seminar 1 unit 1: psychology and the legal system cj233: introduction to forensic psychology

Seminar 1Unit 1: Psychology and the Legal System

CJ233: Introduction to Forensic Psychology

Confidential & Proprietary • Internal Kaplan Use Only.

GENERAL INFORMATION

• Jennifer Wills• Course and section number CJ233- 03• Seminar times - Wednesday 11:00pm EST • Office hours -5-7 PM EST • Instructor email [email protected]• Instructors background


A LITTLE ABOUT ME

CRIMINAL JUSTICE TODAY, 9E

PRENTICE HALLby Frank Schmalleger

©2007

Pearson Education, Inc.

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GENERAL INFORMATION

Course Materials:•Textbook:

•Greene, E., & Heilbrun, K., Wrightsman’s Psychology and the Legal System (7th Edition, 2011). Wadsworth Cengage Publishing, Belmont California.

*This is an e-Book in Doc Sharing.*

•Syllabus – In Course Home, email, and in Doc Sharing•Introduction letter– email, announcement, Doc Sharing•Grading Rubrics – In Syllabus and/or Doc Sharing

Discussion Board RubricWriting Assignments and Projects Rubrics


GENERAL INFORMATION

Questions about the course?

•KU Policies (to be very familiar with)Discussion Board Policy

*Remember there are two discussion board postings per unit*Late Assignment Policy 5% per weekPlagiarism Policy- See SyllabusQuizzes 2 you have one hour and you can only take them once.Projects/Assignments Grading policies Grades will be entered by Sunday night per the previous unit Due dates Everything is due at the end of the unit. Unless pervious arrangements have been made with the instructorSeminar (alternate assignment)


GENERAL INFORMATIONGRADED ELEMENTS

1) Discussions Boards: Every unit except Unit 10. Two Discussion Boards per unit,

Don’t forget you have to post to 2 different threaded Discussions. See Discussion Board grading rubric in the Syllabus and doc sharing.

2) Quizzes in Unit 1, Unit 2 and Unit 53) Assignments due in Unit 3 and Unit 74) Final Project Due in Week 9

*If you know that you have plans, training, vacations, etc please contact the professor in order to determine what work you can do ahead of time. If you have an emergency come up, please contact the professor via email to discuss the issue.


GENERAL INFORMATIONAPA

KU Policies (to be very familiar with):•APA

•Written work is required to be submitted in APA style and •format.

•APA style and formatting assistance:*APA Publication Manual*KU Writing CenterOWL Website (Purdue University)PDF on APA Guidelines located in Doc Sharing tab


GENERAL INFORMATIONPLAGIARISM

Plagiarism Policy• Located in Kaplan Catalog and Syllabus• Will be adhering to the policy throughout this course• Will be utilizing Turnitin as a tool to detect/prevent plagiarism• Plagiarism can be (and often is) unintentional.

I will do my best to provide learning experiences rather than punitive experiences.


SEMINAR RULES

Since this is an audio seminar, please make sure you have your volume turned up. If you cannot hear me, please let me know.

1) Please be respectful to classmates and instructor

2) Stay on topic3) Do not take it personal if I do not answer a

question asked things go quickly, simply ask the question again. Please enter in ??? If you have a question.


WHAT IF YOU MISS SEMINAR?

Alternative Assignment•To receive credit for the Seminar if you are unable to attend, you are required to write a 300 – 500 word paper on the Seminar topic above.

•Review the Seminar archive for additional information. •Submit your assignment using the Doc Sharing tab.•Select the option to send to your instructor only.

• Instructions are in the doc sharing section and under the seminar tab in each unit.

