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Forensic Psychology - Coggle Diagram

- - - - codified
      - written set of principles/rules
      - judge have active role + direct trial, question witness
      - expert appointed by court, not one side
      - lawyer assist court + represent client
    - - based on common law
      - written in past court decisions
      - lawyers present evidence + witness
      - judge final arbitrator
      - lawyer advocate for client
  - - - included in Constitution Act
      - supreme law
      - can't be overridden (generally)
      - requires interpretation by judiciary
    - - Canada is common law country
      - most law federal/provincial legislation
      - law written in legislation
      - vague
      - can't anticipate every circumstance
      - provide guideline for judge on how to apply reasonably
    - - laws derived from previous cases
      - not written in legislation
    - - interpret + enforce
  - - - presided by provincially appointed judges
      - most criminal cases
      - 1/2 family cases
      - youth cases
      - civil cases with small amounts of $$
      - no option to be tried by jury
    - - presided by federally appointed justices
      - some criminal + civil cases
      - divorce applicants
      - appeals from provincial courts on matters of small claims
      - family cases
      - can elect trial by judge alone or trial by judge + jury if prison maybe 5+ years
    - - civil + criminal appeal
      - appeal courts, not trial courts
      - federally appointed justices in groups (panels)
      - majority decision
      - appeal a verdict...
        
        Crown on questions of law
        
        accused on questions of law, fact, or mix of law and fact
    - - decisions binding on all inferior courts
      - provincial courts not bound to decisions made in other provences
  - - - human rights code
      - Canadian Charter of Rights and Freedoms
    - - identity of discriminator
      - nature of discrimination
    - - law infringes
      - application of law infringes
  - - - actus reus
        
        act itself
        
        committed particular act
        
        sometimes failure to do something
      - mens rea
        
        mental state of perpetrator
        
        NOT motive
        
        of planned + deliberate
        
        exceptions eg killing cop
    - - summary offences
        
        less serious
        
        relatively minor penalties
        
        <$2000 fine
        
        <6 months prison
      - indictable offences
        
        more serious
        
        very serious penalties
        
        3 classes
        
        within exclusive jurisdiction of superior court (most serious)
        
        within exclusive jurisduction of provincial court (least serious)
        
        electable offences decide if heard by provincial or superior court
      - hybrid offences
        
        discretion of Crown
        
        eg assault
        
        choose
    - - negate actus reus
        
        involuntary
        
        automatism
        
        only raise reasonable doubt
      - negate mens rea
        
        insanity
        
        intoxication
        
        mistake of facts
      - justification
        
        justified
        
        eg self defense
        
        eg correct children (child abuse???)
      - excuse
        
        admit to doing
        
        legal excuse
        
        eg duress
    - - source of evidence law
        
        only hear evidence needed for fair + just decisions
        
        most found in case law aka common law
        
        Canada Evidence Act
      - admissible evidence
        
        admissibility
        
        whether evidence can be heard
        
        not the same as weight!!!!!!
        
        weight
        
        determine how important evidence deemed to be
        
        may be given no weight
        
        unreliable
        
        prejudicial effect outweigh probative value
        
        should be prohibited on policy grounds
      - opinion/expert evidence
      - presented if no guilty plea