if, ex:

child murders should be fully convicted?

can they comprehend the issue?

in divorces, where does the child go?

ex:

How interrogators make use of principles of coercion/persuade confessions

group dynamics influence jury decisions?

is XX competent to stand trial?

will mentally ill people turn violent?

How accurate is the testimony?

under what conditions can eye witnesses recall?

1. Publication of "On the Witness Stand" - Hugo Munsterberg
2. Muller Vs. Oregon - 1908 (women's work day)

Hugo munsterberg

Student of Wilhelm Wundt - Founder of modern Psy

psych lab harvard

Purpose of "On the Witness Stand"

• Work day of women in laundry/factory could be limited to 10 hours
• Argument: when health of women goes down, so does community
• Louis Brandeis - Brandeis brief
• reduced hours, improved pay, restrict child labor

Reaction against the establish ordered represented by "natural law"

No interest in social sciences until this movement

early influence on Psych Law

was successful in how people think about functions of law... NOT successful in promoting use of research findings

Judicial decisions were thought to reflect principles found in nature

Single correct decision for each case

• Active, continuous construction of law through interpretation of evidence and precedent
• law services social policy goals
•  look beneath legal fictions
• Social effects just as important as mechanical application
• DID NOT realize psych answers were not of certainty

Dealing with things sensibly and realistically based on practicality

Started by William James & John Dewey

Karl Llewellyn

laws must be reexamined continually to serve society

Monumental

Matured relation ship of law and social science

FIRST TIME using research provided by social science

George Muller - Called for APA to "give psychology away" use knowledge to solve pressing social probs

Donald campbell - called for much more extensive use of research methods

Established APLS - American Psych Law Society

law and psy full relationship

first issue of APLS' journal

"Law & Human behavior" - 1977

found it useful to think of psych and law as separate cultures

• HOW people behave
• FINDING truth

• How people SHOULD behave
• Rendering JUSTICE

how cultures differ on the amount of tolerance they have of unpredictability

ex. Legal culture ranks high on this

Psych emphasizes...

Law emphasizes...

Psych - Groups, empiricism

Law - Authority, individual cases (similar to Clinical psych)

deference & obedience given to authority

Legal ranks high on this

Hierarchical system - supreme court decision trumps lower courts, unless retried

democratic structure

balanced, all people have equal say and deserve equal oppertunity

Anyone can challenge prevailing theory

Oliver Wendell Holmes, 1897

Attorneys/judges obliged to place current facts in context of past rulings

Precedents

statement simultaneously of how a court has help and how future courts ought to hold

Lawyers

In-authenticity essential to Authentic legal thought

Advocate for particular version of events and evidence

Attempt to reveal evidence in the context of adversarial system

Scientists must strive for objectivity

values influence; topics researched, where to publish, and how they are interpreted

Empirical - Scientific method

Science is self correcting process

Advisors - jury selection, witness prep, trial strat, litigation expertise

Evaluators - distinguish between formative/ summative. Effectiveness of every social program should be evaluated

Reformers - doesn't need to be infallable, just needs to be better than currently. Most researchers don't want to do this

"If steps are taken to show where improvement is needed, someone needs to improve them"

1. On going info about program effectiveness , used to guide program development
2. Attempt to sum up how well a program has met goals (Should program be abandoned)

1. Formative

2. Summative

1. knows basic areas of psych
2. prep to conduct research/informed consumer of research
3. performing original empirical research
4. foundation/source of law, legal research etc
5. forensic psy overview knowledge of research in psych area
6. standards of general research/practice in psych areas
7. Forensic mental health assessments, forensic interview/consultation

1. substantive
2. research design/methodology & Stat
3. Conducting research
4. Legal knowledge
5. Interactive laws
6. ethics/professionalism
7. clinical forensic training

3 supreme court decisions that expanded gate keeping role of trial

Daubert Trilogy

1993 - Daubert V Merrell Dow Pharma inc

1997 - GE Co V Joiner

1999 - Kumho tire Co LTD V Carmichael

Testibility - 6%

Peer review - 4%

error rate - 71%

General acceptance - 82%

two understood, two not understood.

Judges - must assess validity to allow

treatment was generic - left room for disagreement/discretion

more likely to EXCLUDE

Neuro images inadmissible

Conduit Educator, strives for accuracy, more robotic - less morality

Philosopher Advocate, makes concessions to adversarial climate - allows personal to shape testimony

Hired Gun - "Sell out", shapes testimony to help whoever hired them

Margaret Hagen

Calls out hired guns

self styled psychoexperts

not likely to be called for perjury because opinions can't be called "lies"

"Friend of the courts" Brief

useful tool to educate judges ~ relevant psy research

Thought of as the founder of criminology

Cesare Lombroso

ideas about criminal behavior that are applied today

analyzed faces

Criminals and people who used the word "idiots" were more likely to be left handed.

