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Law and Science in the courtroom (Interrogation technique (Mirroring,…
Law and Science in the courtroom
Jobs
Forensic Psychopathy - mainly deals with well focused and regulate he cause of death by examining a corpse.
Forensic Psychopathology - mainly deals with the meaning of evidence with respect to mental health phenomena.
Understanding offences & rehabilitation in the light of mental and personality disorders
Mental disorders
Impact on sentencing and parole
Eyewitness Testimony
Offender profiling
Mental fitness assessment
Risk Assessment
Rehabilitation & Prevention
Crisis negotiation
Substance abuse
Gang dynamics
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Evidence
Direct evidence
What was actually witnessed
Can only speak on what was seen/smelt/heard
Experienced first-hand
More powerful
Expert evidence
Anything admissible on court rulings
Experiences and experiments to examine physical evidence
Whomever providing evidence must be qualified
Circumstantial evidence
Inferred based on facts
No real eyewitness
All evidence is equal in the courtroom
Ethics
A system of moral values
Usually developed by a community or group
Promotes well-being
Punishes any undermining behaviour
Many moral principles
Utilitarian - Consequence based - consequences are all that matter, the ends justify the means
Moral Relativism - Duty Based, being an active agent in bad choices, which in turn outweighs the circumstances
Court
Inquest - to inform the public
Accidental Death & Construction
Discretionary
Collaborative
Mandatory
Deaths in custody
5 Jurors
Produce evidence
Proceeding - to determine guilt/innocence
Person on trial
Adversial
12 Jurors
Disclosed evidence
Players
Judge
Decides what evidence is allowed to be brought into the courtroom
Look at evidence rather than facts
Juror
Formal selection process
Weight evidence over facts
Civic duty
Lawyers
Crown
Represents the public
Argues for the victim
Society based
Defence
Argues for the accused
Client based
Witness
Potential eyewitness
Questioned by both sides
Testimonial evidence
Mental Health
Anyone deemed unfit to stand trial
If they can't understand the consequences of court
Unable to communicate or talk to lawyer
Considered not criminally responsible
Fitness to stand trial is not related to mental state at time of offence
Anyone unfit to stand trial, the judge can order you medication to make you fit
Called a treatment order
If patient refuses this treatment order then it could be given in the mouth or through injection forcefully
Public Outcry
Every man is presumed to be sane, to determine a defence on ground of insanity, it must be clearly proved that at the time of the offence there was a defect from disease of the mind
Ciminal Code
Section 16 (1)
No person is criminally responsible from an act committed while suffering from a mental disorder that makes a person incapable of knowing it was wrong
Mental Disorder
In the legal sense "disease of the mind"
Accepts any illnesses, disorder or abnormal condition that impairs the human mind
Excludes self-induced states caused by alcohol/drugs or hysteria/concussion
Gouge Theory
Paediatric forensic pathology
Compentent of professionals
Interrogation technique
Mirroring
Pacing
Personalizing
Listen
Anchoring
Eyes, mouth, arms and legs pay attention to nonverbal indicators
Also may indicate stress and acception
1005951383
Sabyna Habib
Unfit for court, judge determines mental health state