Psy 495 Final Exam Study Guide
Psy 495 Final Exam Study Guide PSY 495
Long Beach State
Popular in Psychology and the Law
Popular in Psychlogy
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This 22 page Study Guide was uploaded by Laura Pratt on Tuesday January 26, 2016. The Study Guide belongs to PSY 495 at California State University Long Beach taught by Dr. Saberi in Fall 2015. Since its upload, it has received 41 views. For similar materials see Psychology and the Law in Psychlogy at California State University Long Beach.
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Psychology 495 Study Guide The final exam will be comprehensive, and will consist of multiple choice, short answer, ethical vignettes and essay questions. 60% of the exam will be from the new material since exam 2. The remaining 40% will be from earlier sections. Please bring scantron form 882E for the exam. **2 essay questions (new material)** **5 short answers (new material, except for 1 or 2)** **62 multiple choice** Section I Old material. 1. Ethical Principles of Psychologists and Code of Conduct Competence 2.01 2.06 2.01: Boundaries of Competence. 2.02: Providing Services in Emergencies 2.03: Maintaining Competence. Like taking classes to enrich knowledge in field. 2.04: Bases for Scientific and Professional Judgments. 2.05: Delegation of work to others. When you feel that you cannot fulfill a position, grant the responsibility to someone else. 2.06: Personal Problems and Conflicts. Psychologists should not engage in an activity when they know that there is a substantial likelihood that personal problems will prevent them from doing their work properly. Also, take appropriate measures if they do encounter personal problems they did not reasonably believe would interfere before engaging in the activity. Human Relations – 3.01, 3.05, 3.08, 3.10, 3.12. 3.01: Unfair Discrimination 3.05: Multiple Relationships 3.08: Exploitative Relationships 3.10: Informed Consent 3.12: Interruption of Psychological Services Privacy and Confidentiality – 4.014.07 4.01: Maintaining Confidentiality. 4.02: Discussing the Limits of Confidentiality. 4.03: Recording. 4.04: Minimizing Intrusions on Privacy. 4.05: Disclosures. Psychologists may disclose confidential information with appropriate consent. If the consent is not granted then psychologists may disclose confidential information if required by law 4.06: Consultations. 4.07: Use of Confidential Information for Didactic or Other Purposes. Education & Training – 7.03, 7.07 7.03: Accuracy in Teaching. 7.07: Sexual Relationships with Students and Supervisees. Research and Publication – 8.01, 8.02, 8.05, 8.06, 8.07, 8.08, 8.10 8.01: Institutional Approval. 8.02: Informed Consent to Research. 8.05: Dispensing with Informed Consent for Research. 8.06: Offering Inducements for Research Participation. 8.07: Deception in Research. 8.08: Debriefing. 8.10: Reporting Research Results. Assessment – 9.01, 9.02, 9.03, 9.04, 9.06, 9.07, 9.11 9.01: Bases for Assessments. 9.02: Use of Assessments. 9.03: Informed Consent in Assessments. 9.04: Release of Test Data. 9.06: Interpreting Assessment Results. 9.07: Assessment by Unqualified Persons. Psychologists avoid using unqualified persons unless for training purposes and with adequate supervision. 9.11: Maintaining Test Security. Therapy – 10.01 10.10 10.01 Informed Consent to Therapy 10.02 Therapy Involving Couples or Families 10.03 Group Therapy 10.04 Providing Therapy to Those Served by Others 10.05 Sexual Intimacies With Current Therapy Clients/Patients 10.06 Sexual Intimacies With Relatives or Significant Others of Current Therapy Clients/Patients 10.07 Therapy With Former Sexual Partners 10.08 Sexual Intimacies With Former Therapy Clients/Patients 10.09 Interruption of Therapy 10.10 Terminating Therapy 1. Know about Tarasoff case and subsequent cases leading to current regulations related to duty to warn Student from Berkeley was killed and psychologist was told by patient At this point in time, there was no duty to warn so reporting it would break confidentiality Since then, duty to warn has been put in place so that psychologists warn potential victims Thompson v. County of Alameda: established that duty to warn is only if there is a readily identifiable foreseeable victim Brady v. Hopper: attempted assassination of Reagan; again, no foreseeable victim Bradley Center Inc. v. Wessner: hospital was held liable for failing to pursue further attempts to evaluate a person’s dangerousness Hedlund v. Superior Court of O.C.: duty to warn is interwoven with diagnostic function therapist's’ first duty is to diagnose patient and recognize his/her dangerousness 2. Wrightsman book and class lectures Chapter 2 1. Presentation of psychology to courts and legislatures (Pgs. 4147) preparation of amicus curiae briefs to accompany appeals and the presentation of psychological issues to legislative committees or others with power to institute legal change has become an important example of the role of forensic psychologists amicus brief in Kumho Tire sciencetranslation brief juries are not easily confused