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    Forensic Psychology: Introduction To Psychology and The Law

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    This document provides an introduction to forensic psychology and the relationship between psychology and the law. It outlines the course, including assignments and evaluation. It discusses the differences between psychology and the law, and how psychology can be used to critically evaluate legal assumptions. It describes expert witnesses and their role in providing expertise to assist courts. It discusses standards for expert testimony in the UK, US, and Canada, and how experts can provide education to mitigate negative biases while avoiding advocacy or corruption.

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    Forensic Psychology: Introduction To Psychology and The Law

    Uploaded by

    flora
    127 views49 pages
    This document provides an introduction to forensic psychology and the relationship between psychology and the law. It outlines the course, including assignments and evaluation. It discusses the differences between psychology and the law, and how psychology can be used to critically evaluate legal assumptions. It describes expert witnesses and their role in providing expertise to assist courts. It discusses standards for expert testimony in the UK, US, and Canada, and how experts can provide education to mitigate negative biases while avoiding advocacy or corruption.

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    This document provides an introduction to forensic psychology and the relationship between psychology and the law. It outlines the course, including assignments and evaluation. It discusses the differences between psychology and the law, and how psychology can be used to critically evaluate legal assumptions. It describes expert witnesses and their role in providing expertise to assist courts. It discusses standards for expert testimony in the UK, US, and Canada, and how experts can provide education to mitigate negative biases while avoiding advocacy or corruption.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    127 views49 pages

    Forensic Psychology: Introduction To Psychology and The Law

    Uploaded by

    flora
    This document provides an introduction to forensic psychology and the relationship between psychology and the law. It outlines the course, including assignments and evaluation. It discusses the differences between psychology and the law, and how psychology can be used to critically evaluate legal assumptions. It describes expert witnesses and their role in providing expertise to assist courts. It discusses standards for expert testimony in the UK, US, and Canada, and how experts can provide education to mitigate negative biases while avoiding advocacy or corruption.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 49

    Forensic Psychology

    Introduction to
    Psychology and the Law

    1
    Forensic Psychology

    • Plan for today:


    • Course outline
    • Psychology versus the Law
    • Expert Witnesses

    •2
    Professor

    • Dr. Will Huggon


    • [email protected]

    •3
    Teaching Assistants

    • Sevda Montakhaby Nodeh | [email protected] |

    •4
    Email

    • Email the TA first!


    • Put course code in subject line (PSYCH 3CC3)
    • 48 hours, not including weekends

    •5
    Readings

    • Revel Forensic Psychology, 6e Canada Version


    • By Joanna Pozzulo

    •6
    Evaluation

    • Homework 0% May 7th @ 12am


    • Midterm 25% May 15th
    • Amicus Brief 35% June 4th@ 12am
    • Final Exam 40% June 14th

    •7
    Psychology

    • Human behaviour lies at the heart of


    psychology and the law.

    • Psychology – is the scientific study of


    behaviour and mental processes in an attempt to
    understand, predict, and in some cases control
    human behaviour

    •8
    The Law

    • IT DEPENDS.
    • The legal system is comprised of a body of
    laws, rules, regulations, and procedures.
    • The legal system is designed to govern, regulate
    and control human behaviour

    •9
    Psychology and the Law

    • The relationship between human behaviour and


    the law, the legal system, and the legal process
    • Empirical study of the assumptions about
    human behaviour that underlie the operation
    and functioning of the law.
    • the reasonableness and validity of the
    evidence

    • 10
    Differences between Law and
    Psychology
    The Law Psychology
    Precedent What’s new?
    Battle to win the Attempt to find
    truth what really
    happened
    Rules Prediction
    Guilty/Not Guilty Probabilities
    • 11
    Psychology/Law

    • Psychology of the law


    • Study of law itself

    • 12
    Psychology/Law

    • Psychology and the law


    • Psychology is used to critically evaluate the
    assumptions being made in law.

    • 13
    Psychology/Law

    • Psychology in the law


    • “explicit and conventional use of
    psychology” as a tool in the operation of law

    • 14
    Witnesses as Evidence

    • The law of evidence recognizes two types of


    witnesses:
    • The common witness to fact
    • Expert witness

    • 15
    Expert Witness

    • Those qualified to express a professional


    opinion, by their training, knowledge, and
    experience
    • They provide expertise the triers of fact (jurors)
    do not possess

    • 16
    Expert Witness

    • Role to assist the court and not the parties


    instructing them
    • Main difference between experts and regular
    witnesses:
    • Able to give an “opinion”

    • 17
    Expert Witness

    • A) talk to a fact or consideration at issue


    • Competence to stand trial, suggestibility,
    being of sound mind
    • B) perform an
    • Factors that cause an eyewitness to be
    unreliable, a victim to suggestion, an abused
    child is asymptomatic

    • 18
    Who is an Expert?

