PSYC 3530 8th EdExam # 1 Study Guide Chapters 1&2Chapter 1 Psychology and the LawChoices and RolesThe Importance of LawsLaws as Human Creationso LawsAre everywhereAffect everything from birth to deathRegulate our private lives & public actionsDictate-How long we stay in school-How fast we can drive-When & whom to marryAre human creationsEvolved out of the need for order & consistency-Our laws change in response to our changing society-Some become outdated & others take their placeHelp resolve conflict & protect the publico People have different opinions of what is acceptable, appropriate and this resultsin disagreementsSociety has to have a mechanism to resolve the disagreements-Development of laws & regulations to function as resolution mechanism-Developed to manage & solve conflicts that cannot be preventedBefore laws were established people “took the law into their own hands”Now in the U.S and most other nations, all government entities have enacted laws to protect the publicThe Changing of Lawso Laws are constructed and revised by human experienceGeorge Will (1984) “Fitting the law to a technologically dynamic society often is like fitting trouser to a 10-year-old; adjustments are constantly needed” Brain-imaging technology is now used to detect brain injuries, determine mental state, capacity for rational thoughts in offenders, etc… this raises questions for the legal system which were not thought of by our founding fathers-New rules, policies & laws will have to be created in order to address themThe psychological study of Lawo Laws and legal systems are studied by several traditional disciplines besides psychology Anthropologists-Compare laws in different societies & relate them to other characteristics of these societiesSociologists-Study a specific society & examine its institutions to determine their role in developing adherence to the law-Focus on groups of people rather than an individual-Psychological approach-Emphasizes its human determinants-Focus on the individual as the unit of analysiso Individuals are seen as responsible for their own conduct and as contributing to its causation-Examines thoughts and actions of individuals involved in the legal system-Assumes that participant’s characteristics affect how the system operates, and recognizes that the law in turn, can affect individuals’ characteristics and behavioro Characteristics: person’s abilities, perspectives, values, and experiences – all factors that affect behavioro Characteristics can determine whether a defendant and his/her attorney will accept a plea bargain or go to trialo Behavior of participants in the legal system is not just a result of their personal qualities. The setting in which they operate matters as well. -Kurt Lewis (founder of social psychology) proposed the equation B = f(p,e)-Behavior is a function of the person and the environmentSocial environment affects legally relevant choices and conduct-Forensic Psychologists Professional who generates and communicates information to answer specific legal questions or to help resolve legal disputesMost are trained clinical psychologists whose specialty involves the psychological evaluation and treatment of othersAre often asked to evaluate a person and prepare a report for a court, andsometimes provide expert testimony in a hearing or trial-Determine if defendant has a mental disorder preventing him/her to go to trial-Defendant’s mental state at time of the offense-Appropriate treatment for a particular defendant Basic Choices in the psychological study of the lawo First Choice : Rights of Individuals vs the Common GoodOn the one hand, individuals possess rights, and one functions of the law is to ensure these rights are protectedOn the other hand, our society also has expectations-People need to feel secure-People need to believe law breakers will be punished-All have rights to a peaceful, safe existenceIn the 1960s the Supreme Court established a number of principles that provided or expanded explicit rights for those suspected of breaking the law-Miranda rule (1966)o Guarantees the right to remain silent-Right to an attorney (about the same time)o Individuals are given an attorney even if they can’t afford oneo Two models of the Criminal Justice SystemThe Due process model & The Crime Control model(DPM) -Favored in the 1960s-Primary value is the protection of citizens, including criminal suspects, from possible abuse by police and the law enforcement system-Assumes innocence of suspect-Requires suspects be treated fairly-“It is better that 10 guilty persons shall go free than one innocent person should suffer”-Emphasizes rights of individuals(CCM)-Favored in the 1990s-Seeks apprehension and punishment of lawbreakers-Emphasizes efficient detection of suspect and effective prosecution of defendants, to help ensure criminal activity is being contained or reducedo The Second Choice: Equality vs DiscretionPrinciple of Equality-All persons who commit the same crime or misdeed should receivethe same consequenceso Blind pursuit of equality can lead to unfairness Principle of Discretion-Involves considering the circumstances of certain offenders andoffenses to determine the appropriate consequences for wrongdoing-Psychology provides concepts through which this conflict can be studied and better understoodPrinciple of Equality-Profilingo Viewing certain characteristics as indicators of criminal behaviorso Some courts have ruled that a person’s appearance may not be the basis for stops such as traffic stops, border inspections and other routine searches-Psychologists role is to gather data on the psychological consequences to victims of racial profiling, improving police training so that cultural and racial awareness is enhanced, and examining how decision makers form implicit judgments of others on the basis of race Principle of Proportionality-The punishment should be consistently related to the magnitude ofthe offense-Has influenced the way juvenile offenders are sentencedo Individuals who commit murder before age 18 cannot be subjected to life without possibility of paroleConstitutionality of three-strikes laws-Reflects the crime control model’s goal of keeping lawbreakers off the streets-Laws require criminals convicted of a