by expert evidence and do not quickly defer to experts Lockhart v. McCree deathqualified juries are unrepresentative because they are more conviction prone than nondeath qualified juries Kassin and Wrightsman jurors, contemplating evidence in a criminal trial, possessed varying degrees of either proexecution or prodefense biases Elliot sought a high standard of reliability where psychologists should reflect “organized skepticism”; if scientific organizations take moral positions, they should not base them on scientific foundations when such foundations are insufficient to bear the argument constructed on them Atkins v. Virginia executions of mentally retarded criminals are “cruel and unusual punishment” in order to influence judges psychologists need to publish in periodicals that they read Chapter 5 Insanity and competency focus on class lecture 1. Standards of insanity Mc’naughten Rule historical background found NGRI due to delusional system Three elements; A person should be judged insane if the following are present: 1. Defendant suffering from “a defect of reason, from a disease of the mind.” 2. As a result, the defendant did not “know” the “nature and the quality of the act he was doing.” (wild beast test) 3. As a result, the defendant did not know that “what he was doing was wrong” cognitive test of insanity Irresistible impulse: If a defendant demonstrated cognitive knowledge of right or wrong, he or she could still be found not guilty by reason of insanity if his or her free will was so destroyed or overruled that the person had lost the power to choose between right and wrong Volitional aspect: person lost the power to choose right from wrong, or irresistibility driven to commit a criminal act by an overpowering impulse resulting from a mental condition Durham Rule Based on Durham v. US (1954) defendant is insane if “unlawful act was the product of a mental disease or defect too liberal not defined well and therefore any DSMIV TR condition can qualify American Law Institute (ALI standard, 1972) test of cognition (substantial capacity to appreciate criminality) and volition (or to conform conduct to law) used by 21 states Guilty but Mentally Ill developed at the University of MIchigan in 1975 (used only in Michigan) defendant guilty, mentally ill at the time of the offense, and not insane After this verdict, the defendant is provided treatment at a state hospital until declared to be sane and then the defendant is sent to prison Verdict, not defense Insanity Defense Reform Act 1984 a cognitive test alone Famous insanity cases M’Naghten’s case most narrow standard “Such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.” Irresistible Impulse Test Parsons v. State by reason of duress of mental disease, the defendant had so far lost the power to choose between the right and wrong, and to avoid doing the act in question Durham v. U.S. accused is not criminally responsible if his unlawful act was the product of mental disease or defect product test American Law Institute’s Model Penal Code U.S. v. Brawner a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of the law Insanity Defense Reform Act defendant must prove by clear and convincing evidence that at the time of criminal conduct, and as a result of mental disease or defect, the (defendant) was unable to appreciate the wrongfulness of such conduct 2. Burden of proof Proving beyond a reasonable doubt In the case of Hinckley – burden of proof announced by the judge was to prove beyond a reasonable doubt that Hinckley was not insane Shifted from prosecution having to prove lack of insanity (Hinckley’s case) to defense having to prove insanity. vast majority use “preponderance of the evidence” rather than “clear and convincing evidence” It is now on the defendant to prove insanity by clear and convincing evidence rather than the prosecution to disprove insanity 3. Assessment of competency Criminal vs. Civil Dusky vs. US competency to stand trial 1960 Test for a defendant’s competency to proceed to trial is “whether (the defendant) has sufficient present ability to consult with (a) lawyer with a reasonable degree of rational understanding and whether (the defendant) has a rational as well as factual understanding of the proceedings” Prongs of competence Functional demands of competency to stand trial Not to know the nature and quality of the act AND not to know that it was wrong understand charges possible penalties adversarial nature of legal system assist communicate with attorney testify in own behalf understand proceedings; pay attention, concentrate behave appropriately in a hearing or trial make decisions in rational way concerning plea, testimony, and other decisions Types of competence (stand trial, testify, and executed) basically the defendant must be competent on all court proceedings and legal terms and on what is to happen to them if found guilty competency to stand trial looking at the defendant’s mental state at the time of the trial focus on the present state evaluate “ the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder” evaluate “whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence” competency to testify focus on the present state must be able to understand what is happening competency to be executed focus on the present state if found guilty and sentenced to death, the defendant must understand what execution is 1. Jury Selection Chapter 7 Battered Woman 1.Battered women syndrome components, role of psychologist, BWS in court possible defenses, criticism of BWS A woman’s presumed reactions to a pattern of continual physical and psychological abuse inflicted on her by her mate Components learned helplessness lowered selfesteem impaired functioning (e.g. planful behavior) loss of the assumption of invulnerability fear/terror as reactions to batterer anger/rage diminished alternatives (so might believe they will be killed (85% feel this way)) cycle of abuse hypervigilance high tolerance for cognitive inconstancy (woman might believe that her husband only hits her when he is drunk while simultaneously explaining a time when he hit her and was not drunk) Role of psychologist clinical forensic psychologist → careful assessment of the responses from a woman who has killed her husband thorough psychological examination that explores the history of the relationship, the history of abuse, the attempts to leave the relationship, and the woman’s feelings about the deceased verification of self reports through medical records and interviews with others use of Dutton’s Abusive Behavior Observation Checklist to systemize the nature of the abuse expert witness in court BWS in court use of BWS as part of a defense in court focus is solely on those women who kill their abusers more than 10% of the homicides in the U.S. are committed by women, and a significant percentage percentage of these women have killed an abusive partner Possible defenses insanity, selfdefense, psychological selfdefense Psychological selfdefense: kill batterer to protect themselves from being destroyed psychologically Insanity defense: the woman was unable to tell difference between right and wrong defense needs to show the woman was coerced or temporarily insane Selfdefense: defined in most states as the use of equal force or the least amount of force necessary to repel danger when the person reasonably perceives that she is in imminent danger of serious bodily damage or death rests on the justification of the act as a necessary one in order to protect the woman or someone else from further harm or death Jurors reactions of BWS (pgs. 161162) the more the expert witness can relate the defendant to research the more the jury will see her in a favorable light jury can see expert testimony as a good or bad thing in determining the verdict NO CONSISTENT ANSWER TO THE QUESTION OF EFFECTIVENESS OF EXPERT TESTIMONY Criticism of BWS (pgs. 162164) portrays women in an unfavorable light BWS has been questioned with regard to validity as an empirically established concept behavior of the attorneys representing the women ex: using the “little girl” for a 23yearold woman emotions may resurface contributing to the cultural notion that women show emotions more and that a woman’s emotional response is relevant to the case perpetuating battered woman stereotype criticisms primarily centered on the quality of the empirical basis for the cycle of violence theory and the application of the concept of learned helplessness (component of BWS) Rape and Rape Trauma Syndrome (lecture and text) 1. General lecture on rape Definition of rape, the issue of consent, legal distinctions, rape causes, etiology (types of rapists), rape culture, date rape drugs Rape (FBI definition): “Carnal knowledge of a female, forcibly and against her consent.” definition extended to include males Statutory rape: sexual intercourse with a child younger than a certain age (state law in CA = 18; in TX = 16 years old) Consent includes: conscious, free to act, and legally able to provide consent Rape Legal distinctions first degree rape guilty when there is sexual intercourse and forcible compulsion some kind of threat kidnapping serious physical injury another violation/felony like breaking and entering second degree rape sexual intercourse and forcible compulsion ex. treatment provider and a resident third degree rape sexual intercourse and forcible compulsion sexual contact mental incapacity forcible compulsion lack of consent some threat of harm to property Rape Causes Feminist perspective act of aggression motivated by need for power more common in college men than expected media portrayals of violent sex “cultural spillover” rape more common in cultures that encourage violence sociocultural and sociobiological perspectives women are 80% more likely to be raped during college years than any other time in their lives Etiology of rape power rapists: to compensate for personal inadequacy anger rapists: at women in general sadism rapists: satisfaction from torture and pain cognitive distortions rape myths men define rape differently and justify it by saying it is “rough sex” “she is saying no but she really means yes” “I bought her dinner so I deserve it” 70% of college