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Law and Science in the Courtroom (manages (expert witnesses (admissibility…
Law and Science in the Courtroom
requires
different
fields of study
like
Forensic Psychopathology
is
the field of study
that analyzes and researches mental illness in a forensic context
that focuses on
questions like
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psyche=
"soul of mind"
pathos=
"suffering"
logia=
"the study/language of"
workers
are
Forensic psychopatholgists
deal with
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helps
in the courtroom
by
telling the court their knowledge on delusional behaviour
diseases
include
psychopathy
is a personality disorder
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research history
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creates
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uses
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Forensic Psychopharmacology
defines
as
psycho
"soul of mind"
pharmaco
"the effects of drugs on the body and how the body reacts"
logy
"the study or language of"
refers
to
psychoactive drugs
are
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effect
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examples
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Forensic pathology
which is
the field of study
that
focuses on the cause of death
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Forensic psychology
is
examining and predicting specific traits and behaviours
in a legal context
which includes
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deals with
offender profile
mental fitness assessment
rehabilitation
prevention
hate crimes
focuses on
legal liability
actus reus
means
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is
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mens rea
means
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is
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shows
importance
to
mental health
is
an individuals mental well-being
interesting
because people are not knowledge and are trying to understand
connection of medicine and law is interesting
issues
include
schizophrenia
cases
in the courtroom
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addictive behaviours
paranoia
Psychosis
effect
your mood
behaviours
thinking
correlation to violence/crime
in court
includes
the fitness to stand trial
the presumption of fitness
means
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means that the accused's state of mind at the time of trial
it is the psychiatrist job
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must be an active participant at the trial
unfit
means
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you will known it when you see it
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professional assess unfit individuals
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can be determined at any time of the case/trial
when determined
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not criminally responsible
also known as
NCR
history
of
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test
is the accused NCR for an act or omission while suffering a mental disorder
presumption: not to suffer from a mental disorder: therefore exempt from NCR.. Until the contrary is proven on a balance of probabilities
the burden of proof is on the party that raises the issue of an accused suffering from a mental disorder and is therefore NCR
case of
Trevor Kloschinsky
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Peter Woodcock
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modern approach
is
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key elements
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when are considered NCR
you are
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understanding a proceeding
mentally ill accused should be able to communicate
through
cases
like
Bouchard-Lebrun case, 2011
showed importance to the definition of mental disorder
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Taylor case, 1992
disorders
mean
"a disease of the mind"
exhibits
the necessity of
ethics
through
are
a theory of system of moral values
which depends on the society you live in
are part of
The Code of Ethics
ethical theory
at UTM
include
the UTM ethics proposal
evaluation
includes
group vulnerability
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research risk
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can be understood through
The Trolley Problem
is
a thought experiment regarding ethics
repersents
two schools of thought
are
Utilitarianism
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Moral Relativism
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is helpful in analyzing
wrongfully convicted
is caused by
eyewitness identification error
regards
unreliable memory
questionable police practices
inadmissible expert evidence
assumption of reliable evidence
statistics
81% of wrongful convictions because of eyewitness identification error
1.4x likely identify someone of the same race
false confessions
can be
voluntary
stress-complaint
coerced complaint
non-coerced complaint
non-coerced persuaded
coerced-persuaded
are tested through
the confessions rule
which explains
that the court will only admit a confession as evidence if
there are no threats or promises
there is no police trickery or oppression
the accused can be shown as of the operating mind behind the confession
is used
to guard against the dangers of false confessions
includes
Mr.Big sting operations
which is when
undercover police create a criminal organization that is run by a fake "Mr.Big"
is a way
to obtain a confession
causes
tunnel vision
is not assessed by the confessions rules
new standard
was developed
through
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false guilty pleas
due to
a lesser sentence
statistics
36% of Innocence Canada's exonerates either confessed or plead
unreliable witnesses
jailhouse informants
known as
"snitches"
perjury
evolution and errors in forensic science
forensic science is not always reliable
one of the leading causes of wrongful convictions
media portrays forensic science as perfect
includes
hair microscopy
which is
highly unreliable
tunnel vision
is
the tendency of individuals to focus on one suspect, believing they are guilty, and processing evidence on that basis
consequences
confirmatory bias
hindsight bias
outcome bias
professional misconduct
is when
the police, prosecution handle the case wrong
is done
from external pressure
usually with no ill-intent
example
is withholding evidence
systematic racism/discrimination
statistics
racial minorities at higher risk of being wrongfully convicted
In Canada, 27% of entries in prisons are aboriginals/indigenous and are wrongfully convicted
women are 1% of exonerates
get help from
Innocence Canada
is
a non-profit organization
a registered charity
dedicated to
identifying, advocating for, and exonerating indivduals
who
were wrongfully convicted
victims of a miscarriage of justice
was
founded in 1993
work
to prevent injustices in the future
through
legal education
reform
to review and correct past wrongful convictions
includes
three stages
Preliminary review stage
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full review and investigative stage
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CCRG and litigation stage
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cases
include
The Mullins-Johnson case
Bill Mullins Johnsons was accused of sexually assaulting and murdering his niece
was a victim of Dr. Charles Smith
was in prison for 12 years
a flawed testimony by Dr Charles Smith was what caused Mullins-Johnson to be wrongfully convicted
The Hanemaayer case
was wrongfully convicted by a crime that Paul Bernardo did
confessed to the crime even though he didn't do it, for a lesser sentence
was acquitted in 2008
The Kumar case
was accused of killing his baby son through shaken baby syndrome
was a victim of Dr. Charles Smith
plead guilty for a lesser sentence (false guilty plea)
was acquitted in 2011
The Marshall case
Donald Marshall Jr. was wrongfully convicted of a murder in 1971
Donald spent 11 years in prison before being acquitted in 1983
authorities had tunnel vision in this case, which led to the wrongful conviction
mandate
is
to review and correct past wrongful convictions
are effected by
discrimination and vulnerable populations
which includes
race
gender
socioeconomic
age
mental health
culture
linguistic
manages
expert witnesses
admissibility
process
oath or affirmation : the expert witness must swear that the evidence given by them should be the truth, the whole truth, and nothing but the truth
voir dire
is
a trial within a trial
done to
determine the status as an expert witness
is a hearing that determines
a) the admissibility of evidence ; or
b) the competency of a witness or juror
examination in chief : the Crown asks questions
cross-examination : Defence asks questions
re-examination
testify through
training, education, qualifications etc.
