Test 1: Class notes Flashcards Preview

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Flashcards in Test 1: Class notes Deck (28):
1

Ekman & O'Sullivan

Who can catch a liar?
Nurses see scene, told to tell truth or lie about it
Evaluated
No one was very good at detecting lies (except, maybe the secret service)

2

McNaughten rule, 1843

If individual has no more capacity than a beast, they cannot be considered guilty
Very early form of forensic psychology

3

Freud, 1906

If you watch someone and question them correctly, you can figure out if they are guilty

4

Munsterberg

Father of applied psychology
Thought legal system should consult psychologists to gain insight on accused

5

Munsterberg: Illusions

You can be deceived by illusions, making you see something different than there actually is

6

Munsterberg: The Memory of the Witness

Conditions when memory is unreliable
ie. when you are robbed, hard to remember what exactly was taken

7

Munsterberg: The Detection of Crime

Word association technique to determine if someone was lying
Critical item related to crime and measure RT

8

Munsterberg: The Traces of Emotion

Use measurements of autonomic responses

9

Munsterberg: Untrue Confessions

Criminal profiling
People falsely confess for notoriety
Want to protect public from actual criminal

10

Munsterberg: Suggestions in Court

Research on suggestibility of questions

11

Munsterberg: Hypnotism and Crime

Mesmerism
Techniques for suggestion
Perhaps hypnotize someone to do a crime for you

12

Munsterberg: The Prevention of Crime

Broken window effect
Eugenics (able to look at people and use specific characteristics to determine if they are likely to commit crime)
Them (bad people) and us (good people)
Those who confess are good as they have remorse

13

Yellow psychology

Moore, 1907
Does not necessarily have basis, biased

14

Brown v. Board of Education, 1954

Anti-desegregation case that went to SC and cited psychological research

15

Jenkins v. US, 1962

On appeal, court ordered that psychologists can render expert testimony on mental disorders
Before, not considered experts on mental illness in court

16

Frye Criterion

For expert testimony to be used in court, precedent
General acceptance in particular field (up to judge)

17

R v. Mohan, 1994

Evidence must be relevant and make facts of case more or less likely
Evidence must be necessary for assisting trier of fact
Evidence must not violate any rules of exclusion
Evidence must be provided by qualified expert (training, experience, research)

18

R v. McIntosh and McCarthy, 1997

Issue of cross-race identification - people are worse at correctly identifying others of different race

19

Tanford, 1990
How judges perceive the world

Judges are conservative and perceive social scientists as liberal
Self-confident, don't think they need assistance from non-lawyers
Perceive science as threat to power

20

Murrie et al. 2013
Are forensic experts biased by the side that retains them?

Gave experts 4 cases, varying sides, and told them to rate chance of reoffending
Clear bias towards side that hires them

21

Mossman - damage to forensic psychology field

Went through cases
Found 45 cases where judges referred to expert witnesses as hired guns, whore, prostitute
Disagreed with their place in trial

22

Dual role of psychologists

Two relationships with client
Doctor relationship, as well as reporting to parole board
Difficult because trying to help patient but also need to make honest report of hour patient is doing

23

Trial consultants

Make lots of money
No licensing, no regulation, no fees - just need client
Identify psychological issues, prepare witness (to avoid perjury by lawyer, buffer), advise on response to opposing experts, advise on jury selection, give opinion on quality of psychological evidence

24

Amicus curiae

Someone who is not a party to a case and is not solicited by a party, but who assists a court by offering information that bears on the case

25

Clark and Clark, 1952

Gave kids from segregated and unsegregated communities a doll, asked questions
Unsegregated communities were less likely to say that black doll looks nice, more likely to say it looks bad, and less likely to say it looks like them than in segregated communities
Clark and Clark said that this is because children in segregated communities are so defeated that they couldn't use the defence that they aren't black
Cannot determine if this is an advocacy brief or a science-translation brief - bias in explaining data

26

Kinds of expert witness testimony (3)

1. Conduit - educator - best type of witness, ideal, ethical
2. Philosopher ruler - sure thing is right, regardless of evidence, biased
3. Hired gun - whore for defence

27

Kassin et al. 1989

Surveyed 63 respondents (PhD, doctoral students, MD)
Overall had 478 testimonies in court
Agree to testify for prosecution more than the defence, but asked by defence more often
Should testify if field knows something that triers do not know
If something is common sense and research fails to support it

28

Elliot Guidelines, 1993

Directly against Kassim, 1989 and Munsterberg
Should check testimony for file drawer effects (research that was not completed that might be contradictory - should be discounted) and ecological validity (studies control for confounding variables, which are lesser variables in real life)
If we are careful with what we say, forensic psychologists will be called on much less frequently, but will be more important - not considered whores