law

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  1. law
    • rules of
    • guidance of human behavior imposed on members of a state
    • -Govern behavior
    • -Resolve conflict

    • accommodate
    • - human behavior and circumstances in conflict
    • - changing society
  2. psychology
    • scientific study of behavior and mental processes
    • (hypothesis procedure data )
  3. psych and law
    study of human behavior and mental processes  on law related themes
  4. 3 theories of law
    • natural law
    • formal or positivism
    • legal realism
  5. natural law
    • law is beyond human creation
    • (god, human nature , order of nature )
    •  
    • law is unchanging because of source (nature)
    • because of (nature) it is good and moral
    •  good reasoning= true law

    • human law -
    • translation of natural law to be applied to human behavior
  6. formalistic
    positivism
    • absolute law made by law makers
    • rules to fact = legally valid judgement
  7. legal realism
    • law is the behavior of judges
    • promotes welfare and looks into social reality
    • represents society

    open to input  for chaning society and modifies according to personal biases
  8. james cattell
    • 1895
    • peoples everday experiences but were often mistaken in response
  9. alfred binet
    • 1900
    • heightened suggestibility of children
  10. sigmund freud
    • 1906
    • psychologist could help community
  11. guy whipple
    • 1908
    • articles in psychological bullentin to memory and witness
  12. william stern
    • 1910
    • reality to stage events
    • witness can be wrong
  13. hugo musterberg
    • 1908
    • harvard
    • application of psych research to legal
    • most influencial
    • psych principals in eyewhitness, false confessions, crime detections
  14. american psychological law society

    ap- ls
    • 1968-69
    • founded
  15. albert von schrenck notzing
    • 1896
    • firs psych in court
    • serial sex case
    • publicity on memory report
  16. j vaendonck
    • 1911
    • empirical evidence for inaccuracies in children
  17. social fact
    immediate parties and issues
  18. social framework
    concusions from social science research

    to conduct such research is to understand society
  19. social authority
    social science as a way to change, create and research rules
  20. conflicts with psych and law
    HESS

    • 1.      
    • Knowledge cumulative vs logica

    • 2.      
    • Methodology nomothetic vs idiographic

    • 3.      
    • Epistemology experiments vs adversarial

    • 4.      
    • Criteria to truth strict vs lenient

    • 5.      
    • Goal describe behaviorvs prescrive

    • 6.      
    • Princlples multi vs single explanation
  21. conflicts with law
    Conolly

    Law vs psych

    • Ideographic
    • vs nomothetic

    • Certainty vs
    • probabilistic

    • Reactive vs
    • proactive

    • Applied vs
    • academic

    • Resist
    • innovation vs creative

    • Authorative
    • vs empirical

    • Adversarial
    • vs experimenta

    • Prescriptive
    • vs descriptive
  22. FBI
    • behavioral science unit
    • fbi makes a distinction between mental health and law
    • fbi agents are law enforcement professionals not health professionals

    • to become profile
    • criminal experience needed
    •  
    • weigh law and criminal knowlege over psych
  23. forensic psychology
    a combination of justice system (civil and criminal)and psychology(clinical and experimental )

    practice of psych (researcg and direct+indirect service ) with criminal and civil systems
  24. difficulties in defining forensic psychology
    • professionals with wide range of backgrounds and contributions
    • (clinical, counseling, social developmental, cognitive, neuropsychology. )
    • any type of psych with law

    • - outside or inside legal system
    • direct service to court (competency to stand trial, criminal responsibility, child custody )

    - basic applied research  research (eyewhitness behavior, jury descision making )

    combo of clinical and research

    difficulty to be outside the system or be within it .
  25. definition of forensic psych by APLS
    American psychology law society
    2 levels of clasification

