Chapter1PsyandLaw.pdf Psy 206
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This 4 page Class Notes was uploaded by Danielle Notetaker on Sunday September 6, 2015. The Class Notes belongs to Psy 206 at Pace University taught by Professor Ronquillo in Fall 2015. Since its upload, it has received 63 views. For similar materials see Psychology and Law in Psychlogy at Pace University.
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Date Created: 09/06/15
Chapter 1 Basics of Laws Pgs 23 0 Laws are human creations that appear when order and con ict resolution is needed 0 Different groups of people have different approved behaviors This causes disagreement with people This is where laws develop 0 Con ict is inevitable 0 Laws are developed to manage or resolve those issues that can t be prevented 0 Laws must be developed interpreted reinterpreted and modified to keep up with the rapid changes in our lives Psychology and the Law Pgs 45 0 A psychological approach to law emphasizes its human determinants Focus analysis is on the individual 0 Individuals are seen responsible for their own behaviors and causation You pay for the crimes you commit o The people affect how the system operates and the law affects the characteristics and behaviors of people 0 Kurt Lewin theorizes that behavior is a function of the person AND the environment So qualities from a persons surrounding added to the pressures from the situation with affect the individual s behavior 0 Forensic psychologists create and communicate information to help resolve legal disputes and answer a specific question Main focus in PSY amp Law 0 Choice of laws is a re ection on the environments values Rights of the Individuals vs the Common God Pg 78 Think gay marriage At what point does a person get to do what they want when it39s not something society believes in 0 There are two criminal justice models to help with this choice The due process model places primary value of protection on the citizen s rights The crime control model wants apprehension and punishment of lawbreakers Efficient detection of suspects and effective prosecution of defendants which insures the criminal activity is contained William P Barr Incapacitation through incarcerationquot The Racketeer In uenced and Corrupt Organizations Rico laws passed in 1970 are an example of making this choice 0 California has a three strike law 1994 Criminals convicted of a third felony must get 25 years to life in jail or triple the regular sentence whichever is greater even minors Equality vs Discretion Pg 912 Equality all people commit the same crime should get the same sentence Discretion adding judgement about circumstances lead to appropriate variations in how the system responds Example of why we need this choice Guy shot wife and got 18 months in prison Girl shot husband and got a three year sentence Same circumstances 0 People say each case should be judged on it s own merits o Principle of proportionality pg 10 shows use when a person s equality was violated o 2005 Schwarz vs Stanley Williams death row case Role of rehabilitation in incarceration versus discretion Discretion leads to sentencing disparity A 2007 study says African Americans are six times more likely to be jailed than whites Racial bias explains this disparity o Determinant sentencing counteracts this disparity Discover Truth vs Resolve Con icts Pg 1214 0 To Discover truth you go to a trial and to resolve con icts you go to a hearing 0 One argument against adversary lawyers representing their clients no matter what the truth is is that it ensures all evidence is introduced Science vs Law Pg 1416 0 Laws rely on precedents o Psychologist rely on scientific methods 0 Laws deal with absolutes Lawyers think in terms of eitherorquot Parent was fitunfit psycholo o Psych deals with probabilities Psychologists say they could have a disorder Were they competent or insane 0 Laws support contrasting views of reality 0 Attorneys get all their facts to forcefully prove their side right similar to a psychologist following theories o Psychologists seeks one refined view of reality A psychologist is trained to be objective and openminded Psychologists 5 Roles Pg 1724 1 Basic Scientists 2 Applied scientists 3 Consultant 4 Policy evaluator 5 Forensic evaluator Ethics of a basic scientist 0 Can not fabricate forge data or show a skewed section that changes vote 0 Treat humans ethically Every facility has a review board to ensure this 0 Communicate any potential con icts of interest As an applied scientists You obligated to be an expert witness Have an ethical responsibility to be candid or explicit with the court Don t have sympathy o The Daubet Decision How judges assess validity Whether the experts theory can be has been tested Whether it has been evaluated by peer review The reliability or error rate of the claims Extent to which the scientific community has accepted the expert s technique These are based on technical nonscientific knowledge 0 Iudges have to be savvy consumers of science to decide what is quotscientificquot o Iudges are protective over expert witnesses because of Daubert vs Merrel Dow Pharmaceuticals 1993 9962 As a political evaluator o I have instituted a change how do I know whether or not it was effective ie will changing teen driving laws result in less car accidents As a forensic evaluator 0 Decide mental state 0 Degree of emotional or brain damage 0 Effects on child over custody debates 0 Risk of future violence or returning to the streets as a criminal Ethical guidelines affecting forensic evaluator 0 Ethical principles of Psychologist Code of Conducts 0 Ethical codes a more specific and organized specific set of standards 0 Specialty Guidelines for Forensic Scientists 0 Guidelines for Child Custody Evaluations in Divorce Proceedings As a consultant 0 Keep trial unrigged and out of social media that could effect the jury or trial 0 Must work with attorneys to prepare client for the questioning and cross examination 0 They follow the Ethics Code of the American Bar Members must defend their client to the best of their abilities
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