"Left handers not to be trusted"

eye witness research

expert witness

forensic

experimental

not well liked

memory groups

Visual

acoustic

motor memories

written law

case law

law review

published science

inquisvital method

Jury of 6 was decided to be ok

Jury of five decided to be unconstitutional

Williams Vs FL 1978

Ballew V GA 1978

est. min jury size as 6

more hung juries

traditional size

longer deliberation

tendency to attribute others's behavior to dispositional causes

dismiss situational pressures

Miranda Rights - Miranda V Arizona

20% use rights

80% waive rights

Loss of control - interrogator controls everything

social isolation - interviewed alone

Certainty of guilt - direct accusation

Minimization of culpability - make excuses for criminal

Implies threat of sever punishment

implies promise of leniency

Certainty of Guilt

Minimization of Culpability

Large role in emotion regulation

long term planning

Limbic

pre frontal cortex

*not fully develop'd until 20s

most commonly identified confession

only way to stop treatment is to give them what they want

instrumental voluntary

possibly suffers delusions

little to no pressure

"God does not allow false memories"

Thurston county

accused of harming daughter , told camp counselor

Need for himans to develop essential social skills of manipulation, pretense, and deception.

Great leap in human intellegence

"could be more stressful telling the truth"

expert on lying

blood pressure cuff

pneumatic tube across chest

electrodes on fingers of one hand

Polygraph Protection Act of 1988

public employers exempt - FBI, CIA, DEA, SS, NSA

Non arousing questions, not relevant to investigation

ex. is it Tuesday

is your name __

Previously called control question test

designed to correct RIT

Comparison question test

both rely on relative arousal - under assmption that physiological reactions will be elevated when lying comparatively

Highlights importance of comparison q's

uncomfortable but not relevant

True positive

False negative

False positive

False negative

guilty - liar

guilty - innocent

innocent - liar

innocent - innocent

This result means person is lying

this result means person is truthful

Positive

negative

positive comp test - uses relevant questions as own comparison.

examiner tries to convince that the test is infallible

lack of standarization in :

content of questions

number of questions

scoring

elevate arousal during comparison

supress during relevant

countermeasures

Concealed info

uses PG equipment but doesn't attempt to detect lies

Guilty knowledge test

designed to detect IF someone has criminal knowledge

Functional Magnetic Resonance Imaging FMRI

expensive, not portable, cannot move inside

Determines WHERE lie occurred in brain

EEG Electroencephalography

determines WHEN lie occured

event related potentials

records P300 waves

monitors minuscule shifts in heat of face

tracks visual attn to scene based on eye movement , pupil dilatation (Similar to GKT)

ERP

EEP

HD infared thermal imaging

eye movement memory assessment

NOn contacted denial

do not vs don't

"That person did.."

smiling to mask other expression

one lip corner pulled up

Distancing language

Duping delight

Contempt

measurable qualities unique for every person

Anthropometry

Alphonse Bertillon - French investigator

left foot legth

cranium size

height

length of arm

length of middle finger

planned

controlled scene/conversation

dominant - restraints used

aggressive after death

body hidden

skilled job

spontaneous

minimal contact with victim

sloppy

sudden violence

sex after death

unskilled work

anxious mood

unintelligent

body left at scene

• psychotic, hears voices, sees visions

Visionary

• kills people believed to be evil

• kill others for thrill

• get satisfaction from victim,capture/control before killing. killing is afterthought

Stabbing

strangulation

shooting

wide range in victims, often strangers

same race typically

adults

Poison (80%)

Suffocation (16%)

Drowning (5)

Family/lovers

children/elderly

Vera Rencz

1900 early EU

low self esteem, distrust of men

actively killed through life

poison

 murdered Son, lovers, and husbands - 35 coffins found in basement

Genene Jones

Nurse - Active 1978-1982

San antonio

patients with not extreme illnesses died suddenly

11-46 victims, number unknown

all children/babies

lethal injection

hero complex

life in prison

Martha Wise

"Borgia" of America

Active 1925, widowed at 35

Met Walker Johns 1925

Family disapproved, murdered mother, aunt, then uncle

poison

"Devil made me do it"