males said that they would rape a woman if there were no consequences and if no one found out Rape culture language: any words that have to do with force (e.g. “roughing” someone minimizes the impact of the force) male power control in more than just culture but also economics the role of the media movies songs: New boys on the block song male power and control the legal system blaming the victim Date rape drugs alcohol: 80% where drugs are used perpetrator uses alcohol Rohypnol aka Ruphies: outlawed in U.S. 10x the power of Valuum death by this drug can happen because dosage is difficult to measure black out for 1012 hours in some cases = prolonged coma GHB (Gamma Hydroxy Butyrate): difference from ruphies is that people react like they are on PCP meaning, no gag reflex, 35 hours of effect, more “sexual” than ruphies, vomiting more often than with ruphies, can cause coma and there is a higher death rate 2. Rape trauma syndrome components, phases, psychologists' roles in testifying for RTS and admissibility in court testimonies. Burgess and Holmstrom uniformity of responses from 92 women subjected to rape or sexual abuse Two Phases of Rape Trauma Syndrome Phase 1 → Acute Crisis (within the few hours and days) involves selfblame distorted perceptions denial, shock, disbelief disruption in functioning guilt, hostility, blame regression to helplessness or dependency distorted perceptions trauma triggers (every man who is a type triggers a panic) everything becomes dangerous/scary Phase 2 → Long Term Reactions phobias disturbances in general functioning sexual problems changes in lifestyle Factors influencing recovery ○ age and developmental level ○ relationship to offender ■ if one knows the offender more more affected by the situation because it has to do with betrayal of trust ○ social support ○ meaning of the event ■ frequency, duration, severity, degree of violation, location ■ losing virginity meaning assigned to the event is lost and more traumatizing ○ event ■ event itself how extreme (in terms of violence), more affected if violated in your own home ○ available victim services Psychologist’s Role ○ assessment self report, mental health/medical records, collateral contact, previous history of assaults ■ assessment of functioning ■ changes in identity ■ phobias and fears ■ social adjustment and coping ○ expert witness ■ psychologist can’t just go in and say this person was raped can say that this woman/man is experiencing similar symptoms to other people who have been found to be raped ■ education ■ debunk rape myths ■ was there consent? ■ effects of the event ■ cognitive distortions ■ specific effects on the victim ○ **admissibility in court** ■ implications of corroborating the crime ■ inconsistent court decisions ■ admissibility (State V. Marks, State v. Saldana) ■ Marks psychologists could give expert testimonies ■ Saldana RTS cannot determine that a rape actually occurred ■ proficiency of experts (State v. McCoy, v. State v. Willis) ■ McCoy psychologists need a master’s degree and extensive clinical experience ■ Willis only a psychiatrist can testify ■ issues of consent (State v. McCoy; People v. Bledsoe) ■ McCoy psychologists need a master’s degree and extensive clinical experience ■ Bledsoe testimony from an expert witness was inadmissable if the intention was to prove that a rape occurred Current research on RTS symptoms depression fear anxiety phobias PTSD v. RTS depression, anger, sexual dysfunction and disruption of basic values not included in PTSD criteria Chapter 11 –Interrogations and Confessions and class lecture 1. The role of forensic psychologists in police interrogations convince law enforcement authorities to reexamine their interrogation procedures Paul Ingram case daughter accused him of raping her and her sister roles: consultant, employee of police department, educating police detectives about the possibility of false confessions, expert witness, educating public about the dangers of misleading interrogations 2. The psychology of false confessions – types, rates of false confessions Richard Ofshe (social psychologist) Ingram’s false confession was elicited through hypnosis and “trance logic” confessions are negotiated 20% of confessions are recanted (suspect who has made an incriminating statement later states that it was false) Types of false confessions 1. Voluntary false confessions: confessions that are false but are offered willingly, without elicitation 2. Coercedcompliant confessions: suspect confesses, even while knowing he/she is innocent “thirddegree” tactics like extreme deprivation, brutality and torture were used to elicit coercedcompliant confessions police procedures used now include psychologically oriented ploys (e.g. solicitousness and sympathy), use of informants, lying to suspects motivations for this type of confession include escaping further interrogation, to gain a promised benefit, and plea bargaining for previous crimes 3. Coercedinternalized confessions: innocent suspect confesses and comes to believe that he or she is guilty (like in case of Paul Ingram reflects suggestibility