Midterm Flashcards
(111 cards)
Results of State v. Driver case
the first court case in the US where epxert testimony is provided by a psychologist. However the full testimony of the psychologist was not considered
Results of Jenkins v. United States case
court ruled that some psychologists are qualified to give expert testimony while others arent
why was the progess of psychologist expert testimony slower in canada
because canada had different educational standards for psychologists. they were not required to get a PHD and a masters degree was enough
What was Von Scherenck-notzings contribution?
testified as an expert on child suggestibility
what did cattell’s research prove?
the accuracy of everyday observations/ eye witness testimoy
what did binet’s research prove?
suggestibility of children
what did stern’s research prove?
the eyewitness “reality experiment”
participants were exposed to staged events and aske to recall what happened to the expeirmenter after the event was over. they found that the testimony of the participants was incorrect and the testimony was the worst around the part where the staged actors revealed a gun
Clinical forensic psychologists
broadly concerned with the assessment and treatment of mental health issues as they pertain to the legal system
Forensic psychiatry:
A field of medicine that deals with all aspects of human behaviour as it relates to the law or legal system
experimental forensic psychologists
concerned with mental health issues as they pertain to the legal system, and they can be found in a variety of criminal justice settings
Psychology and the law:
The use of psychology to examine the operation of the legal system
Psychology in the law:
The use of psychology in the legal system as that system operates
Psychology of the law
The use of psychology to examine the law itself
two primary functions of expert testimony
Aid in understanding a particular issue relevant to the case
Provide an opinion
general acceptance test
In order for novel scientific evidence to be admissible, it must be established that the procedures used to arrive at the testimony are generally accepted in the scientific community
Daubert Criteria
Be peer reviewed
Be testable (falsifiable through experimentation)
Have a known error rate
Adhere to professional standards
In America Testimony is admissible if it is:
- Provided by qualified expert
- Relevant and
- Reliable, as determined by the Daubert criteria
Mohan Criteria
o Must be relevant
o Must be necessary to assist the trier of fact
o Must not violate any rules of exclusion
o Must be provided by a qualified expert
duty to warn
if someone you are talking to says that they will seriously harm someone. Then you have a duty to call 911 and warn the person that the offender is going to say they are going to harm
results of Wenden v. Trikha case
Duty to warn
results of R. v. Hubbert case
Jurors are presumed to be impartial (press limitations)
results of R. v. Swain case
NcR changed from insanity defense
results of R. Levogiannis case
- children can testify behind screens
results of R .v. Gladue case
-sentencing for Indigenous offenders
keep indigenous history in mind when sentancing offenders