Term
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Definition
State-- state laws, some disputes between state residents
Federal-- constitutional issues, federal criminal and civil laws, disputes between state residents, disputes between US citizens and other countries |
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Definition
-hear cases appealed by lower courts
-highest level--> supreme court |
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Definition
-appointed by the president
-serve for life
-chief justice elected by the president |
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Term
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Definition
-choose the cases they want to hear
-habeas corpus petitions
-usually take a long time to get seen
-only see 150-200 cases per year
-9 justices |
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Term
| Intermediate Appellate Courts |
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Definition
-2nd highest level
-12 regional circuit courts of appeal
-5-28 judges
-meet in panels of 3 judges
-review decisions for federal district courts
-rule on law, not fact (misapplication or violation of the law) |
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Term
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Definition
-94 US district courts
-handle most of cases
-at least one court in each state (Cali, TX, and NY each have 4) |
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Definition
| the areas over which a specific court has control |
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Term
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Definition
two courts share jurisdiction-- state and federal
-prosecutors or plaintiffs can choose where to file |
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Term
| When do state and federal courts intersect? |
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Definition
| -when a case moves from state to federal |
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Term
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Definition
law suits or dispute resolution
-injunctions, protective orders, damages or losses suffered
-punishment tends to be monetary
-doesn't have to be law, just wrongdoing |
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Term
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Definition
violation of the law
-punishment imposed by criminal court
-action must be against some some law already in existence
-gov brings case against the individual accused of breaking the law |
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Term
| 4 Stages of the Judicial Process |
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Definition
1-- pretrial
2-- trial
3-- disposition
4-- appeals |
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Term
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Definition
-1st court appearance after 24 hours in custody
-formal accusation
-preliminary hearing
-plea given
-conditions of release |
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Term
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Definition
| formal accusation from the grand jury |
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Term
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Definition
| when the grand jury is not available the judge makes a decision |
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Definition
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Term
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Definition
-guilty
-not guilty
-NGRI
-nolo contendere |
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Term
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Definition
| deny bail to ensure the person is present for trial |
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Term
| Plea Bargains/Negotiations |
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Definition
| up to 90% of cases are ended with a guilty plea |
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Term
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Definition
-both sides exchange information about the case
-depositions are collected
-most psychologists come into play at this stage of the pretrial |
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Term
| Role of Psychologists in Pretrial |
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Definition
-expert testimony
-competency to stand trial
-CR or MSO evaluation-- NGRI cases
-scientific jury selection
-case preparation
-transfer of juvenile case to an adult court |
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Term
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Definition
-opening arguments
-presentation of evidence
-cross-examination of witnesses
-summation of cases
-judges instructions to jury
-jury deliberation and verdict |
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Term
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Definition
| no jury, the judge makes the determination of a particular case |
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Term
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Definition
| involves a panel of citizens that reach a judgement of a particular case |
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Term
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Definition
| formal process of jury selection |
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Term
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Definition
| limited number of reasonless dismissals of potential jurors |
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Term
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Definition
| a specific reason is cited for removing a potential juror |
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Term
| Verdict for Criminal Case |
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Definition
| prove beyond a reasonable doubt |
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Term
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Definition
preponderance of evidence
-clear and convincing evidence |
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Term
| Role of Psychologist in Trial Stage |
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Definition
-voir dire
-expert witness--> criminal responsibility, eyewitness testimony, emotional state of litigant |
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Term
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Definition
criminal-- decision is made as to how to punish the guilty party
civil-- specifies the remedy for the plaintiff - usually monetary comp. |
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Term
| Role of Psychologists in Disposition Stage |
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Definition
-testimony often used when deciding punishment
-future danger to society?
