Exam 2 Flashcards
(30 cards)
Jenkins v. United States (1962)
Allowed clinical psychologists to testify in court
Frye Standard
Pros and cons
Expert witnesses are admissible if the practice is accepted in its respective field
PRO: Keeps out junk science, requires minimal scientific sophistication from judges
CON: keeps out novel techniques, methods, and theories; could be accepted and unreliable
Prejudicial vs probative
Prejudicial- potential bias
Probative- proves a point or is useful
Daubert v. Dow (1993)
Experts may testify about scientific knowledge to assist the jury in understanding the evidence or determining a fact at issue in the case (scientific validity & relevance)
Daubert Criteria for admissibility
Four Factors
* Testing
* peer review
* error rates
* “acceptability” in the relevant scientific community
Three ways expert testimony can be challenged
- Cross-examination
- Opposing expert
- Judicial instructions
Main findings from Murrie et al., study
Adversarial allegiance is a threat to objectivity
Prosecution tends to have higher psychopathy findings in evaluations
Defense tends to have a lower score
What is adversarial allegiance?
Affiliation can lead to bias and influence the expert’s thoughts, feelings, and behavior in favor of the affiliation
What influences the credibility of expert testimony?
Dressing professionally, good eye contact, projecting, court familiarity, and maintaining composure.
*if local, actively practicing, testify for both sides, pro Bono, more credibility
What are the components of effective expert testimony?
4 Cs
* Clarity- jargon free
* Clinical knowledge- not just research
* Case-specific- relevant
* Certainty- confidence, not arrogance
Ethical considerations in expert testimony?
APA Ethical Principles (2002)
Competence (Staying within the scope of one’s practice)
Informed consent and confidentiality
Financial Arrangements
Avoid contingency fee relationships
Multiple relationships
What is syndrome evidence?
A profile of symptoms, based on clinical experience, not research behaviors, and characteristics used to explain criminal behavior
I.e., battered woman syndrome, rape trauma syndrome, child sexual abuse syndrome
Affluenza (made up ish)
What is psychopathy and what are some of the main characteristics outlined by Cleckley?
mental health condition characterized by persistent antisocial behavior, impaired empathy and remorse, and bold, disinhibited, and egotistical traits.
Cleckley: A psychopath can appear normal/engaging but wears a “mask” to conceal a mental disorder
Typical Characteristics:
Chronic behavioral deviance
Emotional- interpersonal deficits
Features of positive adjustment
Psychopathy versus anti-social personality disorder
Most psychopathy → ASPD; but few ASPD → psychopathy
General psychopathy ~ 1%
DSM doesn’t include everything
Not distinct borders, overlapping
Characteristics of the PCL-R
Hare Psychopathy Checklist-Revised
continuum, not an either-or
A score of 30+ indicates psychopathy
*based on white Canadians and Americans, must be adjusted culturally
Primary versus secondary psychopathy
Primary: low anxiety (genetic predisposition)
Secondary: high anxiety, learned adaptive behavior in response to environmental adversity
Psychopathy and aggression
Distinguished according to function
Instrumental (Proactive): violence with a clearly defined goal; planned (goal or reward)
Reactive: perpetrated our of emotion, prompted by provocation and negative affect; escape a threat (majority of violence)
Psychopathy and five factor model personality traits
Openness
Conscientiousness (Very Low- Disinhibition)
Extroversion
Agreeableness (Very Low– antagonism)
Neuroticism
Different explanations of psychopathic behavior in text
Triarchic Model of Psychopathy
Boldness- disinhibition- meanness
What is the role of adaptive features in anti-social behavior?
To put on a mask; to perform as normal to not raise suspension
Manipulation
Roll of psychopathy in the legal system
Increased since the 1990s
Assessment should be routine
Context: “Dangerous offender,” sexually violent predator,” capital sentencing hearings
Murrie et al. → adversarial allegiance
Prejudicial effect of the term on decision-makers
Violence risk assessment: What is violence?
Actual, attempted, or threatened physical harm of another person that is deliberate and non-consenting.
Assessment to see if behavior suggests intention of violence or causes fear
Court cases regarding violence risk assessment
Barefoot v. Estelle (1983) VRA admissible in court
O’Connor v. Donaldson (1975) must exhibit dangerousness
Schall v. Martin (1984) allows preventative detention with a high risk of future criminal conduct
Kansas v. Hendricks (1997), Kansas v. Crane (2002) SVP statutes and dangerousness determinations are constitutional
Tarasoff v. Regents of UC (1976) MH professionals have a duty to protect until public risk
Difference between clinical, actuarial, and structured professional approaches
Clinical- informal, subjective, 1-3 Accuracy
Actuarial (ARAI) - formal. algorithmic, objective {VRAG and COVR); group stats, not individual representation
Structured professional judgments- formal but flexible, based on empirical literature, risk factors, actuarial with clinical judgment