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“WHAT TO DO”: UNIT 1

What do I have to do to complete this unit?•Read Chapter 1 in Wrightsman’s Psychology and the Legal System: Psychology and the Law •Attend the weekly Seminar •Introduce yourself in the Introduction section•Make postings to both Discussion Board questions•Complete Unit 1 quiz•Review Extra! Extra!•Review Unit Summary


UNIT 1 SEMINAR TOPIC

The Role of Psychology in the Legal System

Many disciplines have applied their concepts and methods to the study of the legal system, one of them being psychology. In this week’s seminar, we will discuss the following:

•The role of psychology in the legal system and its ethical implications.

Your opinions regarding the role of psychology in the legal system. The possible benefits and drawbacks in applying psychology to the law.


•What is forensic psychology? •What is a forensic psychologist?

CJ233: INTRODUCTION TO FORENSIC PSYCHOLOGY


WHO AM I?

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HUGO MUNSTERBERG 1863-1916

•Father of law and psychology

•1908 published “ On the Witness Stand”

Examines the issues with eye witness testimony

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FORENSIC PSYCHOLOGY

Forensic Psychology is the application of the science and profession of psychology to questions and issues relating to law and the legal system. The word "forensic" comes from the Latin word "forensis," meaning "of the forum," where the law courts of ancient Rome were held. Today forensic refers to the application of scientific principles and practices to the adversary process where specially knowledgeable scientists play a role.

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• What are some of the various roles a psychologist works in within the legal system?



APPLICATION OF FORENSIC PSYCHOLOGY

•Evaluation and expert testimony criminal forensic issues:Trial Competency, wavier of Miranda

•Testimony and evaluation in civil issues•Assessment treatment and consultation regarding individuals with high risk violent behavior

•Research and testimony regarding psychological issues impacting the legal process

•Mediation conflict resolution•ETC

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• What are some of the ethical considerations a psychologist who works within the legal system must be aware of and abide by?



LEGAL ISSUES

Under a Sexual Predator Act -should someone be confined to an involuntarily commitment if they have served their sentence for their original sex crime?

What would be the issues related to Due Process?

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KANSAS V HENDRICKS 1997

U.S. Supreme Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.

Hendricks requested a jury trail, he agreed with the diagnosis of pedophilia and under extreme stress could commit acts of molestation. Jury agreed with indefinite civil confinement.

Supreme Court agreed and found the Kansas Act to be constitutional.

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LEGAL ISSUES

If someone who is under the care of a psychologist divulges that they intend to harm another, should there be a duty to warn and protect a potential victim?

What would be the potential conflict?

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TARASOFF V UNIVERSITY OF CALIFORNIA

Tarasoff v. Regents of the University of California, (Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. The professional may discharge the duty in several ways, including notifying police, warning the intended victim, and/or taking other reasonable steps to protect the threatened individual.

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LEGAL ISSUES

If someone is hearing impaired, mute and illiterate should they be held on a civil commitment for a two petty theft charges?

What are the legal issues?

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JACKSON V INDIANA 1972

Jackson v. Indiana 406 U.S. 715 (1972) was a landmark decision of the U.S. Supreme Court that determined a state violated due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his permanent incompetency to stand trial on the charges filed against him.

Such a defendant cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain competency in the foreseeable future. If it is determined that he will not, the State must either institute civil proceedings applicable to the commitment of those not charged with a crime, or release the defendant.

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LEGAL ISSUES

Should someone who clearly is suffering from schizophrenia be allow to stand trail after a brief mental exam?

What are the legal issues?

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DUSKY V US 1960

The court ruled that to be competent to stand trial defendant must have a "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and a "rational as well as factual understanding of the proceedings against him.“

Although the statutes addressing competency vary from state to state in the United States, the two elements outlined in the Dusky v. United States decision are held in common: The defendant must understand the charges against him and must have the ability to aid his attorney in his own defense.

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PROS AND CONS

• What are some of the benefits of applying psychology with the law?


PSYCHOLOGY AND THE LAW

Psychology assumes that characteristics of participants in the legal system affect how the system operates and it also recognizes that the law, in turn can affect individuals’ characteristics.

Characteristics, qualities from the external environment and pressures from the situation affect an individual’s behavior.

