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60 Cards in this Set

  • Front
  • Back
There are two distinct varieties of forensic psychologist, what are they?
-civil
-criminal
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?
MA
what is a Doctorate degree program which offers training in research and practice?
PhD
What is a Doctor of Psychology degree program which emphasizes practice?
PsyD
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?
Civil action
Where were the roots of modern day psychology and law established?
ancient Greece
What is the difference between inquisitorial legal systems and adversarial court systems? What is the most significant difference?
-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
What is when a judge or magistrate takes an active role in determining the facts of the case?
Inquisitorial model
What is when the judge is considered to be a referee between the two opposing sides?
Adversarial model
What percentage of psychologist tend to engage in criminal profiling and what is the belief in scientific belief in those profiles?
-10% engage in profiling and only a small percentage believe it is scientifically reliable practice
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?
Amicus curiae:
What is the principle that prior court decisions establish precedence for current cases?
Stare decisis
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?
Writ of certiorari
What is an essential condition or requirement?
Sine qua non
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.
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
How many judges are in the supreme court?
9
Name the 4 levels of courts
-Courts of limited jurisdiction
-courts of general jurisdiction
-intermediate appellate courts
-courts of last resorts
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?
U.S. Constitution
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?
Statues
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?
Administrative rules and regulations.
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?
Common law
What is the biggest complaint about the M’Naghten rule?
The test is too narrow or too ridged
Guilty but mentally ill, seriousness of offenses. (GBMI)?
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
What is the research on the insanity defense?
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%.
The public estimates that ____% on insanity defenses are successful but the actual percentage is ____%
44%
26%
What does it mean to be able to waive Miranda right, what does pro se mean?
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
What is 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
What is the difference between a defendant that is not restorable verses defendant that is restorable?
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.
What is actus rea?
physical act of crime
What is mens rea?
Mental capacity and intention to commit a crime
What is the public perception of the insanity defense?
Actual use of the insanity defense is 0.9%
Know the statistics of individuals who are found not guilty by reason of insanity?
-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
individuals who are found not guilty by reason of insanity... If they are acquitted of this what happens?
-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
What are some key things that we look for when doing risk assessments for violence?
-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
The issue of a person’s competency may arise at which of the following stages of criminal proceedings?
At any stage of the criminal proceedings
Function of the competency doctrine, what are we looking for? Trying to protect individual rights, why do we have this?
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
Approximately how many competency evaluations are conducted annually in the United States?
60,000
What percentages of criminal defendants go to court, what percentage make plea bargains before they actually go to court?
96% of insanity pleas do not make it to court, only 4% makes it to court
In approximately what percentage of felony cases to attorneys bring up the issue of competency, what percentage formally go after competency hearings?
10% bring it up, but only formally raise the issue about 50% of the time
What is the M’Naghten Standard?
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
*NGRI, basic history of NGRI, what does a person who is convicted of this typically look like?
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
Name 3 approaches to risk assessment
Structured
unstructured techniques,
actuarial decision making
What is Ideographic and qualitative in nature?
Unstructured clinical judgment
What is...
-Nomothetic and quantitative in nature
-Algorithmic, objective approach
-More accurate when directly compared to UCJ ?
Actuarial decision making
What is...
-Melding of approaches
-Consideration of risk factors and professional experience temper actuarial prediction?
Structured professional judgment
What due processes do not protect a person who is dealing with a civil commitment procedure?
-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
Over the past 20 years, what are some of the alternatives to traditional civil commitment?
-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
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
Police powers are to control people who threaten public order
Civil commitment verses criminal commitment, what is the difference?
-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.
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?
Civil commitment
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?
Criminal commitment
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)?
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
What is...
-Deliberately punitive
-Focus on moral culpability
-Focus on past?
Criminal Commitment
What is...
-Preventive vs. punitive
-assumptions or moral culpability
-Focus on present and future risk?
Civil Commitment
Risk for sexual violence, what is the most strongly related factor for risk of sexual violence?
.
33. In samples of criminal offenders, the major risk factors for violence are _________ ______and ________ _____ (p 108).
personality disorders (i.e. APD, Psychopathy) and substance abuse
In criminal offenders which mental disorders have been linked to violent behavior?
Schizophrenia, Bipolar Disorder (mania), and Major Depression
What percentage of marriages end in divorce?
50% of marriages end in divorce or separation
What percentage of divorces have children issues?
60% of marriages that end in divorce involve children
What percentages of marriages end in divorce or separation end within the first seven years?
50% of marriages that end in divorce do so in 7 years. (p. 75)