PSYC 601 Exam 2

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PSYC 601 Exam 2
2011-04-04 00:41:51
Psychology Law

Psychology & Law
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  1. Psychologists screen for mental illnesses during:
    arrest (pretrial)
  2. Psychologists evaluate competency and plea options during:
    arraignment and plea (pretrial)
  3. Psychologists serve as trial consultants and aid in jury selection during:
  4. Allows a lawyer to reject a potential juror without stating a reason
    peremptory challenge
  5. A specific reason for removing individual from juror pool is offered
    challenge for cause
  6. Psychologist may offer opinions on rehab strategies during this stage
    disposition (sentencing)
  7. things that should lead someone to have a lesser sentence
    mitigating factors
  8. things that should lead someone to have a greater sentence
    aggravating factors
  9. social history of the offender; psychologists may add to it
    presentencing investigation report
  10. Document filed by interested parties who did not
    participate directly in the trial but either have a stake in the outcome or have research knowledge to offer the appellate court
    Amicus curiae (friend of the court) briefs
  11. psychologists always have _____ as a client, regardless of other activities
  12. "to say the truth"
    voir dire
  13. Jurors tend to ______ their ability to be fair and impartial
  14. The more a juror knows, the more likely they are to assume:
  15. Provide info that is beyond the knowledge of the lay person
    expert witness
  16. Evidence gathered using techniques that had reached “general acceptance”; felt to be too stringent
    Frye v. US, 1923
  17. Federal Rules of Evidence, Rule 702 (admissibility of evidence)
    Assist the trier of fact; Based on sufficient facts or data; Product of reliable principles and methods; Witness has applied the principles and methods reliably to the facts of the case
  18. Daubert v. Merrill Dow Pharmaceuticals Inc., 1993
    makes judge gatekeeper; Theory/technique must be falsifiable, refutable, and testable; Subject to peer review and publication; Known or potential rate of error of the scientific technique justifies use; Degree of acceptance by the scientific community
  19. Daubert applied to the _____ the expert used to form opinion
    procedures (not the opinion itself)
  20. General Electric Co. v. Joiner, 1997
    Appeals of admissibility must be based on abuse of discretion standard by the judge
  21. Kumho Tire Co. v. Carmichael, 1999
    • Upholds Daubert for ALL expert testimony, including
    • non-scientific; includes clinician and psychological testing
  22. When clinicians evaluate a defendent, the clinician's client is ______
    the court, not the individual being examined
  23. When it is not evaluation, but rather psychotherapy
    or treatment, all courts recognize the _____ , although it is not absolute
    patient-therapist privilege
  24. Ensures due process
    14th amendment
  25. Ake v. Oklahoma 1985
    Indigent defendants must have access to psychiatric expertise
  26. speedy and public trial
    6th amendment
  27. Youtsey v. US 1899
    • tied competency to Constitution (6th amendment); person must be capable of participating in the
    • process
  28. Dusky v. US, 1959
    Sufficient present ability to consult with attorney (reasonable degree of rational understanding); Rational and factual understanding of the proceedings against him; Cognitive and interpersonal
  29. Competency to stand trial is also called...
    adjudicative competence
  30. _____ is not a bar to competency
  31. Elements of competency to stand trial
    • Understand charges against you, including penalties
    • and consequences; Understand court personnel and procedures (that it’s adversarial); Be able to work with defense attorney (mount a “reasonable and rational” defense; capacity, not willingness)
  32. Standard of proof for competency, as established by the Supreme Court
    preponderance of the evidence (51%)
  33. Some states used to use this standard of proof for competency
    clear and convincing evidence (75%)
  34. When the ______ requests and pays for the competency evaluation, the client is the person being examined and the report goes to his or her representative, the defense attorney
  35. When the competency evaluation is court order, even if ordered at the request of the defense attorney, the client is ____ . Shared among all parties.
