forensic psychology.txt

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losedee
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forensic psychology.txt
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2010-12-05 10:16:14
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updated forensic cards to use for studying
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  1. Aggravating factors
    are any relevant circumstances, supported by the evidence presented during the trial, that makes the harshest penalty appropriate, in the judgment of the jurors.
  2. Mitigating Factors
    are any evidence presented regarding the defendant's character or the circumstances of the crime, which would cause a juror to vote for a lesser sentence.
  3. Amicus brief
    a document which is filed in a court by someone who is not directly related to the case under consideration.
  4. Brandies brief
    brief that focus on empirical evidence and similar types of evidence rather than reviewing past cases and statutes.
  5. Competency hearing
    A hearing that is held in state probate court to determine if a person is able to handle their own affairs and to ensure they have the mental capacity to understand the nature of the death penalty and why it was imposed on them
  6. Confidentiality
    information about particular case remain private
  7. Death-qualified jurors
    a trial jury pronounced fit to decide a case involving the death penalty.
  8. Deductive reasoning
    arguments based on laws or rules
  9. inductive reasoning
    arguments based on experience or observers
  10. Dual relationships
    whenever a psychologist interacts with a client in any capacity beyond the one role as psychologist, for example, also being their client�s teacher, consultant, business partner, or sexual partner.
  11. Empirical approach
    both existing standards and proposals for change would be carefully examined for their scientific merit (insanity defense and guilty but mentally ill)
  12. Evaluation
    primary responsibility of many forensic psychologists with clinical psychology backgrounds. assessment of characteristics of defendants
  13. Expert witness
    may express opinions, for they are presumed to possess special knowledge about a topic, knowledge that the average juror doesn�t have.
  14. Fact witness
    who can only testify regarding what they have observed or what they know as fact,
  15. Forensic psychology
    any application of psychological research, methods, theory, and practice to a task faced by the legal system
  16. "Hired gun"
    work in the service of their employers� values rather than trying to advance their own. Their motivation is to help the person who hired them as the expert.
  17. Mediator
    Attempt to resolve legal disputes before they go to trial
  18. Precedent
    • Law . a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
    • 2.
    • any act, decision, or case that serves as a guide or justification for subsequent situations.
  19. Reliability
    consistent over time
  20. Replicability
    different investigators can produce similar results
  21. Stare decisis
    let the decision stand..The principal that the precedent decisions are to be followed by the courts.
  22. Subjective expectation of privacy
    In order to successfully challenge a search or seizure as a violation of the Fourth Amendment to the U.S. Constitution, a plaintiff must show that he or she had manifested a subjective expectation of privacy in the area of the search or the object seized and that the expectation is one that society is willing to recognize as reasonable or legitimate.
  23. Trial consultant
    hired by attorneys to help with jury selection, witness preparation, or trial strategy
  24. Values
    are basic psychological concepts--standards for decision making, and thus laws are created, amended, or discarded because society has established standards for what is acceptable and unacceptable behavior.
  25. Cesare Lombroso
    an Italian who sought to understand the causes of crime (from a biological perspective) - father of modern criminology
  26. "Basic" Psychologists
    Those who conduct research in search of scientific laws
  27. "Applied" Psychologists
    Those who work toward the alleviation of detrimental behaviors in individuals
  28. Hugo Munsterberg
    father of forensic psychology - On the Witness Stand
  29. Judgment of insanity is
    a legal one
  30. Affirmative Defense
    A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
  31. A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
    • A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
    • A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
  32. A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
  33. ALI standards
    American Law Institute - A person is not responsible for criminal conduct if at the time of the action, as a result of mental disease or defect, he (or she) lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law
  34. CQT
    Control Question Technique
  35. Competency
    a persons ability to understand the nature and purpose of court proceedings, and it is applicable at every stage of the criminal justice process, from interrogations and pretrial hearings to trials and sentencing hearings.
  36. Criminal profiling
    Offender profiling is a behavioral and investigative tool that is intended to help investigators to profile unknown criminal subjects or offenders.
  37. Equivocal death analysis
    evaluation by FBI - inquiries that are open to interpretation.
  38. GBMI
    Guilty but not mentally ill
  39. Guilt
    a criminal sense requires not only the commission of an illegal act but a concurrently existing state of mind reflecting awareness of the act's implications.
  40. Harm
    physical or mental damage
  41. Insanity
    a legal concept, to be decided by the triers of fact, and not a medical or psychological one - a person who is unaware of the meaning of his or her acts and who should not be held criminally responsible for them.
