© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 19 Forensic Psychology

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Perspectives and History Forensic Psychology – Application of psychology to the law and the legal profession – Forensic psychologists provide testimony and expertise in legal cases

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Perspectives and History Background – 1908: Prominence rises with On the Witness Stand Hugo Munsterberg – 1962: Acceptance as expert witnesses – Continual resistance from legal types – Growth of specific professional journals

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Perspectives and History Professional Issues – Training Basic clinical experience Legal knowledge Ethics Clinical forensics – Growing number of focused programs

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Perspectives and History Ethics and Standards – Completeness and accuracy of qualifications – Technical and scientific accuracy – Impartiality – APA guide for standards

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. The Expert Witness

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. The Expert Witness – Helps to understand and evaluate evidence – Determine facts at issue – Offers opinions – Qualifications Professional training Judge has final decision – Relevance and validity Influence of Daubert case – Intended to establish a more liberal standard for the admissibility of expert evidence – Has actually resulted in more restrictive criteria

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. The Expert Witness Clinical qualifications – Education and training – Relevant experience – Research and publication – Knowledge and application of principles – Use of special tests or measurements Expert testimony must be – Reliable, relevant, helpful, and fitting

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. The Expert Witness

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. The Expert Witness

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. The Expert Witness Strategies for cross-examination – Be prepared – Be honest – Admit weaknesses – Talk in meaningful terms – Listen carefully to wording of questions – Take time to think

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Criminal Cases Insanity plea – Low success rate – Burden of proof on the accused – Legal term, NOT medical or psychological – 3 standards: M’Naghten rule Durham standard ALI standard

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Criminal Cases Competency to stand trial – State of mind during the trial period – More common than insanity Ability to appreciate the charges Cooperate reasonably with counsel Appreciate proceedings of the court

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Civil Cases Commitment to Mental Institutions – Involuntary commitment Dangerous and misused power 1 day to 3 weeks – Voluntary commitment May leave at any time Not as voluntary as it may appear – Pressure from family, friends, doctors – Court hearing to commit Must be dangerous, disturbed/disabled, require treatment

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Civil Cases Domestic Issues – Abuse – Parental fitness – Child custody “Best interest of the child” Joint custody – APA standards » Child’s developmental needs » Each parent’s strengths and weaknesses » Family interactions

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Rights of Patients Individualized treatments Physical environments Labor rights Visitation control Dignity and privacy

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Predicting Dangerousness Tarasoff case Highly over-predicted Indicators – Specific kinds of violence – Historical data – Certain circumstances or settings

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Psychological Treatment Right to treatment – Right to refusal Restoring competence Emotional support for those facing incarceration

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Consultation Jury selection – Voir dire – Peremptory challenges: a set number of challenge each side uses to remove jurors suspected of bias Jury Shadowing – Hire analogous jurors – Monitor reactions to testimony – Predict jury decisions

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Consultation

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Consultation Public opinion surveys – Trademark lawsuits – Determine if change in venue needed Witness preparation – Help witness present testimony better without modifying facts – Preparing for pressures of the stand – “Gray areas” Preparation can possibly influence testimony

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Consultation Convincing the jury – Strategies for lawyers to present case and evidence in most efficient way – Predicting responses of jury – Molding opening and closing statements for greatest effect

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Research and Forensic Psychology Eyewitness testimony – Fallibility Often unreliable and inaccurate – Information distortion – Inferences based on expectations

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Research and Forensic Psychology Eyewitness testimony – Affecting factors Stress levels Information storage Personal bias Stereotypes Weapons Age

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Research and Forensic Psychology Lineups – APA recommendations Person conducting line up does not know suspect Witness told suspect may or may not be present Suspect does not stand out in appearance Confirmation/ assessment of confidence before feedback

© 2013 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part. Research and Forensic Psychology Jury behavior – Role of instructions Wording Order – Grouping of charges Multiple charges presented together or separately Harsher sentences when charges grouped together