Chapter 4: Consulting and Testifying

Question 1

Deposition

Answer 1

Proceedings during which potential witnesses are questioned by attorneys for the opposing side, under oath and in the presence of a court recorder, although typically away from the courtroom.

Question 2

Specialized courts

Answer 2

Courts that deal only with particular matters, Family matters, drug courts, mental health courts, sexual trafficking courts, and domestic violence courts are all examples.

Question 3

Civil case

Answer 3

Two or more parties (litigants) approach the legal system. Often seeking resolution of a dispute

Question 4

Criminal case

Answer 4

Involves an alleged violation of rules deemed so important that the breaking of them incurs society’s formal punishment, which must be imposed by the criminal courts

Question 5

Mental health courts

Answer 5

Possible solution to crime - typically minor crimes - committed by individuals with mental disorders
- These crimes are typically trespassing, burglary, public intoxication, petty larceny (shoplifting), or simple assault (shoving or hitting)

Most involve an immediate screening by a mental health clinician or team, which then makes a treatment recommendation to the presiding judge
- Defendants or their guardians may have to consent to go to this specialized court —> avoiding placement in a traditional jail setting is a strong incentive for doing so

Question 6

Four broad stages of the judicial process

Answer 6

1) pretrial
2) trial
3) disposition
4) appeals

Question 7

The pretrial stage

Answer 7

In general, a court’s first contact with a criminal case is either at the initial appearance or the arraignment

Question 8

Grand jury

Answer 8

A body of citizens (usually about 23 in number) that is directed by the prosecutor to weigh evidence and decide whether there is enough to charge a person with a criminal offense.

Question 9

Initial appearance

Answer 9

A court of appearance if an arrested individual is being held in jail rather than released or cited to appear in court at a later date. Its purpose is to review the need for continuing detention. However, it also may apply to the first proceeding before a judge, whether or not the individual was detained.

Question 10

Arraignment

Answer 10

Court proceeding during which criminal defendants are formally charged with an offense, informed of their rights, and asked to enter a plea.

Question 11

Pretrial hearings

Answer 11

Numerous decisions may be made during these hearings

They include whether evidence is admissible, a trial should be move because of extensive pretrial publicity, a youth should be transferred to juvenile court, a defendant is competent to stand trial, and bail should be denied because of the alleged dangerousness of the defendant

Question 12

Discovery process

Answer 12

The pretrial procedure by which one party in a civil or criminal case discloses to the other party information vital for their defense.

Question 13

Voir dire

Answer 13

A process through which the judge and attorneys question the prospective jurors and possibly disqualify them from jury duty. In some jurisdictions, the questioning can be done only by lawyers.

Question 14

Role of forensic psychologist at sentencing can be critical

Answer 14

May be asked to evaluate a defendant’s potential for responding favorably to such treatment

May be asked to assess the risk for violent behavior

Question 15

Presentence investigation (PSI)

Answer 15

Social history, typically prepared by probation officers, that includes information about the offender’s family background, employment history, level of education, substance abuse, criminal history, medical needs, and mental health history. Used by courts for sentencing purposes.

Question 16

Trial consultants

Answer 16

Also called litigation consultants. Professionals, often but not necessarily psychologists, who assist lawyers in such tasks as selecting jurors, preparing witnesses to testify, and identifying effective strategies for the cross-examination (Ex: of children).

Majority of them are psychologists

Question 17

Two main areas in which trial consultants work

Answer 17

Jury selection

Assisting the lawyer during the trial process
- Help attorneys at a variety of trial-preparation tasks, such as preparing witnesses and making decisions about particular trial strategies.

Question 18

Witness preparation

Answer 18

Trial consultant may coach an individual in how to be a persuasive, confident witness
- Rehearsal of one’s testimony during witness preparation is likely to increase one’s confidence in that testimony —> confidence and accuracy do not necessarily go hand in hand

Question 19

Daubert standard

Answer 19

Guide to help determine whether expert scientific testimony meets criteria established by the U.S. Supreme Court for reliability and relevance.

Replaced an earlier standard (announced in Frye v. United States, 1923)

Question 20

General acceptance rule

Answer 20

Standard for admitting scientific evidence into court proceedings that allows it if it is generally accepted as valid in the scientific community. This was the essence of the Frye standard that dominated in courts until the late 20th century.
- The expert’s evidence must have been gathered using scientific techniques that had reached a general acceptance in the science field

Question 21

Why did the Frye standard lose support?

Answer 21

Over the years, the Frye standard lost favor because it was considered too strict, presenting an obstacle to the introduction of evidence that had not yet reached “general acceptance”

Question 22

What must evidence be?

Answer 22

Evidence must be relevant, reliable, and legally sufficient

Question 23

The Daubert case applies to

Answer 23

Federal courts

Question 24

When do judges apply the Daubert standard?

Answer 24

Judges typically apply the Daubert standard only when an attorney challenges the introduction of the evidence

Question 25

Ultimate issue

Answer 25

Final question that must be decided by the court. For example, should the expert provide an opinion about whether the defendant was indeed insane (and therefore not responsible) at the time of their crime?

Question 26

The assessment of risk

Answer 26

Forensic psychologists are very often asked to predict the likelihood that a particular individual will be “dangerous” to themself or to others.

Question 27

Actuarial risk prediction

Answer 27

Numerical and quantitative

It’s a set list of risk factors that are weighted

Question 28

Clinical risk prediction

Answer 28

Involves intuition, personal judgment, and personal experience

Question 29

Structured professional judgment (SPJ)

Answer 29

Relevant to risk assessment, it refers to a mental health practitioner assessing the likelihood of violence by using clinical judgment aided by guidelines. Some risk assessment instruments are developed based on the premise that SPJ has more validity than - or at least as much as - actuarial risk assessment.

Question 30

Dynamic risk factors

Answer 30

Aspects of a person’s developmental history that change over time, such as attitudes, opinions, and knowledge.

Question 31

Static risk factors

Answer 31

Aspects of a person’s developmental history that place the person at risk for antisocial activity but that cannot be changed. Examples are parents with a history of criminal activity or the person’s own early-onset of criminal offending. Also called historical factors.

Question 32

Stable dynamic factors

Answer 32

Although they are changeable, these factors usually change slowly and may take months or even years to change.

Question 33

Acute dynamic factors

Answer 33

Psychological characteristics that change rapidly (within days, hours, or even minutes) and include such things as mood swings, emotional arousal, and alcohol or other drug-induced effects.