Social Science & The Law: Where Psychology & The Legal System Intertwine
Week 3
Week 1
Week 2
Problems with malingering: difficult to detect despite many different assessments; some of these measures have conflicting findings.
Week 4
Week 5
Forensic psychology- no official definition; involves the application of psychological knowledge and expertise to the legal system
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Most MHCs have 6 characteristics: serves the mentally ill, recidivism avoidance & increased treatment, rules and conditions must be followed, supervision, and praise/encouragement or punishment/consequences
Multiple legal systems in the US: criminal, civil, and quasi-criminal. All operate independently of one another and cases can be diverted from one to the other, depending on the state law, the investigations of the police and attorneys, the victims' preferences, and potential mental illness involved.
Controversies of MHCs: some are only dual-diagnosis courts, some use jail as a sanction frequently in noncompliance.
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Even if a defendant is malingering to avoid trial, they may be likely discovered down the line when treatment becomes involved.
The more sources that an expert can use to evaluate a defendant, the more accurate and useful it will be for the courts. However, multiple sources that have divergent findings can be counterintuitive.
Although not restricted, some find dual relationships unethical due to the contradictions that exist between the two roles (forensic psychologist vs. clinical therapist)
These courts are rising in number and will most likely continue to, so more research needs to be done in concern to MHCs' efficacy.
Ways to increase accuracy & reliability: use multiple measures/assessments, use third party data (medical charts, physical exams, brain scans, psych assessments via clinical interviews
Week 6
Difference between an examiner and a therapist: examiner focuses on finding the truth for the court while a therapist focuses on the treatment and well-being of the client. As an examiner, the client is technically the court rather than the person being examined
Telebehavioral health may be a solution to dual relationships. It opens a wider selection of experts to choose from, given the limited resources that are often available to the court systems around the US.
Dangers of a dual relationship: can cause harm to come to the client, which violates the therapeutic guidelines, testimony can become biased and unreliable in the instance that the expert is so concerned/guilty with causing harm.
Guidelines have been put in place by multiple sources to make dual relationships more manageable, but the AMA advises that experts should not testify unless the patient consents or it is strictly ordered by the court.
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Evaluation tools that can be (at the minimum) used to guide evaluators through assessment are available: CAI, FIT-R, MacCAT-CA, ECST-R. Some are less problematic than others and can be used with safer accuracy.
Defendants' rights need to be safeguarded during the competency determination. Outpatient assessments are used more frequently and medication can still be provided over the defendant's will to restore competency
Judges tend to rule with the majority rule of the examiners as they have faith in their expertise. If judges decide to rule against the examiners in any given case, it tends to be towards a ruling of incompetency against the examiners' opinion of competency.
According to Gowensmith et al. (2012), unanimous agreement among evaluators occurs in 70.9% of initial CST cases, which is a fair rating. In subsequent cases, it is 61% of the time, which is not as accurate and could use improvement.
Courts frequently use multiple evaluators when deciding on a defendant's competency to stand trial. Research has shown that there are great rates of agreement among evaluators that are similar trained and use structured CST measures.
Qualifying for a psychotic disorder and competency are not mutually exclusive.
Mental health courts are criminal courts for people suffering from mental illness or when competency is in question. Attorneys and judges are more collaborative because of a shared goal to improve and get help for defendant.
Psychologists contribute positively to the legal system in various ways: jury selection, testimony, defendant evaluations, etc.
The Federal Rules of Evidence provide efficient guidelines as to what should be admissible in terms of expert testimony. Rule 704(a) is important- allows experts to give opinions on ultimate issues, but experts should avoid doing so. Nevertheless, they are not specific enough when it comes to detailing the experience that an expert should have on the subject for which they are testifying.
There are specific differences between psychology & law that may contribute to the tension & contradictions between the two.
Because of the variation in forensic psychology, certain aspects can be improved and further expanded.
There is a common misconception that Miranda rights are generally understood by everyone, but a good portion of the community (including defendants) lack an accurate working knowledge and are misguided. It shouldn't be assumed that education, intelligence and past experiences provide a better insight into one's Miranda rights.
Most have a basic understanding of the right to silence and legal counsel, but many falsely believe that silence is self-incriminating
Based on research findings, certain types of interrogation techniques are unusually likely to produce false confessions.
Witness competency is contingent on the person's capacity to observe, recall, and report events witnessed and to understand the oath
Week 7
The risk of re-arrest among NGRIs are largely limited to the first few years of release. Probability of being re-arrested is minimal after 10 years of no re-arrest.
Demographic and criminogenic factors are important in the prediction of arrest. Length of stay (hospitalization) has little to no effect on both general and violent recidivism.
Every test of insanity requires 1. that the defendant have a mental defect or illness and 2. the dysfunction directly caused the defendant's actions at the moment of the crime. It must be shown that "but for" the disorder/defect, the crime would not have occurred
Week 8
A lot of judges employ a mix of interventionist and non-interventionist strategies to avoid racial disparities and discrimination, depending on the stage of trial
Racial disparities may in part exist because of differential treatment by criminal justice officials, whether intentional or unintentional. Some believe it may be due to the differential impact of facially neutral laws and differences in criminal offending rates.
