PSYC 601 Final

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PSYC 601 Final
2011-04-28 22:51:02
Psychology law

Final Exam
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  1. US is ___ in dealth penalties
  2. Furman v. Georgia, 1972
    Supreme Court found that states' juries were imposing the death penalty "wantonly and freakishly"; ethnic minorities disproportionally sentenced to death; not enough doc to ensure juries were not biased; death pen is uncon when judges & juries are allowed such discretion
  3. Effectively disallowed death penalty due to lack
    of procedures for accountability
    Furman v. Georgia, 1972
  4. Woodson v. NC, 1976
    NC attempted to mandate the death penalty for some crimes, but Supreme court ruled that this still violated the 8th amendment
  5. Gregg v. Georgia, 1976
    Supreme Court upheld death penalty as constitutional; found that states involved (TX, GA, FL) adequately addressed issues from Furman by specifying aggravating circumstances
  6. NC de facto moratorium since 2006
    NC Med Board declared that physicians could not participate in executions
  7. Racial Justice Act (2009)
    Allows defendent/inmate to present evidence that racial bias is/was a factor in sentencing; bill has been introduced to house to overturn
  8. direct review
    same as an appeal (admin of death penalty after sentencing)
  9. state collateral review
    grounds that could not be raised at trial or on direct review; involves consideration of new evidence outside of trial record & ineffective counsel
  10. writ of habeas corpus
    "produce the body"; federal lawsuit; apeal to fed govt to ensure that the states have protected the defendent's const rights; can also bring forth new evidence; 21% of cases reversed
  11. Section 1983 challenge
    Section of Civil Rights Act of 1871; challenge the states' method of execution as cruel and unusual
  12. roles for psychologists during death penalty
    trial consultancy (assisting with death-qualifying the jury, advising on viability of insanity defense); assessment of mitigating or aggr factors; evaluate competency to be executed
  13. Wainwright v. Witt, 1985
    jurors can be excluded if their views on capital punishment preclude them from doing their duty as a juror
  14. aggravating and mitigating factors
    jury has to unanimously agree that one or more aggravating factors were present to impose death penalty
  15. Penry v. Lynaugh, 1989
    jury instructions that don't ask about mitigating factors regarding mental health violate the 8th amendment
  16. aggravating factors
    murder of law enforcement; murder after kidnap; murder for hire; murder of >=2 ppl; heinous murder/torture; depravity of mind; risk of further damage to others; history of violence
  17. mitigating factors
    no sig criminal record; young age; duress/coercion by another; extreme emotion; limited understanding of consequences; any factors defendent believes is mitigating
  18. In 2000, NC got rid of parole. Must serve ___ of sentence
  19. mitigating & aggravation assessment
    interview (mental status exam); testing (neuropsychological, intellectual, personality); records (school, work, military, medical, psychiatric)
  20. to be executed, person must:
    comprehend they are going to die, understand it is punishment for a crime; primarily assessed through interview
  21. Atkins v. Virginia, 2002
    excluded defendents with mental retardation from death penalty
  22. special considerations for competency to be executed
    mental retardation, psychosis, age
  23. Stanford v. Kentucky, & Wilkins v. Missouri, 1989
    Supreme Court upheld death sentence for a person at least 16 year of age at time of crime
  24. Roper v. Simmons, 2003
    imposing death penalty on those younger than 18 is cruel and unusual punishment; "evolving standards of decency"
  25. syndrome
    a group of symptoms that occur together, define a condition or problem, consistent from one person to another, generally interchangeable with disease
  26. intimate partner violence
    found across all groups (age, race, class, socioeconomic, etc.); women more likely to be victims & men perpetrators
  27. factors that increase likelihood of intimate partner violence
    poverty, lack of resources, isolation (social & cultural), greater acceptance of gender inequality
  28. motive for intimate partner violence
    men: est. or maintain control, often serial; women: self-defense, in anticipation or retaliation
  29. characteristics of batterers
    exp or witnessed battering in childhood; difficulty w/ attachment to others; impulsive; poor social skills; negative cognitions & attitudes (women, gender roles, violence)
  30. family only typology of batterer
    periodic and precipitated by stress
  31. dysphoric/borderline typology of batterer
    exhibit mental disorder, substance abuse problems
  32. generally violent/antisocial typology of batterer
    extensive legal history, substance abuse problem
  33. features of battered woman syndrome (BWS)
    learned helplessness, low self-esteem, feelings of depression, impaired functioning (survival rather than escape, inability to plan), loss of feeling of safety, fear, terror, anger, rage, inevitability of death, cycle of abuse, high tolerance of cognitive inconsistency, hypervigilence
  34. Cycle of abuse:
    • Tension-building phase; Acute battering incident; Contrite phase (tends to disappear over time);
    • Equivocal empirical evidence; must exp complete cycle at least twice
  35. challenges to BWS
    may lead others to expect similar reactions from all battered women; may not apply to other cultures (including subcultures within US)
  36. Similarity to PTSD
    reexperiencing of traumatic event; reduced responsiveness to environ; at least 2: diff falling asleep, irritability or angry outbursts, diff concentrating, hypervigilence, exagg startle response