and internalization) Prevalence of false confessions Wrongful conviction: estimates vary from 35 per year to 600 per year; 16/205 cases of wrongful convictions were result of coerced confessions People’s SelfExpectations: on occasion people admit to the police that they committed a crime when they are in fact innocent False Confessions in the Real World: 2025% cases involving false confessions 3. The role of interrogations in confessions and the contributions of psychologists police question suspects for two reasons: to get more information about the case to induce suspects to confess main goal for the interrogation of suspects by police is to gain information that furthers the investigation some other goals for interrogations include finding information on: location of physical evidence identity of accomplices details of other crimes in which the suspect participated Third degree tactics extreme deprivation brutality torture Illegal interrogation techniques guideline is to ask: “Is the action something that is likely to cause the suspect to make a false confession?” If it is, it should not be employed physical and psychological coercion are of concern because either can cause innocent suspects to confess illegal tactics include: physical force, abuse, and torture threats of harm or punishment prolonged isolation or deprivation of food or sleep promises of leniency failure certain types of psychological influence Section II. New Material Chapter 8 Child Sexual Abuse Focus on lecture Roles of psychologist Research on the nature of sexual offenders child abuse evaluation assessing competency to testify testifying as an expert witness Sexual Abuse evaluations Interview Techniques use of anatomically detailed dolls age appropriate/correct child dolls do not have pubic hairs or breasts interactional interview (psychologist takes notes of interactions) basic care unstructured play structured play separation and reunification Reliability of reporting compare adult and child reports Assessment for related symptoms anxiety depression social withdrawal sexual precociousness Collateral contact family, friends, school, medical records check other areas for red flags of child abuse What not to do the use of suggestive questions the implication of confirmation by others use of positive reinforcement and punishers repetitious questioning inviting speculating Criterion based Analysis Statement Validity Assessment (SVA) coherence spontaneous reproduction detail in all topics contextual embedding description of interactions reproduction of conversation complications unusual details peripheral details accuracy accounts of subjective mental states admitting lack of memory this is better than the child making something up details of the act Competency to Testify Testimony by young children Does child know the difference between truth and lies Can they understand and describe events reliability of memory Can they testify Sexually Violent Predator laws. The case of Wesley Dudd as presented in video Must have two offenses that were violent in nature and sexual are they likely to offend again? do they have a mental illness? SVPs can be civilly committed, indefinitely Megan’s Law sex offenders made to be registered name, address, and what their offense was SVP treatments – as presented in the video – A Monster Among Us. SVP law sexual predator may not win freedom even after serving their full sentence they may be tried again for what they may do in the future “civil commitment” Wesley Dodd (Caitlin’s) molested more than 100 children and killed 3 in 15 years first started exposing himself at 13 tricked kids into touching him starting molesting kids after he wasn’t excited anymore he moved on has been caught and confessed but was always let go hard to believe so many counties let him get away nothing showed that he was a repeat offender (report wise) molested a boy in two different states, confessed in two different states and convicted in Idaho for 10 years; he only served 4 months of the sentence and was released murdered his victims to avoid arrest began to constantly think about murdering children evidence box against him contained: photos of crime scenes diary entries of murder plots and recollections of molestations and murders photo album of the first boy, Lee, that he murdered before, nude, hanging in the closet… by the time he was in high school, he was thinking about molesting constantly judge (the same one who let him out on probation after 118 days) said that psychologists and psychiatrists cannot predict this kind of behavior never had feelings about anything blamed the law for not catching and convicting him sooner eventually executed (Laura’s) Started molesting and killing young boys Two young boys were found stabbed to death Question was how can we stop these “monsters” Should have been in prison in three different prisons when he killed the children Dodd moved to Idaho – molested little boy on both sides of the border Sentence was 10 years but he only did 4 months of the 10 year sentence Appeared to be reasonably bright and judge can’t fathom that he let Dodd go Only a fraction of presentencing report was apparent during trials Problem was not properly assessed – much more serious than was made apparent in reports He would murder his victims to avoid being convicted – became an obsession to kill the children Kept a photo album of the children – so that he could show pictures to other boys 10 men had already been brought to trial for being sexual predators and were taking to a reformatory – Washington decides on the most dangerous of all To help offenders understand their acts, they make the perpetrators act out the situations they imposed on other people (theatrical therapy) – prison treatment programs Sex offenders – legal perspective is that these people should be punished, not treated? 