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Psychology and law
Question | Answer |
---|---|
forensic psychologists | generate and communicate information to answer specific legal questions or to help resolve legal disputes |
Miranda | rule guaranteeing the right to remain silent |
due process model, | places primary value on the protection of citizens, including criminal suspects, from possible abuses by the police and the law enforcement system generally. |
crime control model, | seeks the apprehension and punishment of lawbreakers. |
equality | all people who commit the same crime or misdeed should receive the same consequences. |
Discretion | considering the circumstances of certain offenders and offenses to determine the appropriate consequences for wrongdoing |
profiling | viewing certain characteristics as indicators of criminal behavior. |
principle of proportionality | punishment should be consistently related to the magnitude of the offense. |
characteristics | these persons’ abilities, perspectives, values, and experiences—all the factors that influence their behavior |
Matal v. Tam | Even racially offensive speech is protected, |
sentencing disparity, | tendency for judges to administer a variety of penalties for the same crime. |
racial bias | police officers, prosecutors, jurors, and judges use an individual’s race as a basis for judging his or her behavior. |
Implicit bias | unaware that they are being influenced by race |
determinate sentencing | the offense determines the sentence, and judges and parole commissions have little discretion. |
Settlement negotiation | involves a sometimes lengthy pretrial process of give-and-take, offer-and-demand that ends when a plaintiff agrees to accept what a defendant is willing to offer money to end their legal disagreement |
amicus curiae brief | provide the courts with information from psychological science and practice relevant to the issues in a particular case. |
precedents | rulings in previous cases for guidance. |
Case law | the law made by judges ruling in individual cases—is very influential; statutes and constitutional safeguards do not apply to every new situation, so past cases often serve as precedents for deciding current ones. |
stare decisis | Judges typically are reluctant to make decisions that contradict earlier ones, as the history of the Supreme Court’s school desegregation cases indicates. |
Brown v. Board of Education | that public school segregation was contrary to the notion of equality for all |
McLaurin v. Oklahoma State Regents | the U.S. Supreme Court ruled unanimously that these procedures denied McLaurin the right to equal protection of the law. |
randomized controlled trials | accumulate knowledge about what works in the legal system and what does not |
Tarasoff v. Regents of the University of California. | focuses on the duties required of psychotherapists whose clients threaten violence to identifiable others. |
basic scientist | study a phenomenon for the satisfaction of understanding it and contributing to scientific advances in the area |
applied scientist | dedicated to applying knowledge to solve real-life problems |
expert witness | someone who possesses specialized knowledge about a subject, knowledge that the average person does not have. |
Daubert v. Merrell Dow Pharmaceuticals, Inc | trial judge must determine whether the testimony is relevant and if relevant, whether it is based on reliable and valid science |
Daubert | judges must become savvy consumers of science if they are to decide which opinions qualify as “scientific.” |
policy evaluator | provides data to answer questions |
forensic evaluators | they are either court-appointed or hired by one of the parties involved in the litigation |
Ethical Principles of Psychologists and Code of Conduct | serve as important sources of authority and may affect the judgments of courts regarding the admissibility and weight of forensic assessment evidence. |
trial consulting | assist defense lawyers in highly politicized trials resulting from antiwar activities in the United States. |