  42. Irresistible impulse exemption
    if a defendant demonstrated cognitive knowledge of right or wrong, he or she could still be found not guilty by reason of insanity if his or her free will was so destroyed or overruled that the person had lost the power to choose between right and wrong.
  43. Malingering
    is the defendant simulating a serious mental disorder in order to avoid a guilty verdict or a prison sentence
  44. Mass murder
    anything more than three victims in one location and within one event
  45. Mens rea
    "a guilty mind"
  46. Modus operandi
    MO - standard procedure
  47. M'Naghten rule
    defining insanity; three elements: a person should be judged insane if the following are present, suffering from disease of the mind, did not "know" the nature of the act he was doing, did not know what he did was wrong
  48. Necrophilia
    sexual arousal stimulated by a dead body
  49. NGRI
    Not Guilty by Reason of Insanity
  50. Per se exclusionary rule
    prohibit hypnotically assisted testimony in all cases
  51. Psychological autopsy
    a mental state examination of the deceased.
  52. Psychological profile
    can be performed by anybody ---A method of gathering speculative information regarding a suspect's psychological makeup in order to aid the investigation.
  53. Risk assessment
    the process of conceptualizing various hazards in order to make judgements about their likelihood and the need for various preventative measures.
  54. Serial murder
    involving three or more separate events with a cooling-off period between homicides
  55. Signature
    reflects unique, personal aspects of the criminal act, often the reflection of a need to express violent fantasies
  56. Spree murder
    killings at two or more locations with no emotional cooling-off period between homicides
  57. MMPI
    Minnesota Multiphasic Personality Inventory - most widely used assessment tests for detecting psychopathology
  58. Psychopathy
    mental disorder - mental illness: any disease of the mind
  59. Psychopath
    includes the following characteristics: impulsivity, a lack of guilt or remorse, pathological lying an manipulativeness, and a continual willingness to violate social norms.
  60. Confirmation bias
    is a tendency to search for or interpret information in a way that confirms one's preconceptions, leading
  61. Fundamental attribution error
    accepting a dispositional attribution of a person's actions without fully accounting for the effects of situational factors
  62. Dangerousness
    for purposes of the imposition of the death penalty; predictions of the likelihood of reoffending for purposes of probation, parole, sex offender status
  63. Risk management predictors
    focus on environment for offender, prison, home etc
  64. Base rate
    rate at which a specified event occurs within the population at large
  65. Bifurcated trial
    A trial that is divided into stages: one stage to establish guilt or liability, and the other stage to establish damages or punishment.
  66. Brutalization effect
    presence of a death penalty in a state creates --- human life less sacred
  67. Capital case
    seeking the death penalty
  68. Exculpatory evidence
    is a term used to describe evidence that shows that an individual accused of a crime is not guilty of the crime that he is charged with. Put another way, exculpatory evidence is evidence that is considered favorable to the accused person, or the defendant.
  69. Habeus corpus
    is used to refer to appeals for the dispensation of a case
  70. Harmless error
    coerced confession if there is sufficient evidence to conflict the defendant -include: a technical error which has no bearing on the outcome of the trial, an error that was corrected (such as allowing testimony and then ordering it stricken and admonishing the jury to ignore it), the issue affected by the error was found in the appellant's favor (such as hearsay evidence on premeditation, but the jury found no premeditation)
  71. Theory of the case
    refers to the comprehensive and orderly mental arrangement of principles and facts, which are conceived and constructed for the purpose of securing a judgment or decree of a court in favor of a litigant. It can also be a particular line of reasoning of either party to a suit, for bringing together certain facts of the case in a logical sequence and correlating them in such a manner that it produces a definite result or conclusion in the decision-maker's mind which is favored by the advocate.
  72. Name the parts of a Psychological Assessment
    1st step engagement, 2 data (SILBT gathering), 3rd understanding of the person, 4 Diagnosis & Recommendations
  73. Bronfenbrenner's Ecological Model of Development System
    The Individual, Microsystem (family, peers, school), Mesosystem (interconnections between microsystems) Ecosystem (neighbors, family friends, mass media, social services), Macrosystem (values, customs, culture, society)
  74. Bronfenbrenner's Ecological Model of Development
    Developed by the American psychologist Urie Bronfenbrenner, emphasizes the importance of many different environments on children's development.
  75. Static predictors of dangerousness
    history of offender - never going to change
  76. Dynamic predictors of dangerousness
    change over time (violent behavior, emotion, resentment to treatment)
  77. fundamental attribution error
    criminal acts were caused by qualities within the criminal rather than by environment (even though abused child they had the ability not to take it out on someone else)
  78. Social desirability bias
    Behave to be socially acceptable (reason why a person would lie on witness stand)

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