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THE FOUR CHOICES THAT PERVADE THE LAW AS

What are the four choices that pervade the law and how it is applied to each of us?

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RIGHTS OF INDIVIDUALS V THE COMMON GOOD

What are some examples of that we face in today’s society?

What are the two models of the criminal justice system that demonstrate this conflict?

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CRIME CONTROL V DUE PROCESS

Crime Control -seek for apprehension and punishment-Examples of this?

Due Process – places the primary value on the protection of citizens, including criminal suspects, from the possible abuses by the police and the law enforcement system.

Examples of this?

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EQUALITY V DISCRETION

Principle of equality- all people who commit the same crime or misdeed should receive the same consequence.

Examples ?

Principle of Proportionality- the punishment should be consistently related to the magnitude of the crime.

Should a white collar criminal receive the death penalty?

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DISCRETION

Who in the criminal justice system exercises discretion and is it fair?

Stanley “Tookie”Williams

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SENTENCING DECISIONS

Determinate sentencing versus indeterminate?

What is the difference and which is better?

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Determinate- Same sentence for the same crime applied equally.

Indeterminate- Judges have the discretion to sentence given.

Issues?

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RACIAL PROFILING

2002 study by Maddox and Gray-Social psychological research has shown that individuals of the same race maybe stereotyped and discriminated against to different degrees depending on how typical of their group they appear.

Training is critical to recognizing the potential of racial profiling. Incidents of profiling has dropped over the years due to standards and education.

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TO DISCOVER THE TRUTH OR RESOLVE CONFLICT

Procedural Justice- When both sides believe that they have had a chance to voice their case fully and their witnesses revealed all that relevant facts, participants are more likely to feel they have been treated fairly by the system and the system is more likely to be considered effective.

Does plea bargaining grant procedural justice? What do we lose or gain?

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SCIENCE V THE LAW AS A SOURCE OF DECISIONS

Acicus Curiae “ friend of the court” brief- brief provided to the court with information from psychological science and practice relevant to the issues involved in the case.

What is the difference between the law and psychology?

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SCIENCE V THE LAW

Psychology relies on scientific methods to resolve questions.

The law relies on case precedents, Constitutional Law and statutes for guidance.

Stare Decisis – “ let the decision stand” reflects the importance of abiding by previous decisions.

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LAWYERS AND PSYCHOLOGISTS

The lawyer thinks in terms of either –or

The psychologist and not comfortable reasoning in absolutes. They think in terms of probabilities.

Issues?

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EXPERT WITNESSES:

What could are some issues with an expert witness?

Daubert v Dow Merell Pharmaceuticals 1993

Made judges become savvy consumers of science. Evaluate evidence before is it admitted.

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FOUR FACTORS TO CONSIDER

1. Whether the expert’s theory or technique can be and has been tested.

2. Whether it has been evaluated by peer review3. The reliability and error rate of the claim4. The extent to which the expert’s techniques and claims have

been generally accepted by the relevant scientific community.

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FORENSIC EVALUATION

What are some of the purposes for forensic evaluation?

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EVALUATIONS

1. Clear in their purpose2. Conducted by individuals who are competent by education,

training and experience.3. Respectful of appropriate relationships4. Provide appropriate level of confidentiality consistent with

circumstances. 5. Methods and procedures are accurate, current and consistent

with science and standard practice.6. Communicated appropriately.

APA, The Ethical Principals of Psychologists and Code of Conduct

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PROS AND CONS

• What are some of the drawbacks of applying psychology with the law?


• Any last questions or concerns regarding the Seminar, unit, or class?

CJ233 INTRODUCTION TO FORENSIC PSYCHOLOGY


UNIT 1

•Complete both discussion questions•Read Chapter 1•Take the quiz•Attend Seminar•Review Extra Extra

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END OF SEMINAR

• Remember as always, please email your professor with any questions or concerns.

seminar 1 unit 1: psychology and the legal system cj233: introduction to forensic psychology

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