts from their local community compared to national experts, experts who actively practiced, experts who testified for the prosecution and the defense in previous trials, and experts who were paid nothing
What is a hired gun?
Experts who are retained (paid) by one side (typically defense) and have an opinion that is favorable to that side (e.g., NGRI), experts who are hired guns are less credible
How did Kumho Tire Co. v Carmichael clarify the Daubert standard?
Extended Daubert criteria from scientific evidence to also technical/specialized knowledge; good for clinical psychology, which has less scientific evidence than experimental psychology.
Forensic psychology viewed as "hired guns" appear more credible to the jury (T/F)
False
Forensis refers to a place in Rome where gladiators fought to the death (T/F)
False
Mens rea is central to civil law (T/F)
False
Most forensic programs meet DeMatteo et al.'s (2009) proposed training guidelines: True or False?
False
Programs with a focus on punishment (e.g., boot camps) are effective. True or False?
False
Projective tests are highly reliable and valid measures to use in forensic assessments? (T/F)
False
Syndrome evidence leads to therapeutic consequences in the application of psychology to law (T/F)
False
Which supreme court case ruled that the trial judge in the gatekeeper for admission?
General Electric Co v Joiner
Treatment focused on maintenance does not include what strategy?
General symptom management
Describe the empirically-supported factors that can increase or decrease expert witness credibility
Hired gun - decrease expert witness credibility Experts who testify frequently - increase credibility?? Experts who have only testified for defense - decreased credibility Experts who were paid $$$$$ - decrease credibility
What is secondary gain?
In archival info there is potential for malingering- exaggerating symptoms for secondary gain, have over reporting/underreporting Any external gain that someone derives from suffering from a mental illness; normally considered a gain or advantage in addition to the primary goal of under- or overreporting psychological symptoms that may influence the accuracy of an examinee's self-report.
What is archival information?
Information gathered from institutional records as well as interviews with third-parties
What is the most frequently used method of assessment?
Interviewing (Assess personal info)
How does criminal profiling relate to our definition of forensic psychology?
It has less scientific merit
Which court decision first recognized the admissibility of expert testimony by psychologists in insanity cases?
Jenkins v US
What case allowed psychologists to testify as experts?
Jenkins v United States
Based on the General Electric v Joiner, who functions as the gatekeeper of expert testimony?
Judge
Identify the problems with syndrome evidence
Lacks empirical support, leads to high number of false positives, based on clinical experience NOT research, has been incorrectly used to describe/prove a claim in a case, and has anti-therapeutic consequences
Whose job is it to find and apprehend criminals?
Law enforcement officers
What was the importance of Jenkins v United States (1962) to forensic psychology?
Led to a boom in forensic psychology and concluded psychological testimony would be admitted to determine criminal responsibility (Psychologists could testify in cases of insanity)
What is malingering?
Lying or exaggerating symptoms to get out of sentence or it get reduced
What is the balancing test?
More generally, the judge will assess the costs (prejudicial consequences) and benefits (probative value) of testimony before admitting it to Court
What model of training do most forensic psychologists undergo?
Most forensic psychologists have not obtained their degrees from a joint-degree or specialty program. Instead they have attended a general program in clinical or counseling psychology
What is the most significant threat to the objectivity of experts in the legal system?
Not being aware of their own biases
What are the most frequent faults in reports as identified by Grisso (2010)?
Opinions without sufficient explanations (53%) Forensic purpose unclear (53%) Organizational problems (36%) Irrelevant data or opinions (31%) Failure to consider alternative hypothesis (30%) Inadequate data to form opinion (28%) Data & interpretation mixed in report (26%) Overreliance on a single source of data (22%) Language problems-jargon, bias, extraneous comments (19%) Improper use of tests (19%)
Why is IQ important to death penalty decisions?
Persons who suffer from mental retardation, and therefore have an intelligence quotient (IQ) below 70, are ineligible for the death penalty.
Why is informed consent especially important in forensic evaluations?
Potential for additional coercion due to secondary gain and/or a legal authority mandated the evaluation It is important that an examinee recognizes the limits of confidentiality in a given case and that they clearly understand that records will be viewed by others prior to beginning the process of evaluation.
What is Mens rea?
Principle of criminal responsibility as it relates to mental state. Guilty mind, means that an individual has committed an unlawful act willfully or purposefully.
Courts must balance _________ value of evidence against the ____________ consequences of admitting the evidence
Probative and Prejudicial
What is the difference between probative value and prejudicial impact?
Probative value - Useful for deciding a particular issue before the court Prejudicial impact - Bias a piece of evidence may cause The probative value means that a piece of information helps prove a particular point or is useful in deciding an issue before the court. Prejudicial refers to the potential damage or bias a piece of evidence or testimony may cause. Admissible evidence has more probative value than prejudicial consequences.
What are the differences between projective and objective personality tests?