    the court
  36. The ____ generally asks for the competency evaluation, most vested interest and first person to speak with defendant
    defense attorney
  37. Pate v. Robinson, 1966
    Allows for trial judge to request evaluation
  38. Drope v. Missouri, 1975
    Responsibility expanded to all parties to request competency evaluation, including prosecution, if there is “bona fide doubt”
  39. If a person is found incompetent to stand trial, they are...
    Committed to hospital for restoration of competency
  40. Jackson v. Indiana, 1972
    If not able to regain competency, must follow rules of civil commitment or be released
  41. In NC, statues may consider dropping charges if incompetent more than...
    ten years
  42. ___% of defendants referred for competency evaluations are ultimately found incompetent
  43. Majority of persons found incompetent are suffering from...
    schizophrenia or psychotic symptoms
  44. Russell Weston
    Shot and killed two capital police officers; Refused meds; In 2001, court ruled that the government’s interest in bringing him to trial overrode his right to refuse medication; Supreme Court refused to hear case
  45. Sell v. US, 2003
    Sell found incompetent, refused to take meds; Court approved forced meds to restore him to competency; Supreme Court sent case back for further inquiry; Federal facilities must now have a Sell hearing before giving forced medication to inmates found incapable to proceed; 2004, found competent
  46. Other competencies
    make or execute will, waive Miranda rights, waive counsel, stand trial, testify, serve as a juror, make decisions (financies, medical, person), be executed
  47. Godinez v. Moran, 1993
    All competencies have equal standards; Not a higher bar to plead guilty than to plead not guilty; Conflict-assessment is often relative to the task
  48. Insanity is a ____ state
  49. guilty act; the behaviors necessary to commit the crime
    actus reus
  50. guilty mind; the intent to commit the crime
    mens rea
  51. standard of proof for insanity
    clear and convincing evidence
  52. ____ are more sympathetic to the insanity defense than ____
    judges; juries
  53. M'Naughton's rules
    defendent is presumed sane; prove "defect of reason, from disease of the mind" such that the person does not know nature, quality, or wrongfulness of their actions
  54. Whalem v. US 1965
    duty of court to impose insanity defense if likely to succeed
  55. Frendak v. US, 1965
    defendent can waive insanity defense as long as he or she is competent
  56. This act changed the burden of proof for the insanity defense from beyond a reasonable doubt to clear and convincing evidence
    Insanity Defense Reform Act
  57. This verdict reconciles the belief that the defendant "did it" with their belief that he or she "needs help"; applies to those who have been found guilty
    guilty but mentally ill
  58. Tarasoff, 1976
    Court found therapist negligent; Had duty to warn potential victim; only when imminent threats are made about specific people
  59. Almonte v. NY Med College 1994
    Should report even when there is not specific person threatened
  60. Garner v. Stone, 1973
    Therapist was liable because breaching confidentiality had led to psychological damage
  61. In re Lifschutz 1970
    Client owns privilege; If defendant raises his mental state voluntarily, waives their right to confidentiality
  62. Lake v. Cameron 1966
    right to "least restrictive alternative" when it comes to treatment
  63. Wyatt v. Stickney 1971
    Defined minimal standard of care: appropriate patient-to-staff ratios, active therapeutic treatment, individualized treatment planning
  64. Big player in inforcing rights to treatment
    Department of Justice, Civil Rights of Institutionalized Persons Act (CRIPA)
  65. Rennie v. Klein 1978
    Upheld patient's rights to refuse treatment, but also provided criteria for overruling
  66. intentional production/exxageration of symptoms
  67. possible external incentives for malingering
    avoid legal consequences, avoid military duty, obtain financial gain, obtain drugs, admission/continued stay in psychiatric hospital
  68. Suspect is malingering if...
    rational, nonpsychotic motive for crime, suspicious delusions or hallucinations, current crime fits pattern of behavior, absence of signs of psychosis, sudden irresistible impulse, presence of partners
  69. Commonly malingered disorders...
    psychosis, memory deficits/amnesia, PTSD, suicidality
  70. Clues to malingered psychosis in terms of hallucinations:
    visual or visual+auditory, reported continuous, expect others to share, no outward signs
  71. Clues to malingered psychosis
    hallucinations (see notes), vague strategies for coping, delusions, inconsistency
  72. during malingering, approximate/incorrect answers to easy questions
    Ganser's syndrome
  73. Specific tests for malingering
    Rey 15-item test; Structured Interview of Reported Symptoms; Validity Indicator Profile; Test of Memory Malingering
  74. theories of malingering:
    malingerers are bad; malingerers are sick; malingerers are normal
  75. Clues to malingering of PTSD
    need actual trauma that history supports; need observational confirmation of symptoms (avoidance, hypervigilance, difficulty sleeping)
  76. Clues to malingering of suicidality
    lack of plan; lack of history of attempts; obvious gain to hospitalization; inconsistent/contrary behavior
  77. ____ is probably the most diffiult to prove malingering