PSYC 3530 1st Edition Lecture 1 Chapter 1 I. Psychology and the LawThe Importance of LawsI. Laws are Human Creationsa. Not a part of natureb. Evolved out of needs for order and consistencyc. Can changeII. Laws Help Resolve Conflict and Protect the Publica. A mechanism to resolve disagreementsb. Manage conflicts that cannot be preventedc. Prevent vigilantism III. The Changing of Lawsa. As out experiences change, laws must be developed, interpreted, reinterpreted, and modified to keep upb. Advances in neuroscience, DNA, and technology are areas where the law has had to evolveWho studies the law?I. Anthropologistsa. Compare laws in different societies and relate them to other characteristics of these societiesII. Sociologistsa. Usually study a specific society and examine its institutions to determine their role in developing adherence to the lawIII. Psychologistsa. Emphasizes its human determinantsb. Focus is on the individual as the unit of analysisc. Individuals are seen as responsible for their own conductd. Individuals in the criminal justice system influence how the system works and are, in turn, influenced by the systemBasic Choices in the Psychological Study of the LawThe First Choice: Rights of Individuals versus the Common GoodThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.I. Values in Conflicta. The law functions to protect individual rightsb. The law functions to protect societyII. Two Models of the Criminal Justice Systema. Due-process: primary value is on the protection of citizens (including criminal suspects)i. 10 go free so that 1 innocent person can’t sufferb. Crime control: emphasizes the containment of criminal activityThe Second Choice: Equality versus DiscretionI. The principle of Equality a. All people who commit the same crime or misdeed should receive the same consequencesb. Profiling: viewing certain characteristics as indicators of criminal behaviorc. Principle of Proportionality: punishment should be consistently related to the magnitude of the offenseII. The Value of Discretiona. Considering the circumstance of certain offenders and offenses to determine appropriate consequences for wrongdoingb. Sentencing Disparity: the tendency of judges to administer a variety of sentences for the same crimec. Racial Bias: when police officers, prosecutor, jurors, and judges use a person’s race as a basis for judgments of his or her behaviord. Determinate Sentencing: requires a specific sentence for a crime; judges and juries have little discretioni. If you’re guilty it doesn’t matter the factors, there will be a minimum sentenceThe Third Choice: To Discover the Truth or to Resolve ConflictsI. Truth versus Conflict Resolution in Plea Bargaina. 90-95% of defendants take a plea bargaini. Some innocent people will take a bargain because they are afraid they willnot get a fair trialb. Benefits for the state and defendanti. Reduced costsii. Reduced sentencec. May never get to the truthThe Fourth Choice: Science versus the Law as a Source of DecisionsI. Amicus curiae brief: provide the courts with information from psychological science and practice relevant to a particular casea. Ex. Alabama case (pg. 10 in the book) Evan Mb. The idea is that psychological evidence should be brought in to see if people should be judged as an adultII. Law relies on precedents; Psychology relies on scientific methodsa. Precedents: ruing in previous casesb. Case law: the law made by judges ruling in individual casesc. Stare decisis: “let the decision stand”III. Law deals with absolutes; Psychology deals with probabilitiesIV. Law supports contrasting views of reality; Psychology seeks one refined view of realityThe Psychologists’ Role in the LawThe Psychologist as a Basic Scientists of the LawI. Basic Scientist: one who pursues knowledge for its own sakea. Study phenomena for understanding and to contribute to the literatureb. Do not seek to apply the information to a real-world problemII. Ethicsa. Must adhere to standards of conduct in experimentation practice and reportingb. Ethical treatment of humans and animalsc. Honesty in reporting potential conflicts of interestThe Psychologist as an Applied Scientist in the LawI. Applied Scientist: dedicated to applying knowledge to solving real world problemsII. Expert witness: someone who possess specialized knowledge about a topic that the average person does not havea. Assist judges and jurors by offering their opinionb. Have to have a strong backboneIII. Ethicsa. Must be objective and accurate, regardless of who is payingi. You can’t alter your science for empathyii. Give accurate testimonyThe Psychologist as a Policy Evaluator in the LawI. Policy evaluation: answer questions such as:a. Effectiveness of a policy (e.g. chemical castration for rapists)b. Designing changes so evaluations can be made laterII. Ethicsa. Must follow scientific procedure rules regardless of payer’s wishesThe Psychologist as a Forensic Evaluator in LitigationI. Forensic Evaluator: either court appointer or hired by one of the litigation parties; performs forensic mental health assessmentsII. Assess:a. Competence to stand trialb. Mental state of defendant at the time of the offensec. The degree of emotional or brain damage suffered by an accident victimd. The effects of a custody arrangement on childrene. The risk of future violent/criminal behaviorf. The prospects for a convinced defendant’s rehabilitation in prison or on probationIII. Forensic Evaluator Ethicsa. Evaluations must be:i. Clear in purposeii. Conducted by qualified individualsiii. Respectful of appropriate relationshipsiv. Provide appropriate levels of confidentiality methods and proceduresv. Communicated appropriately b. Evaluators must be:i. Objective in their assessment and reportingThe Psychologist as a Consultant in LitigationI. Trial consultants: Social scientists who:a. Consult on jury selectionb. Conduct community attitude surveysc. Prepare witnesses to testifyd. Advise lawyers on their presentation strategiese. Conduct mock trialsII. Ethicsa. *Don’t need to be impartial*b. Subscribe to the ethical code of attorneysBreaking Confidentiality- The Case of Tatiana TarasofI. Psychotherapists are required to break confidentiality ifa. They believe the client is planning to hurt himself or othersb. There is reason to suspect child/elderly/disabled abusec. There was an