1/5 offenders in Washington are considered sex offenders – most will not receive treatment; there are sex offenders who appear to be treatable and those who do not Chapter 9 Child Custody The roles of psychologists overview Divorce counselor Child therapist Consultant to attorney Parent Coordinator Mediator Expert witness Child custody evaluator Focus on expert witness role and evaluation researcher role Expert Witness can be hired by either attorney but forensic psychologists are usually utilized by the prosecution Jenkins v U.S. (1962) psychologists judged to be qualified as experts in area of mental disorders if doing so aided the trier of the fact qualifying depends on nature and extent of knowledge base, not title of the professional common attorney complaints about psychologists use of jargon inadequate provision of information conclusions not clearly linked to data overstepping proper role Notes from Book: Psychologists who are testifying should 1. be prepared 2. provide your expert opinion and 3. reflect objectivity UltimateOpinion Testimony: some judges want psychologists to give an opinion on the ultimate issue while others do not want the psychologist’s opinion Ethical Considerations: ethical responsibilities upon any psychologist testifying as an expert witness apply here any recommendations should serve the best interest of the child Child Custody Evaluator acts as agent of the court focus of evaluation determined by court there is NO patienttherapist privilege if hired by one side, relationship may be governed by attorney workproduct privilege holds an objective and impartial attitude hypothesis based upon specific psycholegal criteria presented by the court/attorney relationship with litigant based on evaluation and judgment perspective of litigant somewhat secondary to larger concern of determining the reality of that perspective goal → discover facts and form opinions about specific psycho-legal questions intended both for the family and the court Evaluation Researcher Role (from the book) effects of divorce on children older children felt relieved when quarreling parents separated divorce has many negative effects on children as they grow up and enter adulthood effect of types of custody joint custody does not necessarily mean shared physical custody “Best Interests” Criteria (Child Custody Evaluator) ***what’s the best interest of this child?*** The Michigan Child Custody Act of 1970 served as model for outlining basic tenets of the “best interests of the child” doctrine shows concern for emotional, physical, educational, moral, and religious growth and development provided to child demonstrates interest in overall physical and psychological welfare and stability of parents The Uniform Marriage and Divorce Act of 1979 made criteria consistent across the U.S. factors to be considered: wishes of the parent(s) as to his/her custody wishes of the child regarding his/her custodian interaction/relationship of child with parent(s) and sibling(s) child’s adjustment to home, school, and community mental and physical health of all individuals involved Other relevant factors to consider: any instances of child or spousal abuse age and sex of the children length of time in present environment child’s need for special emotional or physical care economic position of parties involved educational needs of child agreements between parents separation of siblings prior custody determinations hostility levels between parents flexibility on the part of either parent general parenting skills substance abuse by either parent religious concerns caretaking arrangements prior to and after separation likelihood that custodial parent will remove children from jurisdiction or alienate the affections of the children for the other parent Evaluations interviews of direct family members and others involved with the family psychological testing live observation Court appointed evaluation Custody determination, standards for resolution, ethical issues and temptations Guidelines for Child Custody Evaluations in Divorce Proceedings 1. primary purpose of evaluation is to assess the best psychological interests of the child 2. child’s interest and wellbeing are paramount 3. focus of evaluation is on parenting capacity, psychological and developmental needs of the child, and the resulting fit 4. role of psychologist