Forensic Psychology: Exam 1

Front 1

There are two distinct varieties of forensic psychologist, what are they?

Back 1

-civil
-criminal

Front 2

What is a graduate degree program which may adopt the scientist-practitioner model of clinical training, offering basic research and practical training in clinical psychology but with an emphasis on forensic applications, or the non-clinical model focusing training on more traditional fields of psychology such as social, developmental, or other experimental areas of psychology?

Back 2

MA

Front 3

what is a Doctorate degree program which offers training in research and practice?

Back 3

PhD

Front 4

What is a Doctor of Psychology degree program which emphasizes practice?

Back 4

PsyD

Front 5

Two or more private parties where at least one party alleges a violation of a statute or some provision of the common law is what kind of action?

Back 5

Civil action

Front 6

Where were the roots of modern day psychology and law established?

Back 6

ancient Greece

Front 7

What is the difference between inquisitorial legal systems and adversarial court systems? What is the most significant difference?

Back 7

-Inquisitorial model- a judge or magistrate takes an active role in determining the facts of the case
-Adversarial model- the judge is considered to be a referee between the two opposing sides

Front 8

What is when a judge or magistrate takes an active role in determining the facts of the case?

Back 8

Inquisitorial model

Front 9

What is when the judge is considered to be a referee between the two opposing sides?

Back 9

Adversarial model

Front 10

What percentage of psychologist tend to engage in criminal profiling and what is the belief in scientific belief in those profiles?

Back 10

-10% engage in profiling and only a small percentage believe it is scientifically reliable practice

Front 11

What is literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views?

Back 11

Amicus curiae:

Front 12

What is the principle that prior court decisions establish precedence for current cases?

Back 12

Stare decisis

Front 13

What is the request for a higher court to direct a lower court, tribunal, or public authority to send the record in a given case for review?

Back 13

Writ of certiorari

Front 14

What is an essential condition or requirement?

Back 14

Sine qua non

Front 15

Tell me about the U.S. Supreme court. How do the judges get seated, how many judges are there? General information. Supreme courts, court of appeals, know the levels lowest to highest.

Back 15

The U.S Supreme Court is the single court at the top of the judicial pyramid. It comprises nine (9) judges, called justices, who decide cases based on a majority. The court’s jurisdiction is largely discretionary; after a writ of certiorari is filed, at least four (4) justices must agree to grant certiorari and hear a case (p 15).
-There are four levels of the court. Courts of limited jurisdiction, courts of general jurisdiction, intermediate appellate courts, and courts of last resort

Front 16

How many judges are in the supreme court?

Back 16

9

Front 17

Name the 4 levels of courts

Back 17

-Courts of limited jurisdiction
-courts of general jurisdiction
-intermediate appellate courts
-courts of last resorts

Front 18

What is known as the “law of the land” because it supersedes all other laws or rules, making and passing of laws is always subject to the constitution?

Back 18

U.S. Constitution

Front 19

What are federal and state laws. Federal are granted by article I of the constitution (dealing with the military, post offices, regulating commerce). State and legislatures have the power to enact legislation regarding civil commitment, criminal law, and family law?

Back 19

Statues

Front 20

What are delegated by the federal or state government to specialized administrative agencies through authorizing statutes. As part of this delegation many of these agencies will have the authority to make rules and regulations relevant to their responsibilities and within their area of expertise?

Back 20

Administrative rules and regulations.

Front 21

What stems from English common law, when subsequent cases came before them, they reviewed earlier decisions to determine whether a previous case was sufficiently similar to the current one. If so, they applied the principles set out in the earlier decisions to the current one?

Back 21

Common law

Front 22

What is the biggest complaint about the M’Naghten rule?

Back 22

The test is too narrow or too ridged

Front 23

Guilty but mentally ill, seriousness of offenses. (GBMI)?

Back 23

These alternatives allow for a finding of guilt but a reduction in either the seriousness of the charge or severity of the punishment if mental disorder was determined to have influenced the act

Front 24

What is the research on the insanity defense?

Back 24

The research states that the insanity defense is rarely used and even more rarely successful. The public estimates that 44% is successful but the actual percentage of success is 26%.

Front 25

The public estimates that ____% on insanity defenses are successful but the actual percentage is ____%

Back 25

44%
26%

Front 26

What does it mean to be able to waive Miranda right, what does pro se mean?

Back 26

This type refers to the mental state of the defendant at the time that he or she was being interrogated by the police following an arrest and whether the defendant was able to intelligently, knowingly, and willingly waive their right to silence
-Pro se- refers to the defendant is able to intelligently, knowingly, and willfully waive his or her right to the assistance of counsel and proceed to trial pro se (for self) by representing oneself

Front 27

What is pro se?

Back 27

refers to the defendant is able to intelligently, knowingly, and willfully waive his or her right to the assistance of counsel and proceed to trial

Front 28

What is the difference between a defendant that is not restorable verses defendant that is restorable?

Back 28

People who are deemed restorable are sent to a forensic hospital to restore competency, most people who can gain competence are younger and more likely to have a diagnosed of nonpsychotic disorder, previous criminal history, and better understanding of the criminal justice system. People who are not restorable cannot be restored back to competency.

Front 29

What is actus rea?

Back 29

physical act of crime

Front 30

What is mens rea?

Back 30

Mental capacity and intention to commit a crime

Front 31

What is the public perception of the insanity defense?

Back 31

Actual use of the insanity defense is 0.9%

Front 32

Know the statistics of individuals who are found not guilty by reason of insanity?

Back 32

-0.9% of people actual use “guilty by reason of insanity”
-26% of “guilty by reason of insanity” pleas are acquitted
-9 insanity pleas per 1,000 felony cases, only 2 are successful
-14% of “insanity” pleas are for murders
-54% of “insanity” pleas are for violent offenses

Front 33

individuals who are found not guilty by reason of insanity... If they are acquitted of this what happens?