    • eithical guidelines and professional responsibility
    • broad term
    • Any psychologist (clinical, social, cognitive, developmental,etc.) who works within the legal system is a forensic psychologist

    therfore same ethical standards to all

    • clinical and nonclinical distinction
    • clinical professionals require education, training and licensing VS irrelevant in nonclinical
    •  courtroom orientation difference
    • ndividual assessments vs. research - based social fact evidence).
  26. american board of forensic psych ABFP
    • 2007
    • science and psych on law and legal issues
    • scientifc principles and practice in adversary process for special knowledge professionals
  27. american psychological Association definition AOA
    2001

    Psychologists that provide professional expertise to judical system regularly

    (clinical psychology,counseling psychology, neuropsychology, andschool psychology, or other applied areas within psychology )
  28. goldstein definition
    • 2003
    • application of
    • psych research, theory, practice, and traditional specialized methods to legal questions  (interveiw , psych test, forensic assessment)

    • practice and research
    • practice to generate products (reports testimony)

    • research to design, conduct, and interpret empirical studies
    • investigate people or area of concern that is relevant to legal system
  29. ogloff and finkelman
    • 1999
    • scientific stuy of the effect law on people and people on law
  30. wrightsman and fulero
    2005

    application of psych research methods theory and practice concerning legal system 
  31. american psych law society
    • AP-LS
    • 1968-69 founded
  32. joint degree law program
    • 1974
    • uni of nebraska
  33. law and human behavior publish
    • APLS
    • 1977
  34. APLS merge with divison 41 of apa
    1984
  35. psych public policy and law publish
    1995 as apa journal
  36. forensic psychologists roles
    research vs practice

    some may be seperate but some may also combine both

    • psych evalutation
    • expert testimony
    • testimony and evaluation  on cvil issues (personal injury)
    • asessment and treatment for violent offenders
    • research and testimony  on psych issues on legal processes (eyewhitness and jury selection )
    • specialied treatement  in legal system
    •  consultations to law crim justice , policy,correctional system
    • analysis of issues to human perf, and safety
    • mediation and conflict resolution
    • teaching, training, supervsion
  37. AMERICAN PSYCH LAW SOCIETY
    interdisciplinary organization devoted to scholarship, practice, and public service in psychology and law
  38. journals
    • law and human behavior  APLS
    • criminal behavior and mental health
    • behavioral science and the law
    • psychology
    • public policy and the law
    • legal and criminological psychology
  39. source of law
    total of all rules governing behavior that is enforced in court
  40. stare decisis
    prior court decision establishes prededence for current cases
  41. writ of certiorart
    request for higher court to direct lower court, tribunal or public authority to send record in case for review
  42. differences in psych and law
    • psych
    • grounded in theory and empirical research
    • empirical research to test theory
    • ifference between groups of individuals

    • legal system
    • concerned with individual case
    • prededence (what prior court decided on )
  43. haney
    psych vs law
    creative vs boxed on conclusions
    • psych
    • creative approach to research question
    • beyond standard categories

    • law
    • stare decisis
    • prior case on current
    • backwards in must follow strict already decided decision
  44. haney
    empirical vs hierarchical
    • psych
    • empirical principles based on collection of data

    • law
    • lower courts bound by higher courts
  45. haney

    arrival of truth
    experimental VS Adversarial 
    • psych
    • application of experimnetal model to test hypo
    • minimize error or bias

    • law
    • each side presents case and bias and self-interest is strength
  46. haney

    descriptive vs prescriptive
    • psych
    • describe behavior as it occurs

    • law
    • tell people how to act and how to be punished
  47. haney
    nomothetic vs ideographic
    • psych
    • data is obtained through investigation of groups in nature (general principles, relationships, patterns)

    • law
    • based on single cased; the individual
    • facts of each case that form decision
  48. haney
    probalistic vs certainty
    • psych
    • relationshiop if cause and effect with statistic and probabilty theory

    • law
    • definitive outcome
    • guilty vs nonguilty
  49. haney
    proactive vs reactive
    • psych
    • research decided what hypotheses to address

    • law
    • wait until issues are presented
  50. haney
    academic vs operational,applied
    • psych
    • intellectual curiosity

