Criminal Justice - History of Forensic Psychology by jpl7986

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									Chapter 1

 Forensic
Psychology
Learning Objectives
   Define forensic psychology
   List types of forensic psychologists
   Describe relationship between
    Psychology and the law
   Psychological Theories – In Brief
   Outline history of forensic psychology
   Determine whether psychologists should
    be expert witnesses in court
   Video: Paradise Lost
What is forensic psychology?
   Narrow definitions specify certain
    aspects of the profession while
    ignoring others

   Broad definitions are more inclusive
American Board of Forensic Psychology
American Psychology-Law Society

Narrow:
 The professional practice by
  psychologists within the areas of
  clinical psychology, counseling
  psychology, neuropsychology, and
  school psychology, when they are
  engaged regularly as experts and
  represent themselves as such, in an
  activity primarily intended to
  provide professional expertise to
  the judicial system
Researchers

Broad:

   A research endeavor and/or a
    professional practice that examines
    human behaviour in relation to the
    legal system
Types of Forensic Psychologist…


   Clinician

   Researcher

   Legal Scholar
 …Types of Forensic Psychologists
                Clinical          Experimental
Job may       Research &             Research
 Include       practice

Area of       Mental health      Human behaviour
Interest    issues & the law        & the law

           Either an M.A. or a   Graduate training
Training         Ph.D. in         in psychology &
              psychology &         research on a
               internships          forensic topic
 …Types of Forensic Psychologists
                Clinical          Experimental
Job may       Research &             Research
 Include       practice

Area of       Mental health      Human behaviour
Interest    issues & the law        & the law

           Either an M.A. or a   Graduate training
Training         Ph.D. in         in psychology &
              psychology &         research on a
               internships          forensic topic
Legal Scholar
   PhD in psychology and their L.L.B.
    in Law
Psychology and Law
   Psychology and the law
       The use of psychology to study
        the operation of the legal system

   Psychology in the law
       The use of psychology within the
        legal system as it currently
        operates
Psychology and Law

   Psychology of the law
       The use of psychology to study
        the law itself
History of Forensic Psychology
1.   Early research
2.   Psychology in the courts
3.   Forensic psychology in North
     America
4.   Rapid post-war growth




                                    1-9
1. Early Research…
   Daniel McNaughten – 1843
       Found not guilty by reason of insanity
        in assassination attempt on British
        Prime Minister.


                                         Sir
                                         Robert
                                         Peel
    …Early Research…
   Cattell (1895)
       Questions about everyday observations
…Early Research…
Binet (1900)
     Suggestibility in children
…Early Research
   Stern (1910)
       The eyewitness reality experiment
2. Psychologists in Court…
   Von Schrenck-Notzing (1896)
      German expert witness
      Serial sexual murder case
      Extensive pre-trial press coverage
      Retroactive memory falsification
      What we see versus what we heard
    …Psychologists in Court…



   Varendonck (1911)

     Belgian murder trial
     Children giving different evidence

     Showed inaccurate recall in children
…Psychologists in Court
   Marbe (1922)
     Provides testimony in civil trial

     Involved train wreck

     Conducted reaction time studies
3. FP in North America…
   Munsterberg (1908)
     On the Witness Stand

     Psychology and the legal system

     Resistance from legal scholars

     Pushed psychology into legal arena

     Father of forensic psychology
Law Schools
   Marston (1917)
     First Professor of Legal Psychology

     Research on lie detection
…FP in North America

   1909: First clinic for delinquents

   1913: Psychology in prisons

   1917: Tests for police selection
4. Rapid Post-War Growth
   Rapid growth of forensic
    psychology in post war period

   Due to:
     Court cases
     Psychological theories
Court Cases…
   State v. Driver (1921)
       It is yet to be demonstrated that
        psychological and medical tests are
        practical, and will detect the lie on
        the witness stand
…Court Cases…
   People v. Hawthorne (1954)

       Standard for determining expert
        status is not a medical degree but
        extent of knowledge
…Court Cases…
         Brown v. Board of Education
          (1954)
             Psychologists submitted a court
              brief outlining the detrimental
              effects of segregation
             U.S. Supreme Court referenced
              this brief in their decision
             First time psychological
              research was referenced in a
              U.S. Supreme Court decision
    …Court Cases
   Jenkins v. United States (1962)
       Case dealt with whether
        psychologists should be allowed to
        provide expert testimony on issues
        of mental illness

       U.S. Supreme Court decided that
        some psychologists are qualified to
        provide such testimony
A Distinct Discipline?




               http://www.ap-ls.org/
    Psychological Experts Today
 Functions of an expert
  witness
 Admissibility criteria

 Important Canadian
  court cases
 Barriers to providing
  expert testimony
     Functions of an Expert
     Witness



1.   Aid in understanding a topic

2.   Provide an opinion
  Psychology Versus Law
                    Psychology         Law
1. Knowledge      Research       Stare decisis
2. Methodology    Nomothetic     Idiographic
3. Epistemology   Experiments    Adversarial
4. Criteria       Strict         Lenient
5. Nature         Descriptive    Prescriptive
6. Principles     Multiple       Single
7. Latitude       Limited        Unlimited
    Frye v. United States (1923)

   Frye tried for Murder

   Polygraph exam passed

   General Acceptance Test - Any
    procedures used to arrive at the
    testimony must be generally accepted
    by the scientific community
Admissibility of Expert
Testimony: US
   Daubert criteria
    1.   Provided by a qualified expert
    2.   Relevant
    3.   Reliable
            Peer reviewed
            Testable
            Recognized rate of error
            Meet professional standards
Admissibility of Expert
Testimony: Canada
   Mohan Criteria
    1.   Provided by an expert
    2.   Relevant
    3.   Necessary
    4.   Not violate rules of exclusion
Other Canadian Court Cases
R   v.   Sophonow (1986)
R   v.   Lavallee (1990)
R   v.   Swain (1991)
R   v.   Levogiannis (1993)
R   v.   Oickle (2000)
    Ethical Issues
 Competence
 Conflicts of interest

 Informed consent

 Client confidentiality

 Duty to disclose

 Suspected child abuse
Paradise Lost
Psychological Theories…
   Psychoanaltyic theories
       Internal dynamics and early
        experiences
   Learning theories
       Learning through direct and indirect
        consequences
   Personality theories
       The make-up of criminal personalities
...Psychoanalytic Theories
   John Bowlby
     Theory of maternal deprivation
     Early separation from one’s mother
      prevents effective social
      development from taking place,
      which results in antisocial behaviour
      patterns
Learning Theories

      Albert Bandura
        Social learning theory
        Criminal behaviour is learned
         through direct and indirect
         reinforcement (e.g., by
         interacting with anti-social
         peers or watching violence on
         television)
Personality Theories


   Hans Eysenck
     Bio-social theory
     Personality falls on a continuum of
      personality dimensions and people
      high on neuroticism and extraversion
      are more likely to become involved in
      crime

       PEN Model

								
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