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Psychology and law

QuestionAnswer
forensic psychologists generate and communicate information to answer specific legal questions or to help resolve legal disputes
Miranda rule guaranteeing the right to remain silent
due process model, places primary value on the protection of citizens, including criminal suspects, from possible abuses by the police and the law enforcement system generally.
crime control model, seeks the apprehension and punishment of lawbreakers.
equality all people who commit the same crime or misdeed should receive the same consequences.
Discretion considering the circumstances of certain offenders and offenses to determine the appropriate consequences for wrongdoing
profiling viewing certain characteristics as indicators of criminal behavior.
principle of proportionality punishment should be consistently related to the magnitude of the offense.
characteristics these persons’ abilities, perspectives, values, and experiences—all the factors that influence their behavior
Matal v. Tam Even racially offensive speech is protected,
sentencing disparity, tendency for judges to administer a variety of penalties for the same crime.
racial bias police officers, prosecutors, jurors, and judges use an individual’s race as a basis for judging his or her behavior.
Implicit bias unaware that they are being influenced by race
determinate sentencing the offense determines the sentence, and judges and parole commissions have little discretion.
Settlement negotiation involves a sometimes lengthy pretrial process of give-and-take, offer-and-demand that ends when a plaintiff agrees to accept what a defendant is willing to offer money to end their legal disagreement
amicus curiae brief provide the courts with information from psychological science and practice relevant to the issues in a particular case.
precedents rulings in previous cases for guidance.
Case law the law made by judges ruling in individual cases—is very influential; statutes and constitutional safeguards do not apply to every new situation, so past cases often serve as precedents for deciding current ones.
stare decisis Judges typically are reluctant to make decisions that contradict earlier ones, as the history of the Supreme Court’s school desegregation cases indicates.
Brown v. Board of Education that public school segregation was contrary to the notion of equality for all
McLaurin v. Oklahoma State Regents the U.S. Supreme Court ruled unanimously that these procedures denied McLaurin the right to equal protection of the law.
randomized controlled trials accumulate knowledge about what works in the legal system and what does not
Tarasoff v. Regents of the University of California. focuses on the duties required of psychotherapists whose clients threaten violence to identifiable others.
basic scientist study a phenomenon for the satisfaction of understanding it and contributing to scientific advances in the area
applied scientist dedicated to applying knowledge to solve real-life problems
expert witness someone who possesses specialized knowledge about a subject, knowledge that the average person does not have.
Daubert v. Merrell Dow Pharmaceuticals, Inc trial judge must determine whether the testimony is relevant and if relevant, whether it is based on reliable and valid science
Daubert judges must become savvy consumers of science if they are to decide which opinions qualify as “scientific.”
policy evaluator provides data to answer questions
forensic evaluators they are either court-appointed or hired by one of the parties involved in the litigation
Ethical Principles of Psychologists and Code of Conduct serve as important sources of authority and may affect the judgments of courts regarding the admissibility and weight of forensic assessment evidence.
trial consulting assist defense lawyers in highly politicized trials resulting from antiwar activities in the United States.
Created by: rhoerner
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