    • law
    • concern of real world and problem solving
  51. haney taxonomy
    • threefold
    • psych in the law
    • passive
    • use of psych by lawyers in legal process
    • psych to legal questions
    • relevant to legal question
    • (court evaluations , insanity defense , competency to stand trial)
    • roles that psych can  provide as consultants
    • conduct studies


    • psych and the law
    •  psychological principals to analyze legal system

    • coqual and conjoint use of psyc principles to analyze legal system
    • eyewitness accuracy, false confessions , judical decison making

    • psych of the law
    • why people need law , why obey law

    orgins and existence of law via psych relations

    the operation of law as a determinant of behavior
  52. training in forensic psych
    doctorate not needed
  53. inquisitorial system
    • european
    • court appointed
    • written down coded

    judges as an active role in (calling whitnesses, experts are apointed, lawyer to assist court)
  54. adversarial
    • commissioned by one part
    • common law system
    • law decided by past decisions of court

    • passive judges and final arbitrator
    • lawyers role to advocate client

    witness and expert by sides
  55. adversarial vs inquisitorial
    • ad
    • each party given opportunity
    • peoples law

    • in
    • court appointed
    • unbiased testimony
    • positive credibility
  56. divison of power
    • 1867 british NA act
    • ferderation of canada

    • not all important power to one evel
    • residual = left over power

    • province - local
    • federal- national
  57. power to pass law
    • divided among provincal and federal
    • section 91 - fed
    • section 92- provincial
  58. head of power
    each explained power
  59. ultra vires
    outside the jurisdiction of the boy of law that passed it
  60. federal jurisdiction
    enactment of criminal law
  61. provincial jurisdiction
    prosecuting , enforcing criminal law, civil law personal injury , mental health
  62. charter of right
    • supreme law of Canada
    • can not be overridden by statute or common law

    except infringement - notwitstanding clause

    requires judiciary interpretation
  63. legislation
    guidelines to apply to particular sets of facts

    • able to be implied,
    • complex language

    • outlines boundaries of tribunal authority
    • tribunals bound by constitutional law  statute law and common law
    • human right breaches, employment standards immigration, parole
  64. common law
    • laws from previous cases
    • not written in legislation
  65. administrative law
    fed and prov give powers to administrative tribunals for interpretation and law enforcement

    passed by fed or prof but the power to enforced and interpret goes to administrative body
  66. levels of court
    • provincial court
    • provincial superior court
    • provincial court of appeal
    • supreme court
  67. provincial court
    • provincial judge
    • mostly criminal cases some civil
    • no jury option
    • decisions not bound by other courts
  68. provincial superior court
    • trial court
    • divorce
    • appeals from provincial
    • family
    • small cases
    • judge jury

    binding over provincial court  but only persuasive on other superior court judges
  69. supreme court of canada
    • must be heard in provincial appeal prior
    • may refuse
    • 5-9 judges
    • binding
  70. criminal
    • punish perpetrator
    • police investigation
    • state pays for prosecution
    • defendant pays for defence
    • crown to prove beyond reasonable doubt
  71. civil
    • restore injured to orginal state
    • plaintiff does investigation
    • hired lawyer
    • argues case in court
  72. human rights
    • legislation that is hard to be ammended or revoked
    • complex

    • 2 sources
    • (prohibited groups disability, race , national, ethnic, religion )
    • public - federal
    • private- provincial

    charter
  73. charter of rights and freedoms
    • court of law
    • supreme law of Canada
    • cannot pass laws that infringe charter

    • 3 elements
    • 1 protects against unconstitutional actions of government
    •  potential abuses of state power

    • 2 if charter is infringed upon sec 52
    • strike down of legislation
    • part of the legislation that is contrary to charter
    • read-in elements that bring legislation in line

    • 3 if law is consistent with charter but manner was carried out infringed on charter right
    • may apply for remedy
    • exclude evidence
  74. important section of charter
    • Right to
    • life liberty, security of person and right to not be deprived  except in fundamental justice

    • (pre trial
    • disclosure of info,  right of silence,
    • does not have to take the stand but must answer if must )

