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