Psychology and Law: Science and the Court

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Questions and Answers

What does systemic racism in the criminal justice system entail?

Policies and laws that promote equal treatment for racial minorities

An individual level assessment of racial discrimination

Policies that facilitate unjust treatment of racial minorities compared to white people (correct)

Unfair treatment of all individuals regardless of race

Which method was used to analyze racial disparities in traffic stops in Illinois?

Focus groups with affected communities

Surveys conducted among local police departments

A permanent database for traffic stop analysis by race (correct)

Random sampling of citizen complaints

What is a significant outcome of systemic racism as per the provided information?

Zero instances of racial discrimination reported

Higher rates of unarmed black individuals being shot compared to white individuals (correct)

Equal use of force against all races

Uniformity in police interactions with all racial groups

What aspect does procedural fairness include?

Transparency in the decision-making process (C) Signup and view all the answers

What behavioral factor contributes to perceptions of respect in law enforcement communication?

Offering apologizes when necessary (A) Signup and view all the answers

Which of the following statements about implicit bias is true?

Implicit bias can exist subconsciously. (C) Signup and view all the answers

What trend was observed regarding consent to search among drivers in Illinois in 2017?

Black and Latino drivers were requested for consent more than white drivers (D) Signup and view all the answers

Why is it essential to focus on systemic levels of racial disparities instead of individual instances?

It indicates the need for systemic reforms rather than isolated fixes. (D) Signup and view all the answers

What was one of the main goals of the field of Psychology and Law?

To understand the impact of laws on individual behaviors and attitudes (A) Signup and view all the answers

Which of the following statements about the legal field is true?

Truth is determined by what can be legally proven in specific cases. (C) Signup and view all the answers

How does social science primarily inform the legal process?

By creating empirical backgrounds for understanding facts (C) Signup and view all the answers

What approach does psychology primarily take in contrast to law?

It aims to explain and predict behaviors rather than assess blame. (A) Signup and view all the answers

Which of the following best describes the founding of the Psychology and Law field?

It was initiated by Jay Ziskin and Eric Dreikurs in 1968-1969. (C) Signup and view all the answers

What role do psychologists play in the legal process according to the information provided?

They advise on reducing biases and improving testimonial accuracy. (C) Signup and view all the answers

Which publication by Ziskin challenged the admission of psychological testimony in court?

Coping with Psychiatric and Psychological Testimony (B) Signup and view all the answers

What does the term 'Social Authority' refer to in the context of social science informing law?

The use of scientific research to adjust legal regulations. (D) Signup and view all the answers

What was the primary outcome of the Brown vs. Board of Education decision in 1954?

Desegregation of schools is deemed unconstitutional. (C) Signup and view all the answers

What criteria must an expert witness meet to testify in court according to Rule 702?

Specialized knowledge relevant to the case. (A) Signup and view all the answers

Which of the following is a problem associated with expert testimony?

Experts may have financial incentives that influence their testimony. (D) Signup and view all the answers

What is the main function of judges regarding expert testimony in court?

To determine the relevance and validity of expert testimony. (A) Signup and view all the answers

In which case did the Supreme Court rule that expert witnesses can be sued for professional negligence?

Jones vs. Kaney (C) Signup and view all the answers

What standard replaced the Frye standard for admitting expert testimony in federal courts?

Daubert standard (C) Signup and view all the answers

Which of the following describes the Adversarial Model of expert testimony?

Judges do not have a gatekeeping role in testimony admission. (A) Signup and view all the answers

What is a potential risk of junk science being admitted in court?

It can lead to wrongful convictions based on misleading evidence. (A) Signup and view all the answers

What percentage of psychological assessment evidence was challenged in court?

5.1% (D) Signup and view all the answers

Which is NOT one of the four criteria established by Daubert for evaluating the admissibility of scientific evidence?

Cost-effectiveness of the research. (A) Signup and view all the answers

What cognitive bias can be mitigated by considering alternative scenarios during a trial?

Confirmation bias. (D) Signup and view all the answers

What is a significant limitation in the judicial system regarding the challenge of junk science?

Judges often lack specialized knowledge to detect weak evidence. (B) Signup and view all the answers

Why did the Supreme Court decline to allow testimony from a Harvard psychologist in Frye vs. US?

The method was not generally accepted in the scientific community. (C) Signup and view all the answers

Study Notes

Week 1: Psychology and Law: Science and the Court

Psychology is a newer field than law, emerging as a scientific discipline in the late 1800s.
Psychology and Law as a field was founded in 1968-1969 by Jay Ziskin and Eric Dreikurs.
Ziskin's 1970 book, "Coping with Psychiatric and Psychological Testimony," questioned the admissibility of psychiatric and psychological testimony in court.
The first joint JD/Ph.D program was announced in 1973.
Goals of Psychology and Law include understanding the effect of law on attitudes/behavior, people's influence on law's creation/enforcement, and legal system improvement through testing human behavior assumptions.
Legal field focuses on history, norms, prescribing regulations, and assessing blame.
Legal truth is based on what's legally provable in a specific case and relies on values/political beliefs.
Psychology focuses on present/future, explaining/predicting, group-level facts, and uncertain data evolving through consensus.