    Section 8

    • Right to be
    • secure against unreasonable search and seize

    Section 10

    • Right to
    • obtain and instruct counsel without dely and to be informed of that right

    Section 11

    • Person
    • charged with offence

    • -              Tried within reasonable time
    • between charge being laid

    • -              To be presumed innocent until
    • guilty

    • -              Not denied bail without just
    • cause  except under military law under
    • military tribunal

     
  75. actus reus
    act itself


    • The act
    • itself

    • Failure to
    • do sometime required by law

    • Ex child
    • support
  76. mens rea
    • Mental state
    • of perp at time of offence               

    • Ex first
    • degree- plan  and deliberated to cause
    • harm
  77. summary offence
    • Fines of
    • less than 2000-less 6 month prison

    • -              must be charged within 6 month of
    • commiting unless crown agrees on extend

    • -              summary offences heard in
    • provincial court with no prelim and jury

    -              ex vagrancy/ unlawful assembly
  78. indictable
    offence
    more  serious offence
  79. Hybrid
    offences
    • Either indictable
    • or summary offence at discretion of the crown
  80. defence
    • Actus reus
    • and mens rea only need reasonable doubt

    • While
    • justification and excuse need balance of probabilities

     

    • Negate actus
    • reus

    •              Involuntary act ex assault in
    • attack; automatism

     

    • Negate mens
    • rea

    •              Not criminally responsible on
    • mental disorder

    Justification

    •              Self defense, correction of
    • children

    • Excuse
    •     Necessity, provocation mistake of law
  81. evidence
    • To max
    • probability of fair presentation of evidence

    • -              Most Found in case law (common
    • law)

    -              Some statutes for law

    o             Canada evidence act

    • o             Admissibility of evidence in crim
    • trial

    -              Provincial evidence act


    • Admissible
    • evidence

    • All
    • information is logically probative of a material fact unless

    -              Inherently unreliable ex hearsay

    • -              Prejudicial effect outweigh
    • probative value ex bad chara

    -              Prohibited based  on policy ex charter breach

    • Admissibility
    • and weight are different matters
  82. expert opinion
    only professionals allowed to express opinons

    • 4 criteria
    • necessary
    • relevant
    • qualified
    • does not determine weight
  83. stare decisis
    • let the decision stand
    • meausre of predictability
    • certainty with law
  84. competencies
    • able to proceed with criminal proceedings
    • when one doubt of competency is raised
    • by defense. prosecution or court

    any stage from the occurance of the crime to trial
  85. law of competency
    • proof of mental disorder
    • necessary but not sufficient
  86. limited cognitive capacity test
    test for various competences
  87. competence to stand trial
    defendant must be able to participate in own defense without mental defect or disease

    • able to instruct counsel
    • undestand consequence of proceedings
  88. assesment of com to stand trial
    remand at any time

    • 30 -60 days
    • 16.5 avg

    • outside custody unless necessary
    • 653 remanded 88% inpatient
    • mental disorder necessary but not enough
  89. FIT-R
    • according to sec 2 of criminal code
    • understand nature and object of proceedings
    • consequences of proceedings
    • ability to communicate with counsel
  90. macCAT-ca
    • scoring for inquiries relevant to psych abilities
    • persons ability to plead guilty
  91. ability
    • understanding charers
    • relevance of infomation for defense
    • reasoning
    • making choice
  92. treatment for unfit to stand trial
    • held in hostpital
    • goal - restore fitness
    • with drug
    • target deficts to unfitto stand trial
    • restore 6-12 month
  93. characteristics of unfit to stand trial
    • male
    • single
    • unemployed
    • alone
    • mental and justice system
    • major mental disorder
  94. competence to rep at trial
    • one who is not found unfit to stand trial is capable
    • self representation after assessment
    • lack of fitness for trial linked to incom to self rep

    mental disorder is necessary
  95. competence to waive right of counsel
    • sec 10
    • must understandd rights
    • mental disorder not needed to be incompedent to wave right to counsel
  96. competence to confess
    • no fear of prejudice or advantage
    • operating mind
    • not being opresssed
    • not linked to mental illness
  97. not criminally responsible on account of mental disorde
    mens rea (mental state with evil intent )

    NCRMD

    Degree of mental illness is necessary for insanity
  98. m naghten
    person is persumed sane unless proved that at the time of committing offence , there is a disease of the mind

    not understanding the act or it was wrong
  99. mock jurors on insanity defence
    • -         
    • Expert
    • psychiatric testimony.