Projective- rorschach inkblot test, thematic apperception test (TAT), reveal "deepest, most unobservable psychological characteristics, harder to fake, most researchers are considered with its reliability, validity, standardization and scoring, questionable whether or not it should be admissible in court Objective- more structured and direct than projective tests, ex: "Sometime when i have gotten angry I have thrown things: True or False or Rating scales, greater reliability and validity than projective tests, requires 4-6th grade reading ability, more cooperation, easier to "fake"
What are jury instructions? Are they typically effective (why not)?
Provided by judge before discussion of the case to the jury. Could instruct jurors to be more skeptical of certain testimony or frame the purpose of certain these instructions A judge typically reads a list of instructions to a jury prior to discussion of the case, which the jury is supposed to follow during the deliberation process. Not typically effective, because they are hard to understand & apply.
What are the primary differences between a forensic psychologist and a forensic psychiatrist?
Psychiatrist: Medical doctor, Focus on psychotropic medication management, less training in psychology and minimal training in psychological testing. Psychologist: PhD or Psy.D, more training in psychology and psychology assessment, and more research training
What is the primary difference between nomothetic and idiographic?
Psychology is nomo and law is idio. Nomothetic refers to the study of universal or general scientific laws that are applicable to groups of people. Idiographic concerns the study or specific unique events or individuals and normally is used in the context or violence risk assessment
One basic difference between psychology and law is:
Psychology is nomothetic and law is idiographic
What were the important messages to take away from the Dinsmore et al. (2014) article regarding forensic assessment?
Ramiro Hernendez raped and murdered and tried to fight the case by saying he wasn't mentally capable but he scored all over the place with the psych tests he was given
What is the most widely-recognized treatment approach in forensic psychology?
Risks, needs, and responsitivity RNR- Risk-Needs-Responsivity : high risk of reoffending, needs contributing to why they broke law; responsivity of finding right treatment for client
Define Risks, Needs, and Responsivity
Risks: Maximum treatment for those offenders who are at greatest risk for re-offending (Criminogenic) Needs: criminogenic needs, which involve the reasons an individual commits a crime Responsivity: Providing the right treatment at the right level
What are Melton's four guidelines for writing forensic reports?
Separate facts from inferences Stay within the scope of the referral question Avoid information Over/Underkill Minimize clinical jargon (Petrella & Poythress, 1983)
Define syndrome evidence
Set of symptoms that occur together in a meaningful way and normally have a triggering event
What types of disorders do special programs treat?
Sex offender, chemical dependency and personality disorders
What is the difference between specialized and forensically-relevant instruments?
Specialized forensic instrument- designed to assess for specific legal or clinical issues (e.g insanity or competency) Forensically relevant instruments- designed to focus on clinical issues, such as risk of future violence and psychopathy (both of which are common concerns in the legal system)
What are the criticisms of expert testimony?
Taking over the courtroom- replacing or influencing decision-making ability Ultimate Issue Controversy- expert gives a confusion and answers the ultimate legal question Corruption of science- the nature of the adversarial process corrupts the objective nature of science and introduces bias into scientific testimony
How can political or moral beliefs influence one's objectivity?
The expert's final opinion may be dictated before the evaluation ever takes place and objectivity is completely destroyed. Experts should consider the bias their personal, moral, and political beliefs may introduce and refuse cases in which this bias cannot be properly managed
Forensis is latin for "of the forum" - what was the forum?
The forum: A location in ancient Rome, where citizens resolved disputes, similar to a modern day courtroom, and conducted business of the day.
What is not an element of tort?
The harm must have a financial basis
How is the legal system an adversarial process?
The law uses the adversarial system, in which two opposing sides are assumed to use maximum effort to achieve victory. It is assumed that the truth will be revealed as a result of these 2 sides doing their best.
What is criminal profiling?
The process by in which characteristics of a crime and crime scene are collected and systematically organized to narrow down the potential suspects
Which is not apart of Daubert criteria?
The theory contains both specialized and technical knowledge
What are the advantages of a doctoral degree if seeking to become a forensic psychologist?
The title psychologist is reserved in most jurisdictions for those having a doctorate
What is therapeutic jurisprudence?
The use of social science to study the extent to which a legal rule or practice promotes the psychological well-being of the people it effects
What is the ethical problem with both consulting and assessing in the same case?
They are actively working for one side over the opposing side
What are the disadvantages of Joint-Degree programs if seeking to become a forensic psychologist?
Time, expense, and effort involved in obtaining two advanced degrees. They are competitive & take longer to obtain.
What is the basic structure of state courts?
Trial courts > appeals courts > state supreme courts
A forensic psychologists testifies that an examinee is guilty. This is an example of an ultimate issue testimony. (T/F)
True
Therapeutic jurisprudence refers to any manner in which the law can be helpful or harmful (T/F)
True
Third party info is crucial in forensic evaluations (T/F)
True
What is the primary difference between statutory law and case law?
When a state or the federal government enacts a law legislatively, it is referred to as statutory law. Case law is law derived by a courts interpretation of existing statutory law or instances in which no statute exists
What is validity?
accuracy of measurement, a measure cannot be valid unless it is reliable
What is reliability?
consistency of measurement, a measure can be reliable but not valid
What are the 3 types of interviews?
structured, semi-structured, unstructured, best approach is to use one of more of these