  37. Why not put BWS in DSM?
    could be used against women in courty if they dont exhibit all symptoms; stigma; in court, implies that man is guilty
  38. Primary reason to introduce BWS as a defense for culpable behavior:
    self-defense; insanity
  39. success of BWS in court
    expert witness increases likelihood of more favorable outcome for defendant: more specific testimony, better outcome, only for self-defense (not insanity)
  40. types of abuse
    physical (19%), emotional (8%), sexual (10%, girls 4x more likely), neglect (67%)
  41. killing an infant younger than 24 hours
  42. killing an infant older than 24 hours
  43. post-partum conditions
    blues (50-80%), depression (likely to be present before birth), psychosis
  44. Munchausen's syndrome by proxy
    parent induces medical or psychological symptoms in child in order to get attention; tend to be vague symptoms
  45. roles for psychologists during child abuse
    evaluation; assessing competency to testify; testifying as expert witness; treatment
  46. types of testimony as an expert witness for child abuse
    social or research framework; comparing characteristics of kids in the case with those of abuse kids; testimony about credibility
  47. Open Discovery Bill (2004)
    signed by Gov. Mike Easley; requires prosecutors to share files in all felony cases; defense shares witness lists & details of grounds of defense
  48. problematic techniques when interviewing children about abuse
    leading questions; confirmation by others; + & - consequences; repetitive questioning; inviting speculation; misinformation
  49. State v. Huss, 1993
    The presence of suggestible materials can lead to reversal of decision
  50. how to improve interviewing of kids
    use kid appropriate language; begin w/ open-ended questions & prompt for more details; document all interviews; evaluate credibility objectively
  51. guidelines for use of dolls during evaluation
    don't use in initial stages of evaluation; mental health profs should be trained; awareness of age, SES, background, etc affect responses; document
  52. Child Sexual Abuse Accomodation Syndrome (CSAAS)
    takes a victim's retraction of abuse allegations as proof that the abuse occurred
  53. memory
    acquisition (encoding, input from sensory organs); storage (usually involves repetition); retrieval
  54. four points of memory
    not everything gets into memory; what goes into memory may vary in strength; memories may change; not all that is stored can be retrieved
  55. reconstructive theory of memory
    we continually alter & reconstruct our memory of past experiences; memory not like videotape
  56. APA's position on child abuse and memory
    see notes
  57. reasons why child custody may be initiated
    separation or divorce; abuse or neglect; death of parent; parents are juveniles; parent incarcerated
  58. trained volunteer supported by tthe court who represents theneeds of the child
    guardian ad litem
  59. roles for psychologists during child custody
    therapist, mediator, guardian ad litem, evaluator, consultant to attorney, expert witness, parent coordinator
  60. Finlay v. Finlay, 1925
    1st articulation of "in the best interest of child" doctrine; moved beyond monetary considerations to psychological; shifts towards mom being awarded custody
  61. Tuter v. Tuter, 1938
    kids should spend tender years with mom; extension of best interests doctrine
  62. Painter v. Bannister, 1966
    "psychological parent"; may not be biological parent
  63. Uniform Marriage & Divorce Act, 1971, ppl looking at custody evals should consider:
    wishes of parent, wishes of child, relationship of child with parents & sibs; child's adjustment to home, school; mental & phy health of all involved
  64. Whats involved in the best interests of the child?
    nuturing environ, guidance, religious issues, economic issues, stability, emotional attachment, other things
  65. fundamental questions for custody evals
    see notes
  66. special issues in custody
    special needs of kid and parents, drug or alcohol abuse, neglect, domestic violence, relocation, alienation, high conflict families
  67. what is involved in custody evlauations?
    interview all parties; psychological testing; medical & school records; observation
  68. materials to collect from adults concerning custody
    family history, child behavior checklist, psychiatric/psychological records, med records, etc.
  69. adult and child custody interview topics & testing
    see notes
  70. judge's assumptions about same sex parents
    homosexuality=mental illness, lesbians not maternal, relationships w/ partners leave no room for relationships w/ kids, kids at risk
  71. Li v. Oregon, 2004
    APA filed several amiscus briefs concerning same-sex parenting
  72. 1 in ___ adults are under some form of correctional supervision
  73. Two out of __ offenders sent bac to jail within three years
  74. rights of inmates, based on 8th & 14th amendments
    right to treatment and right to refuse treatment
  75. Vitek v. Jones, 1980
    must have hearing before transferring a prisoner to a hospital
  76. Washington v. Harper, 1990
    Can force meds on a prisoner for treatment only with a judicial hearing; clearn & convincing evidence
  77. highest risk for sexual assualt in prison
    non-violent 1st time offenders, youth, gay/transgendered, immigrants