    • -         
    • Intent to
    • harm.

    • -         
    • Background
    • of the defendant.

    • -         
    • Defendant’s
    • mental health history.

    • -         
    • Defendant’s
    • ability to remember events from the time of the offence.

    • -         
    • Situation
    • at the scene of the crime.

    • -         
    • Defendant’s
    • own testimony.

    • -         
    • Offender/victim
    • relationship.

    Defendant’s remorse
  100. poorly understood defence
    • Belief
    • -          Frequently used (37%).
    • -          Frequently successful, resulting in acquittal (44%).
    • -          Most are charged with murder.
    • -          Serves as a “loophole”—only half are hospitalized.
    • -          Resulting in confinements of less than two years.
    • reality
    • -          26% are acquitted.
    • -          14% of the cases that involve the defence are for murder, 54% for other violent offences.
    • -          85% of “insanity” acquitees are hospitalized.
    • Typically, an acquitee is confined for more than 2.5 years (6.5 years for murder
  101. canada law
    free of mental disorder unless proven otherwise on balance of probablities

    • not responsible while mentally ill
    • inability to undestand act
    • appreaciate nature and quality
    • moreally culpable
    • does not need to appreciate consequence
  102. assessment of NCRMD
    • remand less than 30 days
    • avg 22.6
    • rogers criminal responsibility assessment scale
    • pschological critcal at the time of offence
  103. 5 psych relevant construct
    • organicity psychopathology
    • cognitive control
    • behavioural control
    • report reliability
  104. ncrmd characteristics
    • -         
    • Male.

    • -         
    • Aged
    • 20–29.

    • -         
    • Single.

    • -         
    • Unemployed.


    • -         
    • Minimally
    • educated.

    • -         
    • Diagnosed
    • with major mental illness.

    • -         
    • Suffers
    • from psychotic disorders (schizophrenia being most common).

    • -         
    • Prior
    • contact with justice and mental health systems. 
    • Previously
    • acquitted for a violent offence.
  105. issues with ncrmd
    • protection of public
    • mental condition of accused
    • reintergration of accused into society
    • needs of the accused
  106. absolute discharge
    no threat to society
  107. conditional discharge
    condition cannot be involuntary treatment
  108. hostpital detention
    • reviewed every 2 years
    • cannot be involuntary treated unless in BC
  109. ncrmd common disorders
    • psychotic disorder
    • personaliy
    • substance abuse
  110. treatment for ncrmd
    • drug therapy antil psychotic
    • behavior disorder
    • substance abuse

    • -    Symptom reduction.
    • -    Decreased length of stay in the facility.
    • -    No need for re-admittance to hospital.
    • -    Reintegration.
  111. NGRI (not guilty by reason of insanity)
    • detained for long time
    • matched felons more or less
    • 60 percent of persons detained after being found NGRI was unfit to stand trial

    • 172 days
    • average detain 9.5 years
    • 30% with minor offences
  112. silver 1995 length of confinement of insanity
    seriousness of offence was a strong predictor of length of confinement than severity of the mental disorder

    • acquittees were more likely to be confined
    • ngri more time in detention
  113. recidvison of ngri
    similar to non ngri
  114. mental disorder correlation with NCRMD
    • substance abuse 87%
    • antisocial 57
    • affective disorder 23
    • anxiety somatoform 16
    • schizophrenia 2
  115. high rate of mental disorder because
    more likely to commit, get caught, arrested , plead guilty

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