Back 33

-The individual may be unconditionally released whereby he or she in allowed to leave the court and go home.
-The individual may be conditionally released whereby he or she is permitted to live in the community but under certain conditions
-The individual may be committed to a mental health facility for treatment

Front 34

What are some key things that we look for when doing risk assessments for violence?

Back 34

-Nature of violence, the types of violence that may occur, the severity or seriousness of the violence, the frequency of the violence or how often violence may occur, the eminence or how soon violence might occur, the likelihood or probability that violence will occur

Front 35

The issue of a person’s competency may arise at which of the following stages of criminal proceedings?

Back 35

At any stage of the criminal proceedings

Front 36

Function of the competency doctrine, what are we looking for? Trying to protect individual rights, why do we have this?

Back 36

The rationale is that it is unfair to try a defendant if he or she is unable to participate meaningfully in the proceedings, also serves to protect the dignity and integrity of the court proceedings

Front 37

Approximately how many competency evaluations are conducted annually in the United States?

Back 37

60,000

Front 38

What percentages of criminal defendants go to court, what percentage make plea bargains before they actually go to court?

Back 38

96% of insanity pleas do not make it to court, only 4% makes it to court

Front 39

In approximately what percentage of felony cases to attorneys bring up the issue of competency, what percentage formally go after competency hearings?

Back 39

10% bring it up, but only formally raise the issue about 50% of the time

Front 40

What is the M’Naghten Standard?

Back 40

1. Defendant suffers from disease of the mind
2. Does not understand nature and quality of actions
3. Does not know actions were wrong
*Criticized as narrow and overly rigid

Front 41

*NGRI, basic history of NGRI, what does a person who is convicted of this typically look like?

Back 41

Male between the ages of 20-29, unemployed, single, minimally educated, diagnosed with a major mental illness, has had prior contact with criminal justice and mental health systems, and is acquitted for a violent offense

Front 42

Name 3 approaches to risk assessment

Back 42

Structured
unstructured techniques,
actuarial decision making

Front 43

What is Ideographic and qualitative in nature?

Back 43

Unstructured clinical judgment

Front 44

What is...
-Nomothetic and quantitative in nature
-Algorithmic, objective approach
-More accurate when directly compared to UCJ ?

Back 44

Actuarial decision making

Front 45

What is...
-Melding of approaches
-Consideration of risk factors and professional experience temper actuarial prediction?

Back 45

Structured professional judgment

Front 46

What due processes do not protect a person who is dealing with a civil commitment procedure?

Back 46

-The person has the right to legal representation through the process
-The person has the right to regular review of commitment
-The party seeking civil commitment is responsible for providing the person meets the grounds for civil commitment
-Decisions about civil commitment must respect the least restrictive alternative principle, which holds that the goal of protecting the person or the public must be accomplished in a way that minimizes any infringement on the person’s rights and freedoms.
**Civil commitment is an inherently coercive process

Front 47

Over the past 20 years, what are some of the alternatives to traditional civil commitment?

Back 47

-Outpatient commitment, psychiatric advanced directives (people can express their preferences for future treatment when they are fully competent to do so), and to provide better voluntary health care services so that civil commitment is not necessary

Front 48

Know the different levels of power. (police authority, police power) Know what power it is when they have to get control over people who threaten public

Back 48

Police powers are to control people who threaten public order

Front 49

Civil commitment verses criminal commitment, what is the difference?

Back 49

-Civil commitment is involuntary treatment or hospitalization of individuals on the grounds that they pose a risk to themselves or others on account of mental disorder
-Criminal commitment is a sentence following conviction for a criminal offense and a criminal commitment is inherently and deliberately punitive. It is intended to make people suffer for harms they have perpetrated an or which they are morally culpable.

Front 50

What is involuntary treatment or hospitalization of individuals on the grounds that they pose a risk to themselves or others on account of mental disorder?

Back 50

Civil commitment

Front 51

What is a sentence following conviction for a criminal offense and is inherently and deliberately punitive. It is intended to make people suffer for harms they have perpetrated an or which they are morally culpable?

Back 51

Criminal commitment

Front 52

31. What is the civil court for civil commitment care about verses the criminal court? (past mental health, or what is going on in the present)?

Back 52

31. What is the civil court for civil commitment care about verses the criminal court? (past mental health, or what is going on in the present)?
 Criminal Vs. Civil Commitment
Criminal Commitment
-Deliberately punitive
-Focus on moral culpability
-Focus on past
Civil Commitment
-Preventive vs. punitive
-No assumptions or moral culpability
-Focus on present and future risk

Front 53

What is...
-Deliberately punitive
-Focus on moral culpability
-Focus on past?

Back 53

Criminal Commitment

Front 54

What is...
-Preventive vs. punitive
-assumptions or moral culpability
-Focus on present and future risk?

Back 54

Civil Commitment

Front 55

Risk for sexual violence, what is the most strongly related factor for risk of sexual violence?

Back 55

.

Front 56

33. In samples of criminal offenders, the major risk factors for violence are _________ ______and ________ _____ (p 108).

Back 56

personality disorders (i.e. APD, Psychopathy) and substance abuse

Front 57

In criminal offenders which mental disorders have been linked to violent behavior?

Back 57

Schizophrenia, Bipolar Disorder (mania), and Major Depression

Front 58

What percentage of marriages end in divorce?

Back 58

50% of marriages end in divorce or separation

Front 59

What percentage of divorces have children issues?

Back 59

60% of marriages that end in divorce involve children

Front 60

What percentages of marriages end in divorce or separation end within the first seven years?

Back 60

50% of marriages that end in divorce do so in 7 years. (p. 75)