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Chapter 3

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Department
Psychology
Course
PSYCH 3CC3
Professor
Richard B Day
Semester
Fall

Description
CHAPTER 1: INTRODUCTION 9/12/2013 11:53:00 AM Forensic psychology: a field of psychology that deals with all aspects of human behavior as it relates to the law or legal system.  Often referred to as legal or criminological psychology Narrow definitions: focus on certain aspects of the field while ignoring other important ones. Focuses on application Ie. clinical forensics. Broad definitions: less restrictive than narrow definitions. Focused on application and research in forensics. The Role of a Forensic Psychologist  Clinical forensic psychologist: broadly concerned with the assessment and treatment of mental health issues as they pertain to the legal or law system. Ie. may determine fitness to stand trial. May need a license.  Forensic psychiatry: a field of medicine that deals with all aspects of human behavior as it relates to the law or legal system. Can prescribe medication, unlike forensic psychologists, and relate to medical models.  Experimental forensic psychologists: psychologists who are broadly concerned with the study of human behavior as it relates to the law or legal system. Ie. interested in any research issues.  Forensic legal scholars: professors that allow others to receive degrees in forensics. Relationship between psychology and the law  Psychology AND the law: the use of psychology to examine the operation of the legal system. Ie. “Are eyewitnesses accurate?”  Psychology IN the law: the use of psychology in the legal system as that system operates. Ie. claiming that based on psychological assessment a witness may have incorrectly identified a suspect.  Psychology OF the law: the use of psychology to examine the law itself. Ie. “Does this law reduce the crime in our society?” History of Forensic Psychology Catell: developed the psychology of eyewitness testimony. Found they were often inaccurate, Binet: found that children’s testimonies were highly susceptible to suggestive questioning. Stern: conducted the “reality experiment”, demonstrated that emotional arousal can have an impact on the accuracy of a person’s testimony. Schrenck-Notzing: said that pretrial media coverage could influence testimonies by retroactive memory falsification, which is when witnesses confuse actual memories of events by those described by the media Munsterberg: the father of forensic psychology. Critiqued heavily by Wigmore. How is Forensic Psychology an Established Discipline? 1. a growing number of high quality textbooks 2. Large number of academic journals 3. A number of professional associations have been developed (AP-LS being the largest) 4. New training opportunities in forensic psychology (ie. undergraduate and graduate) are being established in North America 5. APA has formally recognized it as a specialty discipline Expert Witnesses Expert Witness: a witness who provides the court with information (often an opinion) that assists the court in understanding the issue of relevance to a case. In contrast to eyewitnesses, who can only comment on what they saw. They are an educator to the judge and jury. What dimensions to psychology and law differ along? Knowledge, methodology, epistemology, criteria, nature of law, principles, latitude General acceptance test: a standard for accepting expert testimony, which states that an expert testimony will be admissible in court if the basis of the testimony is generally accepted by the relevant scientific community. Issues with its vagueness. Daubert criteria: a standard for accepting an expert testimony. States that 1) the research must be peer reviewed, 2) the research is testable, 3) the research has a recognized rate of error, and 4) the research adheres to professional standards Mohan criteria: a standard for accepting an expert testimony. States that 1) evidence must be relevant in that it makes the case more or less likely 2) the evidence must be necessary in assisting the trier of fact, 3) the evidence must not violate other rules of exclusion 4) the testimony must be presented by a qualified expert CHAPTER 3: 56-74 9/12/2013 11:53:00 AM Police interrogation: goal is to gain info from a suspect that furthers the investigation, or to obtain a confession.  Physical coercions have been slowly replaced by psychological ones. Reid model: nine-step method of interrogation used in North America to extract confessions  Inbau suggests other ways that make extraction easier: use a plainly decorated room, having an evidence folder in your hand, making sure the suspect is alone before the interrogator enters the room  Goal is to reverse certain affairs (ie. consequences must outweigh the anxiety felt by deception, and consequences should seem more desirable) Detecting Deception  Studies show that even after training people don’t seem to detect deception any better – exception in Canada  Miranda rights may not provide the protection that they are supposed to, research shows  Many don’t understand their rights, especially young people and those with impaired intellectual ability  Study: participants were presented with their right to silence and legal action, both in verbal and written format. Shows that written format with multiple elements make understanding easier for the subjects.  Investigator bias: bias occurring when interviewer thinks the suspect is guilty  Study: mock trial. Some interrogators were led to believe some were innocent, others, guilty, of a crime. “Suspects” were told to convince them of their innocence, and interrogators were told to devise a questioning strategy. o Interrogaors with guilty expectations asked more questions indicating their belief in the suspects’ guilt; higher frequency of interrogation techniques; judged more suspects to be guilty; exerted more pressure; suspects read their interrogator’s behavior accurately; and neutral observers could tell when more pressure was exerted In court  As a judge, must be able to tell when the confession was voluntary and whether the defendant was competent when it was made. PEACE Model and Confessing  England and Wales: call interrogation investigative interviewing  Self reported false confessions range from -.6-12%  Coerced compliant confessions are the most common type  Confabulation: reporting of events that never actually occurred CHAPTER 4: 90-107 9/12/2013 11:53:00 AM Polygraphs  Polygraph: device for recording an individual’s autonomic nevous system responses  physiological responses to an examiner  Canadian Police College  training  Polygraph disclosure test: polygraph tests used to uncover info about an offender’s past behavior  Most common response in GKT: palmar sweating Also eyeblinks and pupil diameter CHAPTER 5 9/12/2013 11:53:00 AM Memory  Recall memory: reporting details of a previously witness event/person  Recognition memory: determining whether a previously seen item is the same as what is currently being viewed.  Estimator variables: variables that are present at the time of the crime and cannot be changed ie. the age of the witness, presence of a weapon, etc  System variables: variables that can be manipulated to increase eyewitness accuracy ie. type of interview, type of lineup procedure Three General Dependent Variables in Eyewitness Studies 1. Recall of crime/event 2. Recall of the culprit 3. Recognition of the culprit  Can be open-ended/free narrative or direct question recall.  Examined by the amount, type, and accuracy of information recorded  For recognition, the typical task is a lineup. Examined for accuracy of decision and type of errors made. Interviewing Eyewitnesses  Police limit themselves by interrupting during a free recall session, asked many short/specific questions, and asked questions in random orders (decrease recall by 19%)  Misinformation/post-event information effect: where the witness is presented with inaccurate info after an event, and they incorporate this false info in late recall tasks about it  ie. the eight demonstrators study: change around one little number and the answers lean towards this detail W
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