Forensic Psychology Flashcards
(63 cards)
What did the 2017 ABS report were the 3 most common crimes?
Burglary, sexual assault and murder
What was the financial cost of crime in 2008?
36 billion
What are the four interrelated levels of Crime Theory?
Social/macro
Community/local
Group/socialisation
Individual
What are the four theories relating to individual crime theory?
Biological: 41% of genes influence behaviour
Functionary: role of selective pressure and adaptation
Learning: people learn to offence (operant and classic conditioning)
Psychodynamic: how the person interacts in their social context. Links with control theory; a personal needs attachment, commitment, involvement and belief in the law.
What are the levels of the State/Territory Courts?
Local/Magistrate’s court
District/County court
Supreme court
High Court
What are the levels of the Commonwealth Courts
Federal Magistrate’s Court
Federal Court and Family Court
High Court
What is the financial damages limit for a case to be heard in a Lower Court?
Less than $100,000
What is an indictable offence?
More significant offences tried by a judge/jury
What is a summary offence?
Dealt with at a local level, tried by a magistrate
If less than 8 people favour conviction, what is the likely ruling?
Not guilty
If more than 10 people favour conviction, what is the Kelly ruling?
Guilty
On what percent of cases will a judge have the same ruling as the jury?
78%
In 2007, what was the percentage of offenders with mental illnesses, and how does with compare with the general population
80% of offenders, 30% of general population
How over-represented are psychosis/depression and personality disorders in the criminal justice system
Psychosis and depression -2-4x
Personality disorders - 10x
How much more likely are offenders with a mental health disorder and drug abuse to reoffend within two years?
65%
When can a defence of insanity be used?
When the offender was not mentally well at the time of the offence. According to he McNaughten rule, they must not have been aware of the nature of their act, nor that it was wrong.
What is the history of the Mc Naughten rule?
McNaughten failed to assassinate Robert Peel in 1843. He used 750,000 pounds to hire barristers who argued that he was mentally unwell. He was acquitted and became a forensic patient.
When can Fitness to Stand trial e considered
If the offender is not mentally well at the time of the trial. If the accused is found unwell and cannot recover in 12 months, case is transferred to the Mental Health Review Tribunal. Guilty patients are hospitalised.
What does the Local Court Provision do?
Section 32 allows Magistrates to balance the need for punishment with the need for treatment. They can transfer a case to hospitalisation. This reduces the ‘revolving door’.
When can diminished responsibility be used?
In murder trials
What did Wexler and Winnick notice about the impacts of the legal system?
That they had unintended negative consequences by damaging the mental wellbeing of offenders.
In what cases do Drug Courts reduce recidivism?
When the offenders are medium-low risk
What are the four main reasons that Eyewitness Evidence may be wrong?
- People lie
- People get it wrong
- Eyewitness accounts are compelling
- Eyewitness errors are linked to erroneous convictions
What did the Innocence Report report as the four major causes of wrongful conviction?
Eyewitness misidentification
Invalid forensics
False confessions
Informants