The use of psychological knowledge or research methods to advise, evaluate, or reform the legal system.
Forensic psychology
A brief given to court based on research
Amicus Curiae: friend of the court.
It is reflected in shared cognitions, standard operating procedures, unexamined assumptions; the attitudes, values, beliefs, & behaviors shared by group.
Culture
Cultures differ in the amount of deference and obedience given to people in positions of authority. This construct is referred to as __ __.
Power Distance
Principle stating lower courts must follow decisions of higher courts by which they are bound.
Stare decisis
Ways Psychology Influences Law
a) 3 broad ways….
1) 5 more specific…
a) to advise, to evaluate, and to reform. (complimentary, not exclusive.
- Cross disciplinary training
- create Amicus Curiae Briefs
- Disseminate research findings.
- Influence legislature and help develop public policy.
- Expert testimony.
Use psychological knowledge to attempt to shape the trial process in ways that produce favourable outcomes for paying clients. Serve as advisers to the legal system; to question jurors to determine bias, for trial prep and strategy.
Trial consultants
A written argument presented to the court. May summarize findings and conclusions of research conducted by psychologists. Can also be vehicles for professional organizations.
Brief
The use of psychology to examine the operation of the legal system
Psychology and the law
The use of psychology in the legal system as that system operates
Psychology in the law
The use of psychology to examine the law itself
Psychology of the law
Expert witness
A witness who provides the court with information (often an opinion on a particular matter) that assists the court in understanding an issue of relevance to a case
Relating to the study or discovery of general scientific laws.
Nomothetic
A standard for accepting expert testimony , which states that expert testimony will be admissible in court if the basis of the testimony is generally accepted within the relevant scientific community.
General Acceptance Test
American standard of accepting expert testimony as valid. Name and list criteria.
- The Duabert Criteria
- The research on which it is based has been peer reviewed.
- The research is testable (falsifiable through experimentation)
- The research has a recognized rate of error
- The research adheres to professional standards
Canadian standard for accepting expert testimony. Name and list criteria.
- Mohan Criteria
- admissible if testimony is relevant
- is necessary for assisting the trier of fact
- does not violate any exclusionary rules
- is provided by a qualified expert.
- Experts must be independent (added later)
- Experts must be impartial (added later)