is that of a professional expert who strives to maintain an objective, impartial stance 5. psychologist gains specialized competence 6. psychologist is aware of personal and societal biases and engages in nondiscriminatory practice 7. psychologist avoids multiple relationships 8. scope of evaluation determined by the evaluator, based on the nature of the referral question 9. psychologist obtains informed consent from all adult participants and, as appropriate, informs child participants 10. psychologist informs participants about limits of confidentiality and disclosure of information 11. psychologist uses multiple methods of gathering data 12. psychologist does not give any opinion regarding psychological functioning of any individual who has not been personally evaluated 13. recommendations, if any, based on the best psychological interests of the child 14. psychologist clarifies financial arrangements 15. psychologist maintains written records Custody Determinations single custody joint custody legal vs. physical most likely custody agreement when there is a co parenting agreement places high demands on both parents some formal, while others develop over time three general types of coparenting conflicted cooperative parallel (most common) Standards for Resolution The BestInterestsoftheChild Standard neither parent is now presumed to have a superior right to the child a judge may consider the following: 1. the mental and physical health of all individuals involved 2. the child’s adjustment to his or her home, school, and community 3. each parent’s ability to provide food, clothing, medication, and other remedial care and material benefits to the child 4. the interaction and interrelationship of the child with parents or other individuals who might affect the child’s best interests (in a general sense, the parents’ lifestyles) 5. the wishes of the parents and the wishes of the child The TenderYears Doctrine presumes that the best interest of all children regardless of their gender and the best interest of girls (regardless of their age) are best served by awarding custody to the mother, assuming she is fit put the burden of proof on the father to show that the mother was unfit Ethical Issues and Temptations Recognizing One’s Limits and Biases: if the psychologist cannot avoid his or her biases should withdraw from the case Avoiding Dual Relationships: for example, avoid conducting a custody evaluation involving a family when the psychologist has seen a member of the family at some previous time in therapy (individual or family) Violating Confidentiality and Informed Consent: parents need to be informed that child custody involves a special circumstance to the adherence of the APA Ethics Code Custody Evaluations vs Psychological Evaluations: the goal of the custody evaluation is to assist the trier of fact in determining what is the best interest of the child if the psychologist deems it necessary to do a psychological evaluation on the parents, he/she needs to specify how this affects their parenting ability (e.g cannot just say that a mother has bipolar disorder without explaining how this affects her ability to manage routines) Parental Alienation Syndrome (PAS) circumstance in which child demonstrates strong affinity for one parent and alienation from another negative behaviors the child attributes to the alienated parent are trivial, highly exaggerated, or totally untrue child is “brainwashed” (usually by one parent) to hate the other parent Essential Elements rejection of a parent that reaches the level of a campaign the rejection is unjustified it is partial result of the nonalienated parent’s influence When might one see PAS? disproportionately represented in high conflict families commonly involve domestic violence, child abuse, and substance abuse Chapter 15 – Death penalty Findings regarding typical myths per lecture The issue of racial bias, death qualified jury, incompetent counsel as contributing to incorrect convictions and imprisonment/execution Deterrence of crime higher homicide rates for states employing the death penalty Brutalization effect “if it’s okay for the state, it’s okay for me” (to kill someone) Process of suggestion Does not prevent repeat offending Cost capital punishment cost $2 million more than life imprisonment Racial bias those who kill EuropeanAmerican victims are more likely to receive death penalty, especially if the accused is African American or Hispanic/Latino American Inconsistencies in prosecutors’ decisions to seek death penalty victim variables racially skewed public counsel appointed counsel counsel may only spend ~10 minutes reading a file before presenting a case in court Death qualified jurors looking for jurors that approve of using the death penalty wrong convictions 1% error prosecution and police errors incompetent counsel counsel effects (for example, the counsel could have seen the case for the first time right before the trial which makes them incompetent to defend their client) juries’ misunderstanding of mitigation (for exam
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