-testimony considered when determining the level of psychological harm in a civil case |
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Term
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Definition
-everyone is permitted ONE appeal by law
-usually involves problems with the trial itself
-can involve appeal of sentence--> too harsh or too much money |
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Term
| Role of Psychologist in Appeals Stage |
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Definition
-mistakes in testimony
-amicus-curiae briefs-- friend of court--> filed by an interested party who did not directly participate in the trial |
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Term
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Definition
-sometimes filed by the APA
-approximately 38 filed in US Supreme Court cases |
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Term
| 2 Types that APA files Amicus Briefs for... |
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Definition
-decisions that will impact the practice of psychology
-decisions that psychologists may have important information about |
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Term
| Boy Scouts of America vs. Dale |
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Definition
-cannot exclude based on sexual orientation
-sexual orientation is no longer looked at as a disorder
-homosexuals do not differ in their ability to parent |
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Term
| Scientific Jury Selection |
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Definition
-application of social science techniques in an effort to find a jury that will be favorable to one's case
-attitude surveys--> change of venue
-interview community members |
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Term
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Definition
-help attorney's prepare a witness to testify and help determine strategies for presenting evidence and persuading jurors
-very controversial |
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Term
| 3 Components of Witness Preparation |
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Definition
-witness education
-attorney education
-modification of testimony delivery |
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Term
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Definition
| -assist the judge or jury in making decisions on matters that are beyond the scope of knowledge of a typical layperson |
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Term
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Definition
-must have appropriate credentials
-discretion of the trial judge
-they sometimes prefer psychiatrits and are subject to review by appellate courts
-can vary by state |
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Term
| Legal Standards for Admission of Scientific Evidence |
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Definition
| -when evidence is challenged, judge must decide of evidence is RELIABLE, LEGALLY SUFFICIENT, and RELEVANT to the case at hand |
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Term
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Definition
-general acceptance no longer a NECESSARY condition
-states that judge is the gatekeeper who must evaluate and decide whether it should be admitted
-states can adopt their own rules of evidence admission |
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Term
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Definition
-confidentiality is not absolute in the courtroom
-need to know your "client"
-inform them about the purpose of the evaluation and their legal rights |
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Term
| 3 Situations Where Confidentiality May Be Broken... |
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Definition
1. Harm to self.
2. Harm to others.
3. Child abuse, sometimes else abuse as well |
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Term
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Definition
-depends on the state
-tarasoff requirement |
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Term
| Patient-Therapist Privilege |
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Definition
-some instances where confidentiality must be broken
-client sues therapist |
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Term
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Definition
-used to be called a "prediction of dangerousness"
-new term acknowledges that psychologists are providing a probability statement about behavior |
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Term
| What psychologists assess in Risk Assessments... |
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Definition
-level of risk
-risk factors
-potential interventions |
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Term
| Surviving the Witness Stand... |
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Definition
-try to observe other expert witness
-pretrial preparation
-take your time
-pay attention to non-verbal behavior
-differences of opinions are OK!
-know your field
-know reliability/validity measures
-watch your words |
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Term
| Risk Assessment Instruments |
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Definition
-instruments designed to examine sexual and violent offending
-identify key variables that are associated with the behavior of concern
-research shows the usefulness of both actuarial and clinical data |
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Term
| People Involved in Mental Health Evaluations... |
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Definition
-psychologists
-psychiatrists
-psychiatric social workers |
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Term
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Definition
fabricating or exaggerating the symptoms of mental or physical disorders for a variety of "secondary gain" motives
-mentally handicapped can do it
-civil and criminal can be equally motivated |
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Term
| Assessment of Malingering |
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Definition
| malingering should ALWAYS be evaluated in every type of forensic mental health assessment |
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Term
| How to Assess Malingering |
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Definition
-Test of Memory and Malingering (TOMM)
-MMPI-2-RF
-Million Clinical Multiaxial Inventory
-Rogers Criminal Responsibility Assessment Scale |
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Term
| Preventative Detention Outcomes |
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Definition
-bail
-release on recognizance
-post a property bond
-jail until trial |
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Term
| Competency to Stand Trial |
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Definition
-refers to defendent's ability to understand the nature and pupose of court proceedings
-relevant in EVERY stage of the criminal justice process
-present state, not past mental state |
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Term
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Definition
-for juveniles
-competency to proceed
-decisional competency |
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Term
| Competencies the Criminal Suspect Must Possess... |
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Definition
-waive Miranda rights
-plead guilty
-dismiss cousel
-stand trial
-serve a sentence
-be executed
-competence to confess
-competence to refuse insanity defense |
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Term
