Chapter 1

Question 1

On the witness stand- Hugo Munsterberg

Answer 1

Icy reception from legal scholars
-Founding father in psych in law
-Witness memory
-False confessions
-Jury decisions

Question 2

• Muller v Oregon

Answer 2

-Women work 1o hours
-came to a decision based on social scientific evidence of the brandies belief

Question 3

Brandeis belief

Answer 3

-Long hours for women affect their children as well
-Social scientific evidence in a legal case

Question 4

Natural law

Answer 4

judicial decisions were thought to reflect principles found in nature. Judges actively constructed law through interpretations of evidence and precedent

Question 5

The realist movement

Answer 5

an early example of the influence of psychology on the law.
Realists said that:
-Laws must continually be reexamined to make sure they serve society
-Law is a means to a social end and not an end in itself
-Law must be evaluated in terms of its effects
-few realists collabed w/ pschologists

Question 6

Brown v board of education

Answer 6

-First case to make use of research provided by social scientists
- dealt with The effect of segregation on kids education

Question 7

The American Jury book

Answer 7

How juries and judges came to their decisions

Question 8

The crime of punishment book

Answer 8

therapeutic methods to rehab criminals

Question 9

Psychs tells us how ppl ____ behave, law tells us how ppl ____ behave

Answer 9

1) actually
2) ought to

Question 10

Psych wants to _____ _____, law wants to _____ _____

Answer 10

1) find truth
2) render justice

Question 11

Cant receive perfect justice, so _____ ______is reached instead

Answer 11

approximate justice

Question 12

Scientific conclusions are not dichotomous, they are ______

Answer 12

Probabilistic

Question 13

Law based on _______, psych based on _____

Answer 13

1) authority
2) empiricism

Question 14

Roles played by psychologists in law

Answer 14

Advisors, evaluators, informers

Question 15

Advisor role

Answer 15

*Lawyer can hire clinical psychs to testify on an aspect of a case
they advise on Competency, and if the person is going to be dangerous

Question 16

Trial consultants

Answer 16

Advisor role
-help with jury selection, witness preparation, or trial strategy. In general, trial consultants use psychological knowledge to attempt to shape the trial process in ways that produce favorable outcomes for paying clients.

Question 17

Briefs

Answer 17

advisor role
-a written argument by a psych submitted to the court. Might might summarize the findings and conclusions of research conducted by psychologists

Question 18

Evaluation research

Answer 18

the effectiveness of every social program ought to be evaluated.
(trouble teen programs actually make them more likely to offend)

Question 19

Formative research

Answer 19

evaluator role
-provide ongoing information about a program’s effectiveness so adjustments can be made.

Question 20

Summative evaluations

Answer 20

evaluator role
-judge overall effectiveness and recommend whether a program should be continued or abandoned.

Question 21

Process of expert testimony

Answer 21

-Experts are called into court
-An attorney proposes for an expert to testify
-The judge wonders if its necessary
-Jury is the trier of fact: the jury that must listen to the evidence and decide on a verdict based on the facts presented at trial.

Question 22

Daubert v Merrell Dow Pharmaceuticals, Inc.

Answer 22

Judges must serve as gatekeepers for scientific testimony

Question 23

Four Daubert criteria

Answer 23

o the testability or “falsifiability” of the theory or technique
o whether the scientific findings have been subjected to peer review
o and whether the conclusions are generally accepted in the relevant scientific community.

Question 24

Daubert trilogy

Answer 24

• General Electric Co. v. Joiner (1997) and Kumho Tire Co. v. Carmichael (1999)
• Expanded gatekeeping role for judges

Question 25

What did Joiner say in Daubert trilogy?

Answer 25

appellate courts should defer to the trial judge’s ruling on the testimony

Question 26

What did Kumho say in Daubert trilogy?

Answer 26

the gatekeeping extended to all expert opinion

Question 27

Critics of the Daubert rules

Answer 27

• Judges had to be amateur scientists
• Weak evidence was accepted
• Most support the gatekeeping role, but most couldn’t explain the four criteria of the Daubert rules
• Judges base their ruling on the characteristics of the expert, not the evidence

Question 28

Three roles experts may assume

Answer 28

conduit-educator
philosopher-advocate
hired gun

Question 29

Conduit-educator

Answer 29

full and accurate picture of the psych research

Question 30

Philosopher-advocate

Answer 30

makes concessions to the adversarial climate of the courtroom and allows personal values to shape testimony

Question 31

hired gun

Answer 31

sell out to demands of courtroom

Question 32

o Amicus Curiae Briefs

Answer 32

friend of the court. Expert who don’t have direct involvement of the case educate the judge