Chapter 19 Forensic Psychology

Chapter 19: Forensic Psychology : 

Chapter 19: Forensic Psychology http://www.youtube.com/watch?v=Tn53wwjiC5w&feature=related

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Forensic Psychology – subspecialty that focuses on applying psychological concepts and methods to questions/problems arising within the context of the legal system. Major Activities: - Expert Witness - Criminal Cases - Civil Cases - Rights of Patients - Predicting Dangerousness - Psychological Treatment - Consultation - Research Forensic Psychology

Professional Issues : 

Professional Issues Training – should give students a familiarity with legal tests and concepts, proper assessment, knowledge of relevant literature, and an orientation to the courtroom. Ethics and Standards – code of the American Academy of Forensic Sciences stresses (a) completeness and accuracy in stating one’s professional qualifications, (b) technical and scientific accuracy and honesty in reports and testimony, and (c) impartiality.

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1962, Jenkins v. United States – held for the first time that psychologists who were appropriately qualified could testify in court as experts on mental disorder Forensic Work: Expert Witness 1993, Daubert v. Merrell Dow – the burden now falls on the judge to determine what expert evidence is admissible. Experts are not allowed to state opinions that are the legal prerogative of the jury.

Major Activities: Expert Witness : 

Major Activities: Expert Witness Expert witness – an individual who, by his or her unique profession, training, or experience, is called on to help the court understand and evaluate evidence or offer opinions and inferences on an issue. The bases of clinical psychological expertise include (a) education, formal training, subsequent learning; (b) relevant experience, including positions held; (c) research and publications;(d) knowledge and application of scientific principles; (e) use of special tests and measurements.

Major Activities: Expert Witness : 

Major Activities: Expert Witness Dahmer trial: Judith Becker, Ph.D. Expert Witness Testimony http://www.youtube.com/watch?v=xi7LMtc1TuU&feature=related

Major Activities: Criminal Cases : 

Major Activities: Criminal Cases Competency to Stand Trial – the defendant’s state of mind at the time of trial (present mental state).- raised more often than insanity defense- Dusky vs. United States (1960) set the standard. To be deemed competent, it must be shown that: the defendant appreciates the nature of the charges can report on his or her behavior at the time of the alleged offense, has a basic understanding of the court proceedings, is capable of cooperating with his or her attorney.

Competency to Stand Trial : 

Competency to Stand Trial http://www.youtube.com/watch?v=69sviIUBXhA

Major Activities: Criminal Cases : 

Major Activities: Criminal Cases Insanity plea – the assertion of someone accused of a crime that he or she was not “sane” or rational at the time of the alleged crime. Burden of proof on the defense. If this plea is successful, an individual is regarded as not responsible for his or her actions and is held for treatment rather than punishment.

Major Activities: Criminal Cases : 

Major Activities: Criminal Cases Insanity Defense: Oconomowoc http://www.youtube.com/watch?v=LHARl7Ma4o8&feature=related

Insanity Plea : 

Insanity Plea Plea for Insanity Defensehttp://www.youtube.com/watch?v=kD1uGZdBhn0&feature=related

Legally - Insanity been defined… : 

Legally - Insanity been defined… M’Naghten rule – 1843 – “right-wrong” rule - requires the defense to prove that at the time of the unlawful act, the defendant’s reasoning was so impaired by “a disease of the mind” that she either did not appreciate what he or she was doing OR did not comprehend that her actions were wrong.- 50% of States added Irresistible Impulse to supplement Durham standard – 1954–1972 - legal standard for insanity developed by Judge David Brazelton of the U.S. Court of Appeals. Argued M’Naughten rule was outdated. Standard, unfortunately, weighted testimony of expert mental health professionals unduly. - Two-question test: 1) did the defendant have a mental disease or defect? AND (2) if so, was the disease or defect the reason for the unlawful act?” Insanity Defense: http://www.youtube.com/watch?v=fdHJ0XNeR14&feature=related

Major Activities: Criminal Cases : 

Major Activities: Criminal Cases American Law Institute Test – Model Penal Code Standard – allows for degrees of incapacity. - attests that the defendant is not responsible for an unlawful act if it resulted from a mental disease or defect such that he or she lacked substantial capacity either to appreciate the criminality of the act (a cognitive deficit) OR to control one’s behavior (a volitional deficit). Hinckley case changed Judicial scene substantially: .