are permitted to
offer opinions
only when
the layperson's knowledge or experiences are unlikely to reach the correct decision
Canadian case
is
R. v. Mohan
in which
a medical doctor was accused of sexually assaulting his patients, expert witness gave testimony that Dr.Mohan did not fit the psychiatric profile of someone who would commit the offence
therefore
the judge found the expert witness and their evidence was inadmissible
witnesses
like
lay witnesses
testify through
personal experiences/knowledge
eye witness
testify through
evidence they saw first hand
direct/fact witnesses
testify through
bare facts (what they saw, heard etc.)
evidence
admissibility
requires four criteria
relevance
meaning
is the evidence misleading in that it is out of proportion with reliability?
2.necessity in assisting the trier of fact
meaning
expert witness and their evidence is not needed if the trier of fact can make a decision by themselves
3.the absence of any exclusionary rule
include
the three mechanisms of exclusion
1) prohibited by statue: eg. record of criminal convictions of an accused
2) common law rules of evidence: rules developed in court eg. hearsay evidence is admissible
3) prohibited by operation of a statue even if not explicitly stated in the statue eg. Canadian charter of rights and freedoms eg. everyone has the right to be secure against unreasonable search and seizure
a properly qualified expert
must
be shown to have gained enough knowledge/training and qualification through their studies, research and/ or experience regarding the area of question in court
is
facts or information that supports or contradict a claim
identify's
problems
like
professional misconduct
which is when
the police, prosecution, and defence are effected
can result from external pressure
is not usually done with ill-intent
by
suggesting
solicitor-client relationships
making apparent
the risks/consequences
pediatric forensic pathology
by
reviewing and assessing pediatric forensic pathology that was overseen in Ontario
between the years 1981-2001
from
Dr. Charles Smith
was
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had
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cases
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resulted in
The Goudge Inquiry
was
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purpose
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tunnel vision
by people in the legal proffesion
is
when individuals are focused on one suspect believing that they are guilty
consequences
confirmatory bias
hindsight bias
outcome bias
involves
criminal/civil proceedings
is a person or corporation
in
trial
legal responsibility
have
disclosed evidence
Appealable decisions
12 jurors
a trier of fact
are
adversarial
used to make a verdict of guilty or not guilty
the
players in the courtroom
in an adversarial system
comprised of
courtroom clerk
court reporter
witness
accused
defence counsel
crown
the judge and or jury/trier of fact
is
the evidentiary gate keeper
the referee
is
two parties
each advocate for their party
crown attorney (prosecute criminal offences)
defence counsel (advices accused)
inquests
requires
answering
who
what
where
when
how
by what means
informing the public
making recommendations
facts of a case
discussion from a variety of different parties
production of evidence
have
two types
mandatory inquests
examples
accidental deaths in construction
deaths in custody
is
making recommendations to avoid these kinds of deaths
discretionary inquests
are
called by the chief coroner when something needs to be changed
5 jurors
are
collaborative
to
avoid
unnecessary deaths
not
adversarial
uses
interview and interrogation
techniques
like
rapport
is
established
through
mirroring
pacing and leading
personalizing
listening
anchoring
empathy
creating a bond with someone or a group of people
to
understand
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communicate better
observing
non-verbal behaviour
of stress and deception
is indicated
through the eyes
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through the mouth
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through the arms
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through the legs
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generally through
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through
familiarizing yourself in advance
determining the subjects norm
the timing of the non-verbal behaviour
observing behaviour in clusteres
assessing statements
by
asking questions
like
why
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Muskandeep Dhillon
1006217559