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Definition
-people often have a previous history or current symptoms of mental health difficulties
-often evaluated in a hospital or jail seeting, outpatient evaluations are increasing |
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Term
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Definition
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Term
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Definition
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Term
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Definition
-ask about the proceedings
-ask open ended questions about the charges and outcomes
-legal questions
-assess reasoning as well as knowledge
-structured interview |
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Term
| Competency Screening Test |
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Definition
| sentence completion test that taps defendent's knowledge about competency to stand trial |
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Term
| Georgia Court Competency Test |
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Definition
| short tests that are used primarily as screeners |
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Term
| MacArthur Competency Assessment Tool- Criminal Adjudication |
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Definition
vignettes decribing a situation where a person is charged with a crime and asks about their own situation as well
-believed to be superior to other instruments |
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Term
| Special Considerations... |
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Definition
-mental retardation- not automatically incompetent
-communication deficits- does not generally mean incompetent
-amnesia- not automatically incompetent
-forced medication- if not less intrusive means of restoring competence available and if meds aren't detrimental |
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Term
| If someone is competent... |
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Definition
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Term
| If someone is incompetent... |
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Definition
-if potentially restorable, treatment for 6 months-1 year, then retried when deemed competent
-if unrestorable, civil commitment proceedings |
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Term
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Definition
| -15-20% of defendents referred for competency evaluations are found incompetent--> mental disorder alone is NOT sufficient |
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Term
| Qualities of Most Incompetent Defendants |
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Definition
-low education
-low IQ
-poor social ties
-severe mental disorders--> schizophrenia is the most common
-exhibit psychotic symptoms |
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Term
| Restoration of Competence |
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Definition
-usually involves drug administration--> antipsychotic or psychoactive
-education about legal system
-help streghten decision skills
-some are treated the same as someone hospitalized for mental health issues |
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Term
| Dispositoin of the Incompetent Defendent |
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Definition
-if competence is restored, they return to criminal court
-if not, they cannot be held indefinitely for being unable to restore their competence, but they can be civily commited to a mental institution
-there are limits of confinement for those who are incompetent |
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Term
| Drug Treatment in Competency |
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Definition
-psychoactive drugs often have unwanted side effects-- often kept on drug while on trial
-problem--> the defendent needs the drug to remain competent, but it can affect their ability to participate |
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Term
| Juvenile Delinquency Stats |
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Definition
-2.5 million juveniles are arrested by police each year
-15-19% of juveniles are referred to court by other sources (parents, school, social agencies...)
-juveniles are more likely to come into contact with the system now, than in the past |
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Term
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Definition
-may be their own court system or a part of the "family court" system
-In Ohio, most counties have their own juvenile court
-often much more informal than criminal courts
-forensic psychologists may be involved at any stage of the judicial process in juvenile court |
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Term
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Definition
| institutions that strived to protect, educate, and nurture neglected children as well as delinquents |
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Term
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Definition
-intended to give first time offenders a second chance, no rehab or treatment
-a lot of abuse |
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Term
| The Need for the Separation of Courts |
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Definition
-kids have less cognitive and emotional maturity
-less ability to make decisions and be held accountable for their actions
-higher need for protection
-more vulnerable to exploitation an/or abuse |
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Term
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Definition
-establsihed in 1899
-Illinois
-children were believed to need protection, to be less accountable for their crimes than adults, and to be more amenable to treatment |
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Term
| Change to Juvenile Courts in the 1960s |
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Definition
-courts became more formal
-rights of juveniles were more recognized
-became based on parens patriae |
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Term
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Definition
decision about the case is made
--> dismiss, handle informally, or formal court process |
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Term
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Definition
| juvenile is referred to a structured program instead of court |
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Term
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Definition
| formal document that states the allegations/charges against the juvenile and asks the court to provide a judgment about the charges |
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Term
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Definition
-juveniles is detained to prevent them from committing future offense
-jail or juvenile detention center |
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Term
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Definition
-prosecutor's request to transfer the case to adult court
-bindover |
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Term
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Definition
-juvenile equivalent of adult trial court
-the trial is done by the judge only |
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Term
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Definition
-BOTH juvenile and adult court penalties are placed on the juvenile
example-- counseling and probation |
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Term