There has been a shift from the rehabilitative/incapacitative model of sentencing toward determinate sentencing, limiting the role of mental health professionals
Variance in sentencing has largely to do with the specific judge. Judges vary in sentencing goals: some focus more on rehabilitation while others focus on retribution.
Week 9
Prior to the positive influence of feminism, child victims of sexual abuse were deemed liars or delinquents, being blamed for the abuse rather than the offender.
Towards the late 60's and early 70's, laws started to be passed directly addressing child abuse and mandated reporting of it, as research was indicating how traumatic and damaging child maltreatment and sexual abuse were to the well-being of the child.
Professional societies created by medical professionals, mental health experts, and social activists continue to be integral in protecting against child abuse.
Despite the improvements that have been made in the law to combat child abuse and maltreatment, there is still division in how laws should be shaped and how specific they should be written, causing confusion and generalities in some instances. There are also still plenty of cases that go unreported.
Week 11
The validity of clinical scales re: job performance is low. The matrix methodology is a sound method since it is purely scientific and combines the different levels of evaluation
Including base rates significantly improve decision making accuracy in assessing performance or hiring law enforcement and are simple enough to use/calculate. They can also be good in predicting future behavior. Not using them can cause bias and inaccuracy
Multiple sources are used in law enforcement selection: physical, medical, psychological functioning
The Federal Rules of Evidence are vague in the specifications that an expert witness should have. This allows some "experts" like psychologists to testify about specific fields with which they aren't necessarily experienced.
FFDEs are commonly submitted by mental health professionals who have little experience with police psychology or knowledge of the police officer's roles, or those who have biases and conflicts. Ways to avoid bias and false validity include getting a second opinion from a well qualified examiner
Week 12
Women who deviate from multiple traditional gender stereotypes are disproportionately targeted with multiple varieties of gender harassment, even in female dominated workplaces.
Gender harassment is the most common type of sexual harassment that women experience, which can include sexist remarks and crude behavior
In a sexual harassment law suit, plaintiff must establish: 1) plaintiff was subjected to "unwelcome conduct" 2) The conduct was based upon sex and 3) it caused harm. In hostile work environment claims specifically, the conduct must be proven to be "sufficiently severe or pervasive"
Two types of sexual harassment: quid pro quo and hostile work environment.
Quid pro quo occurs when a supervisor grants or withholds a job benefit on a subordinate's unwillingness to comply with sexual advances.
Hostile work environment occurs when an employee is subjected to unwelcome sexual conduct that is sufficiently severe or pervasive as to alter the conditions of the victim's employment and create an abuse working environment.
Week 13
Battered woman syndrome is a phrase that is disfavored by many professionals because it carries implications of pathology, the victim was predisposed to battering, and it fails to adequately represent the scientific knowledge available about battering and its effects
In a self defense claim, the defendant must prove that she honestly and reasonably believed that 1) she was in imminent or immediate danger of unlawful harm 2) use of force was necessary to prevent her loss of life or injury 3) force was not excessive compared to the threat
Battering encompasses physical abuse, sexual abuse, and/or psychological abuse and has a range of severity that fluctuates throughout the relationship and dependent on the batterer's moods
Battered women come from all walks of life: the stereotype of a poor, dependent woman with no skills or education is false. The important variable is the amount of violence and threat she has experienced
Week 14
Modern rape law now focuses on the perpetrator's behavior and not the victim's response. The "consent" standard is the main focus today.
Only 20 states have accepted Rape Trauma Syndrome as medical evidence to show that a woman was raped and didn't consent
RTS still continues to gain strong empirical and clinical backing as a normal, traumatic psychiatric response to nonconsensual sex
PTSD may be more beneficial (and less confusing) to use in court, so long as it includes the postrape features that are not necessarily covered under a typical diagnosis of PTSD. Other coinciding traumas should also be ruled out.
Week 15
Human trafficking is under-reported and difficult to prosecute. Part of the problem is the limited knowledge that police have of trafficking, as well as their ability to identify and respond to it
Few cops believe that trafficking is a significant issue in their departments, most don't receive training for it, and most don't have specific policies in place to address it
Another important issue is the way trafficking is defined; although it clearly states the victimizing and exploitative nature of trafficking, it isn't transferred into practice and action well
Prosecution of these cases can be because of local investigatory errors, time constraints, lack of victim-centered protocols and resources, and lack of organizational support
Human trafficking investigations should be more victim focused, specifically in treatment and inclusion in the investigation. Trafficking survivors have unique knowledge that investigators don't have, but the level of mistrust in the relationship between the two is significant
Week 16
Sexual offenders do target particular victims on dynamic terms, and they tend to choose their victims based upon either proximity or vulnerability.
The federal government and all states have enacted their own versions of "Megan's Law", which is a system or registration and community notification. States are required under federal law to enact a registry that convicted sexual offenders must register their personal information with the police.
Megan's law has faced challenges (privacy, double jeopardy, cruel and unusual punishment, etc.) but courts have found it necessary for the community and not a threat/punishment to the offender.
Treatment for sexual offenders is community focused rather than "curing or healing" focused for the offender. The client is actually the community at large and its ongoing safety from further sexual offense from the individual
Treatment mainly involves addressing the offender's cognition, specifically his rationalizations and minimization, and getting him to understand the justifications they use.