Forensics Flashcards
What is forensic psychology?
It is the application of psychological knowledge and theories to all aspects of the criminal and civil justice systems, including the processes and the people
What kind of topics are studied as part of the ‘process’
Criminal Investigation
Pre trial
Trial
Post trial
What kind of topics are studied as part of the ‘people’
Victims of crime
Jurors
Offenders of crime
Judges
Police
Witnesses
What kind of sub topics are in the study of the process of criminal investigation
Profiling
Lie detection
Identification parade
Eyewitness testimony
Repressed / recovered memories
Interrogations and confession evidence
What kind of sub topics are in the study of the process of Pre trial
Competency to stand trrial
Pre trial publicity
Jury selection
What kind of sub topics are in the study of the process of Trial
Insanity plea / defence of mental illness
Expert evidence / judge warnings
Jury deliberation
Sentencing
What kind of sub topics are in the study of the process of Post trial
The prison experience
Treatment of offenders and risk assessment
Who were important people who allowed the development of forensic psyhcology in history
James Cattell (1895)
Alfred Binet (1900)
Von Liszt (1902); Stern (1910)
Julian Varendonck
Hugo Von Munsterberg
How did James Cattell contribute to the history of forensic psychology
He asked people to recall things that they witnessed in their everyday life, and found that answers were often inaccurate –> related to forensic psychology and the credibility of witnesses
How did Alfred Binet contribute to the history of forensic psychology
Showed children objects and then asked them questions about the object. He found that accuracy varied depending on type of question
He found that highly misleading questions resulted in children being misled and thus having poor accuracy
Binet made a study that proved that witnesses have a poor memory in regards to the events they witnessed, and thus their reliability may be questioned
How did Von Liszt and Stern contribute to the history of forensic psychology
Conducted “reality experiments” with staged events/crimes –> and then tested accuracy of what observers saw .
Showed that even the best forms of recollection still made a high degree of errors –> can eyewitness testimony still be trusted?
How did Varendonck contribute to the history of forensic psychology
He decided to test children’s memory for false events, and from this he was able to conclude that children’s memories were inaccurate and suggestive. This means increased susceptibility to suggestive questions –> unreliability of children’s testimony as well as being wary of leading questions in the court towards children
How did Hugo Von Munsterberg contribute to the history of forensic psychology
He is described as the father of forensic psychology. He called into question legal assertions that eyewitness memory is necessarily accurate. He wrote the book ‘ On the witness stand’ (1908)
However, he was very arrogant and critical of lawyers for their failure to recognise the value of psychology –> overstated his case. As a result, this prevented the development of the discipline for a few decades
What happened after Munsterberg published his book
Wigmore (law professor) criticised Munsterberg’s book –> major factor impact Munsterberg’s credibility in forensics,
WW1 prevented further research in Germany
Rise of behaviourism –> focus on theory not applied psychology
When did eyewitness research re-emerge again?
In the 1960s and 70s.
Who were the two key characters driving eyewitness research in the 60s and 70s
Robert Buckhout (wanted practical change and change in the legal system)
Elizabeth Loftus (focussed on theoretical perspective, and more on the malleability of memory)
What work do forensic psychologists do?
Work in policy units
Work in government research units
Work as academic researchers
Work in prisons designing and administering treatment programs
Help the police with investigations / advise on procedures/ employment matters
Evaluate mental health related claims for damages
Provide expert advice in court
What do psychological experts do?
Functions of an expert witness
Challenges of providing expert testimony
Admissibility criteria
Examples of expert evidence
What are the two functions of an expert witness?
Aid in understanding a particular issue relevant to a case, which the expert witness specialises in
Provide an opinion (can speculate) - which is unique
Note either side can ask for an expert witness. They can be clinical or academic psychologists
What are the legal system’s criticisms of psychology?
Lack of ecological validity (a measure of how test performance predicts behaviors in real-world settings) of psychological research
Psychologists become advocates and lose their objectivity (you can get hired by a defender or prosecutor, and its hard to be objective if they are the ones paying you)
‘It’s all common sense’
What is admissibility criteria?
Experts must satisfy judge that they have special knowledge above and beyond the jurors and that this experience will assist jurors –> often look to precedent
What is the admissibility criteria like in England & Wales?
Experts not commonly used because of the R v Turner (1975 case):
It suggests that just because experts are well qualified, doesnt mean they will be helpful to the jury, but thre is danger that the jury will think so and pay too much attention. Thus, ruled against accepting psychologists and psychiatrists as expert witnesses except when mental illness is an issue
Concluded that all other psychological knowledge is seen as common knowledge
However, recent relaxing of Turner ruling has allowed psychological experts to give evidence on issues other than mental illness
What is the admissibility criteria in Australia
Aus and aNZ are also constrained by the Turner ruling - especially the “common knowledge” ruling
Expert evidence relating to eyewitness testimony regularly disallowed.
However, the Evidence Act NSW (1995) abolishes the common knowledge rule
R v skaf (2006)
Psychologists allowed to give expert evidence regarding reliability of certain aspects of the eyewitness testimony - first time in NSW
Evaluate the use of fingerprint identification as a forensic technique
Fingerprint ID evidence has been analysed and used in court for 100+ years
First study to objectively investigate fingerprint id accuracy was published in 2011:
Overall fingerprint experts were very accurate but not perfect –> chance for mistaken sentencing
Experts tend to err on the side of caution by making judgements that would free the guilty
Occasionally make the error that leads to false convictions