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Definition
-juvenile equivalent of adult parole
-juvenile parole |
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Term
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Definition
-juveniles have a right to a hearing before the case is transferred to adult court
-right to have an attorney present at the hearing and the right to challenge the transfer |
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Term
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Definition
-right to have written notice of charges against them
-right to confront and cross-examine witnesses
-provelege against self-incrimination
-right to lawyer to aid in their defense |
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Term
| Helpful Things for the Assessment of Juveniles |
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Definition
-adolescent mistrust and defensiveness may make the individual appear emotionally colf and lacking remorse
-often reluctant to provide or discuss information that may help the defense
-potential for serious psychopathology
-developmental maturity-- it is OK to be incompetent as a child because of the lack of maturity |
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Term
| Assessment of Competence to Waive Rights |
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Definition
-many juveniles do not understand their constitutional rights
-the psychologist must be educated in law, decision making, and adolescent development
-often times they waive their constitutional rights--similar to adults and are encouraged to cooperate by parents |
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Term
| Constitutional Rights of Juveniles |
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Definition
-privelege against self-incrimination-- right to choose not to answer police questions and do not have to take the stand during trial
-right to an attorney--right to have an attorney present during questioning and right to aid of counsel during proceedings |
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Term
| Miranda Rights and Juveniles |
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Definition
-juveniles under 14 did not understanf their Miranda rights or the implications
-some states give a simplified Miranda warning for juveniles |
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Term
| Competency to Waive Miranda Rights |
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Definition
-comprehension of Miranda Rights--> recognition, comprehension of vocabulary, and function of rights
-standardized test of cognitive ability
-personality inventory
-review records
-interview the individual and other related persons |
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Term
| Juveniles and False Confessions |
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Definition
| -juveniles may confess to crimes they did not commit--can occur for a variety of reasons and clinicians need to be aware that this can happen |
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Term
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Definition
-believed that suggestibility may be one reason that juveniles make false confessions
-also thought that age was related to suggestibility
-69% fakseky confessed
-4% made up information
-15-16 y.o.s gave more false confession when false evidence was presented
-the younger children made more false confessions whether there was false evidence provided or not |
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Term
| Evaluating Adjudicative Competence |
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Definition
-trying an individual who is incompetent is a violation of due process of the law
-competency to stand trial is assessed according to the Dusky standard-- the competency to proceed and decisional competency
-juveniles appearing in the courtroom are more likley to be mentally handicapped, have more metnal health problems, and social immaturity
-some states don't condider juvenile competency |
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Term
| Amenability to Rehabilitation |
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Definition
-juveniles present treatment needs
-determine types of services are most likely to be beneficial
-examine the likelihood that the juvenile will respond to trial
-requests for these evaluations often occur in waiver and disposition decisions |
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Term
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Definition
| the determination about transferring a juvenile to adult court or some other court |
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Term
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Definition
legislative branch has set rules that juveniles of certain ages are transferred to adult criminal court when they commit certain crimes
-15 year old commits murder |
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Term
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Definition
| prosecutor has the authority to determine whether the case goes to juvenile or adult criminal court |
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Term
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Definition
| equivalent of sentencing in adult criminal court |
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Term
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Definition
-if found guilty, judge has several options to choose from ranging from community service to confinement in detention
-not typically decided by the judge
-judge usually turns juvenile over to a justice officel who determines the best approach for that delinquent
-exception-- judge has to place the juvenile in a secure facility |
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Term
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Definition
-specialized civil court that handles all matters that pertain to families
-child custody determinations, divorce, remove children from abuse/neglect, domestic violence, adoptions
-one of the most emotionally-charged courts |
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Term
| Child Custody Evaluations |
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Definition
-40% of divorce cases involve children
-most of those cases do not require the court's determination, only 6-20% of cases need the court's help
-recent increase in people other than parents requesting custody |
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Term
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Definition
states that children, especially young children, were better off under the care of their mother
-most states no longer use this |
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Term
| Best Interest of the Child Standard |
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Definition
-replaced the Tender Years Doctrine for the most part
-looks at the best interest of the child and does not presume that either parent is automatically better at caring for the child |
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Term
| A Third Standard for Child Custody |
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Definition
-some researchers suggest that the BICS should be replaced with a least detrimental alternative standard
-psychological knowledge can only determine what is least harmful, not which custody agreement is truly the best for the child |
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Term
| Assessment Methods in Child Custody |
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Definition
| -methods used in child custody evaluations vary widely from using only interview data to use of several tests and measures |
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