    • UK
    • United States
    • Canada

    • 19
    Experts in the UK

    • A person who through special training, study or


    experience, is able to furnish the Court, tribunal,
    or oral hearing with scientific or technical
    information which is likely to be outside the
    experience and knowledge of a judge,
    magistrate, convenor, or juror

    • 20
    Experts in the US

    • Daubert Standard
    • a rule of evidence regarding the admissibility
    of expert witnesses' testimony during United
    States federal legal proceedings

    • 21
    Daubert Standard

    • A witness who is qualified as an expert by


    knowledge, skill, experience, training, or
    education may testify in the form of an opinion
    or otherwise if:

    • 22
    Daubert Standard

    • (a) The expert’s scientific, technical, or other


    specialized knowledge will help the trier of fact
    to

    • 23
    Daubert Standard

    • (b) The testimony is based on

    • 24
    Daubert Standard

    • (c) The testimony is the product of

    • 25
    Daubert Standard

    • (d) The expert has reliably applied the


    principles and methods to the

    • 26
    Experts in Canada

    • The Canadian Supreme Court has expressly


    adopted the Daubert standard in R. v. Mohan

    • 27
    Mohan Standard

    • Four Criteria:
    • It must be
    • the trier of fact
    • should not trigger any
    • must be given by

    • 28
    Mohan Standard

    • Relevance is a question of law and so is


    determined by the judge
    • necessary if the expert evidence is outside the
    experience of a judge and jury
    • should be included where the probative value of
    the evidence outweighs any prejudicial effect it
    may cause

    • 29
    Negative Bias

    • Expert testimony is especially necessary in


    cases where jurors have little knowledge of
    what constitutes

    • 30
    Education

    • A great many factors and estimator variables


    and system variables are unknown to the
    layperson and should be brought to their
    attention to ensure that justice is done

    • 31
    Education

    • We need neutral education -- Not advocacy


    • Testimony should explain general principles

    • Discuss the

    • And the used to get these data


    to the conclusion being offered

    • 32
    Social Framework Testimony

    • To offset negative bias experts need to present a


    social framework testimony
    • Provides background based on

    • 33
    Social Framework Testimony

    • Designed to inform jurors of something they


    didn’t already know
    •
    concerning the nature of (for
    example):
    • sexual abuse, reaction of victims, and they ways
    trauma can affect memory

    • 34
    How Effective is Expert
    Testimony in CSA cases?
    • Mock jurors who heard an expert testify rated a
    child witness as on memory ability,
    reality monitoring, and resistance to suggestion
    • (Though verdicts were significantly affected
    by of expert’s evidence and in
    presentation)

    • 35
    Criticisms of Expert Testimony

    • 1. Taking over the courtroom


    • 2. Testify to the ultimate issue
    • 3. Use of experts corrupts science

    • 36
    Taking Over the Courtroom

    • One concern is that experts aren’t just


    testifying, they’re taking over the courtroom
    • May be not just informing the judge and jury,
    but as experts,

    • 37
    Testify to the Ultimate Issue

    • Ultimate Issue:
    • This is an extreme form of the taking over the
    courtroom concern
    • The expert not only gives a conclusion but that
    conclusion the ultimate legal
    question

    • 38
    Possibility of Corruption of
    Science
    • The nature of our corrupts
    the objective nature of science and bias may be
    introduced into expert’s testimony
    • 7 issues

    • 39
    How is Bias Introduced
    Because of Adversarial System?
    • Financial gains
    • Extra-forensic relationships
    • Attorney pressure
    • Political and moral beliefs
    • Notoriety
    • Competition
    • Lack of recognition of bias

    • 40
    Financial Gains

    • You could get significant monetary gain for


    being a witness
    • Hired gun effect
    • Is there any such thing as being objective
    anymore?
    • You’re being paid for your time as an expert,
    not for your testimony

    • 41
    Financial Gains

    • Most attorneys actually do pick experts based


    on knowledge, communication skills, and
    reputations
    • BUT the bias is there

    • 42
    Extra-Forensic Relationships

    • How was the expert found?


    • Were they a friend of the lawyer?
    • Part of the same professional organization?

    • 43
    Attorney Pressure

    • The attorney wants to win


    • They hired you
    • They want to you say something to help their
    side
    • BUT the expert is SUPPOSED to be objective
    and honest
    • Conflict?

    • 44
    Political and Moral Beliefs

    • Bias from the expert themselves


    • Death penalty
    • Abortion
    • Political issues
    • Should and consider your biases and refuse
    cases where you can`t manage them

    • 45
    Notoriety

    • Being part of the media barrage can be


    attractive
    • Run the risk of getting to close to fame in high
    profile cases and lose objectivity

    • 46
    Competition

    • Do you like to win?


    • Everyone does
    • Trying to trump the opposing expert instead of
    being objective is biased
    • The legal process itself encourages this with our
    adversarial style

    • 47
    Lack of Recognition of Bias

    • The biggest problem in any of these sources of


    bias is

    • Should always be on guard


    • The best have a little doubt so they`re always
    looking for it

    • 48
    Final Thoughts

    • It must be stressed that experts should be a


    knowledgeable education and information
    provider
    • Not an advocate or partisan player (they
    shouldn’t take sides)

    • 49

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