Madame Popova

Born in Russia, active 1879-1909

Confessed to murders of over 300 men

Poison

Business deals, "liberate" married women from cruel husbands for money

executed

Aileen Wuornos

possible first predator that acted alone

killed 7 men  - clients, (Prostitute)

father molested, mother rejected, grandfather abused

shooting (typically male method)

non violent until 1989 - Richard Mallory - possible rape

Claimed self defense, executed

Geographic Profile

often stayed here, might strike here

involves attempt to dissect / examine psych state of indivi prior to death

psychological autopsies

receptive in civil cases, not criminal

49% killed by cops - white

30% - black

19% - latin

BUT US pop

62% white, 13% black, 18% latin

BM 3.5x more likely to be killed

Shot more unarmed BM than WM

failed to shoot armed WM than BM

Canada

Natural

Accidental

Suicide

Homicide

7-19% boys

18-26% girls

Nightmares

genital soreness

masterbation

bedwetting

noticable behavior changes

dolls

body diagram increased both true and false

Coercive/suggestive questioning

Biased questioning

NICHD investigative interview protocol

Developed with National institue of child health and development

open prompts to focus child on incident under investigation

"Tell me why you are here"

if allegation, further question in follow up

after child recounts their experience

"did it happen more than once"

asks incident-specific info based on child's account

MORE DIRECTIVE QUESTIONING asked ONLY after child free recall

Delayed disclosure

denial

recantation of allegation after claims

alt method to hearsay.

MD Vs Craig 1990 - if child would experience trauma from in person testimony, they could cctv

child testimony in other room.

protection of child out weighed right to face accuser

recovered memories

controversy

some memories were found to be "implanted"

painful, threatening or traumatic memories can be pushed out of consciousness...

little evidence to support

Most common response isn't forgetting, but uncontrolled remembering

Neglect - 2/3 of victims. fail to provide basic needs

Physical abuse - 19%

Sexual abuse 10%

emotional abuse 8% - probably in conjunction with others, probably higher percentage

parent (typically mom) consistently and chronically subjects child to meical attn without "true" medical disorder

sometimes harms child to mimic symptoms

Munchausen Synd by Proxy

typically in children 6mo to 8yrs

emotionally distant father

"proxy" can also be pet

7-16% boys

18-26% girls

mcmartin 1983

mom of 2.5 yo boy reports child was abused

police created panic with 200 parents.

no real experts used,

deadlocked twice about raymond buckley

suggestive interview techniques

Indictment  - movie 

encoding

storage

retrieval

Neil Vs Biggers (1972)

Manson V Braithwaite (1977)

5 factors needed for EW accuracy

"Manson Criteria"

EW oppertunity to view perp

level of attention

accuracy of EW Previous description of unsub

EW degree of certainty

amount of time between witnessing and making ID

certainty

view

attention

Wells & quinlivan

voire dire

cross examination

jury deliberation

Blind line up admin

Bias reducing instructions

Unbiased Line ups

Confidence ratings

video recordings

expert testimony

Franz Anton Mesmer 

word mesmerized derived from this name

Hypnosis

coined from greek god of sleep - hypnos

serious, suffers lost of touch with reality. psychotic symptoms

delusions

to wait attorney

plead guilty

confess

make treatment decisions

execute a will/contract

take care of self/finances

be executed

legal doctrine of incompetence originated in english common law of 17th century

modern definition defined by supreme court - 1960

Dusky Standard

Milton Dusky - schizophrenia

adjudicative competence

two components

foundational ; basic understanding of trial process and ability to provide relevant info to lawyer

decisional ; ability to (not willingness) to make informed independent decision

Cooper V OK 1996

Medina V CA 1992

preponderance of the Evidence standard

defense must prove that it is more than likely not that the defendant is incompetent

Jackson V Indiana 1972

limited period of confinement to time to determine if defendant could be returned to competency.

Venire

small towns - 30

high profile - 100 or more

20% fail to show up

to see and tell

to speak the truth

voir dire

potential jurors a series of questions

fed courts - judge perform

challenges for cause - bias, prejudice - etc

peremptory challenges - no reason

Locus of control

internal ; their own fault

external; fate, luck, etc

believe in a just world

victim blamers

people's personalities follow certain characteristics

rigid beliefs

conventional values

intolerant of weakness

Authoritarianism

more likely to convict, with longer sentences

direct examination

defense then cross examines

Insanity defense

required to have illness

Mens Rea - guilty mind

M'Naghten - paranoid delusions NGRI, tried to kill Prime M

Durham - unfit for military, suicide attempt

Hinckley - first intro to neuro law, NGRI

ALI standard

American Law Institue

over 30% women will experience

over 20% of men

most common, ~50%

maritial violence, almost no outside violence, low alcohol.substance abuse

acute crisis - days/weeks following

reorganization - change of jobs, city, relationships, lifestyle etc

didn't name victim for 2 hours after

fail unanomous virdict

conviction in second