Week 1: Key Concepts

Psychology and law have different approaches to data and truth.
Psychology uses empirical evidence while law focuses on precedent and legal precedent.

Social Fact: Use of social science research to resolve disputes in court.
Social Framework: Use of social science for factual background/context in court.
Social Authority: Use of social science to create/modify legal rules.

Week 1: Roles of Psychologists in the Legal Process

Advisors: Reduce bias, false confessions, inaccurate testimony, excessive force, suicides in jail.
Evaluators: Suspect competence, trauma, psychopathy treatment, victim identification.
Advocates: Support evidence-based practices & justice system reform.

Week 1: Landmark Cases

Brown v. Board of Education (1954): Unanimous Supreme Court decision that segregated schools are unconstitutional; followed by Brown II (1955) for implementation.
Brown v. Plata (2010): California prison overcrowding deemed cruel and unusual punishment, with social psychologist Craig Haney's testimony playing a role.

Week 2: Courts Decisions about Evidence: Probative & Valid or Prejudicial

Week 2: Types of Witnesses

Lay witnesses can testify on perceptions/hearings, offering opinions clarifying perception.
Expert witnesses have specialized knowledge that jurors lack, must be qualified and accepted by the judge.

Week 2: Expert Testimony Guidelines

Experts cannot give opinions on defendant's mental state for a crime or defense, but can opine on other relevant issues with a rational basis supported by valid research.
Trial judges decide on research validity and testimony admissibility.

Week 2: Expert Witness Models

Adversarial (USA, Israel): Judge has limited role in expert admissibility.
Court-appointed (Brazil): Inquisitorial model—all questioning through judge.
Panel of Experts (Australia): "Hot Tubbing Technique"

Week 2: Problems with Expert Testimony

Financial incentives: Experts may tailor testimony to benefit clients.
Partisan experts: Lack of regulatory body for expertise.
Exaggerated credentials/limitations: Experts might obscure research limitations.
Example: Dr. Gene Morrison (2007) fraud conviction.

###Week 2: Expert Witness Immunity

Varies across jurisdictions, with the UK (Jones v. Kaney, 2011) removing expert immunity from civil suits now allowing expert witness to be sued in civil case.
Some jurisdictions allow lawsuits against experts for malpractice in US.
Australia protects experts from civil suits, while some US states allow lawsuits for professional malpractice/contract breaches.

Week 2: Legal Standards for Expert Testimony

Daubert Standard (federal system, many states) replaced Frye standard.
Frye v. US (1923): established general acceptance within relevant scientific community as standard for expert testimony.
Daubert's 4 criteria: Reliability/validity, error rate, peer review/publication, general acceptance.

Week 2: Judges' Role in Expert Testimony

Judges assess relevance and validity of expert testimony (gatekeepers).

Week 2: Junk Science

Junk science in court is a substantial problem.
Issues arise in legal process, scientific community, and individual levels.
Examples of junk science include forensic evidence, like bite-mark analysis with potential to wrongfully convict.
Attorneys rarely challenge junk science.
Judges lack specific scientific training to evaluate evidence.

Week 3: Racial Disparity and Discrimination in the Criminal Justice System

Week 3: Systemic Racism

Systemic racism involves policies/laws that create unfair treatment/outcomes for racial minorities.
Dr. Phillip Atiba Goff discusses racist behaviors as observable instead of focusing on the word racism.
DOJ found racial bias in police behavior, leading to consent decrees for reform.
Systemic racism affects both outcomes (distributive justice) and treatment (procedural justice), creating disparities.
Procedural injustice includes disrespectful treatment, lack of listening, biased decision-making, lack of transparency, and insufficient explanation of decisions.

Week 3: Legal protections against Discrimination

Title 7 (race) and Title 9 (gender, age) protect individuals from discrimination.

###Week 3: Police Practices and Racial Disparities

Police practice studies show racial disparities in traffic stops, searches, and use of force, despite implicit racial bias tests not reliably measuring behavior.
Black/Latino drivers face disproportionately higher rates of consent requests for searches compared to white drivers.
Unarmed black individuals are significantly more likely to be shot by police than are unarmed white individuals.

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Description

Explore the fascinating intersection of psychology and law in this quiz, which delves into the historical emergence of psychology as a scientific discipline and its impact on the legal system. Understand the foundational goals of combining these fields and how they influence each other in the courtroom and beyond.