Hinckley Case : 

Hinckley Case

Hinckley Case : 

Hinckley Case

Major Activities: Criminal Cases : 

Major Activities: Criminal Cases Hinckley case changed Judicial scene substantially: Insanity Defense Reform Act of 1984 Encourage a return of the M’Naghten rule Supreme Court’s ruling that it is constitutional to automatically and indefinitely confine someone who is acquitted of a crime as the result of an insanity plea “Guilty but Mentally Ill” (GBMI) was introduced – if convicted sent to psychiatric facility for treatment; if sanity emerges, sent to prison. Burden of proving the defendant’s insanity on the defense rather than requiring the prosecution to prove the defendant’s sanity.

Major Activities: Civil Cases : 

Major Activities: Civil Cases Commitment to Mental Institutions - Voluntary commitment – the circumstances in which the individual agrees to be admitted to a psychiatric hospital and is permitted to leave at any time. - Involuntary commitment – hospitalization that occurs against the will of the individual. (202A in Kentucky) General Non-state Specific Criteria: (a) is dangerous to self or others; (b) is so disturbed or disabled as to be incapable of making responsible decisions about self-care and hospitalization (c) requires treatment or care in a hospital. (d) No less restrictive alternative is available.

Involuntary Commitment : 

Involuntary Commitment Mark Gouldston, MD on Brittany Spears and Involuntary Hold http://www.youtube.com/watch?v=nMrq0Wczc6Y

Major Activities: Civil Cases : 

Major Activities: Civil Cases Domestic Issues – child custody, parental fitness, visitation rights, child abuse, juvenile misbehavior, and adoption are but a few of these issues. Today, the doctrine of the “best interests of the child” always takes precedence in custody disputes. The present norm is joint custody – an arrangement in which both parents share in the custody of a child following divorce. Many “joint custody” arrangements are determined informally by the parents; formal court orders tend to be issued only in cases where the parties could arrive at no satisfactory agreement on their own.

Major Activities: Rights of Patients : 

Major Activities: Rights of Patients Beginning in early 1970s, courts have held that patients who are involuntary hospitalized have a constitutional right to individualized treatment that offers them a realistic chance for “cure” or at least improvement. Additional rights and standards involve the physical environment, personal clothing, and personal activities. Involuntary labor is prohibited and when labor is undertaken voluntarily, appropriate wages must be paid.

Charles Manson Parole Hearing : 

Charles Manson Parole Hearing Charles Manson 2007 Parole Hearing: http://www.youtube.com/watch?v=oNwXKp8VlO4

Major Activities: Predicting Dangerousness : 

Major Activities: Predicting Dangerousness Research suggests that the following types of predictions of violent behavior are likely to be the most accurate: 1. Predictions for the near, short-term future. 2. Predictions for the same setting or circumstances that the clinician already has historical data on 3. Predictions based on the clinician’s knowledge of the individual’s past history of violent behavior. 4. Predictions for individuals from groups with relatively high base rates of violent behavior.

Predicting Dangerousness : 

Predicting Dangerousness Dr. Welner: http://www.youtube.com/watch?v=V6AXJJoKZ_8&feature=related

Major Activities: Psychological Treatment : 

Major Activities: Psychological Treatment Prisoners have the right to medical treatment - psychological treatment for severely disturbed mentally Juvenile prisoners generally have the right to both psychological and medical treatment.

Major Activities: Consultation : 

Major Activities: Consultation Jury selection – process in which attorneys for the prosecution and defense choose jurors for a case from a larger pool of possible jurors. Forensic psychologists may be consulted to assist attorneys come up with a theory for jury selection, to improve the skills of the attorney. Jury shadowing – process of hiring individuals similar to those who are serving on a given jury and monitoring their reactions to the testimony as it is presented at the trial. The reactions of the shadow jurors are used to anticipate the reactions of the actual jurors and may serve as the basis for a shift in courtroom strategy.

Major Activities: Consultation : 

Major Activities: Consultation Public Opinion Surveys Witness Preparation – helping witnesses present their testimony more effectively without changing the facts to which their testimony is directed. Forensic psychologists may be consulted to assist with preparing them for the sheer experience of being a witness in the courtroom; making recommendations as to their appearance, the manner in which they present facts, etc. Convincing the Jury