Psyc and Law Final PDF

Chapter 15 - Predicting Violence Police and parens patriae powers in sexually violent predator civil commitment laws Parens patriae powers allow the state to act as a guardian for individuals who are unable to care for themselves, often invoked in civil commitment laws for se...

Chapter 15 - Predicting Violence Police and parens patriae powers in sexually violent predator civil commitment laws Parens patriae powers allow the state to act as a guardian for individuals who are unable to care for themselves, often invoked in civil commitment laws for sexually violent predators. These laws aim to protect the public by detaining individuals deemed at risk of committing future offenses due to a mental abnormality or disorder. Police’s powers help protect citizens from SVP by arresting SVP Kansas v. Hendricks (1997) The Supreme Court upheld Kansas's law allowing civil commitment of sexually violent predators, ruling it did not violate double jeopardy or ex post facto protections because it was not punitive but preventive. Did not violate due process because it required considerable evidence of past violent sexual behavior, and a present mental inclination to repeat those behaviors. ALSO, since it released people who were deemed no longer dangerous, the law did not violate double jeopardy. SVP laws did not violate double jeopardy and ex post constitutional concerns Megan's Law Requires law enforcement to make information about registered sex offenders publicly available. Named after Megan Kanka, it aims to reduce risk by informing communities about potential threats. Violence and severe mental illness Although people with severe mental illnesses are often stigmatized, the link between mental illness and violence is weak. Factors like substance abuse or lack of treatment are stronger predictors. Future dangerousness; Barefoot v. Estelle (1983) The Supreme Court upheld the use of psychiatric testimony to predict future dangerousness in death penalty cases, despite concerns about accuracy. Tarasoff v. Regents of the University of California Established a therapist's duty to warn individuals if a patient poses a credible threat, balancing confidentiality and public safety.  A UC Berkeley student told his therapist about his urges to kill Tarasoff. Therapist didn’t warn Tarasoff for confidentiality reasons. He did tell the police to detain him, but the police ended up releasing him since he seemed rational. Student actually ended up killing Tarasoff, which seemed preventable knowing that the therapist and others were aware of these concerning threats from the student. Since he only warned police and not Tarasoff/Tarasoff’s parents, she ended up dying. Involuntary civil commitment compared to criminal confinement Civil commitment is preventive and based on mental health risk; criminal confinement is punitive and follows a conviction for wrongdoing. Rates of antisocial personality disorder Antisocial personality disorder is more common in forensic settings and linked to higher rates of criminality and violence. Psychopathy characteristics Traits include lack of empathy, superficial charm, manipulativeness, impulsivity, and a lack of remorse. Strongly associated with criminal behavior. Risk assessment: false positives and false negatives False positives predict dangerousness in non-dangerous individuals, leading to unnecessary confinement. False negatives fail to identify actual risks, endangering public safety. Methods of risk assessment ○ Historical markers: Static factors like criminal history. ○ Dynamic markers: Changeable factors like substance abuse or mood. ○ Risk-management markers: Contextual factors like social support. Jurors' reactions to risk-assessment evidence Jurors often find expert testimony persuasive but may misunderstand statistical probabilities or overvalue certain methods. Chapter 16 - Sentencing and Corrections Factors in sentencing decisions Include the severity of the offense, offender's criminal history, mitigating/aggravating factors, and judicial discretion.  United States v. Booker (2005) Made federal sentencing guidelines advisory rather than mandatory, emphasizing judicial discretion while ensuring fairness. Mandatory sentencing laws Require fixed sentences for specific crimes, often criticized for removing judicial discretion and contributing to over-incarceration. Solitary confinement Used as punishment or for protection, linked to severe psychological harm, including anxiety, depression, and suicidal tendencies. Goals of punishment Deterrence, incapacitation, rehabilitation, retribution, and restitution. Punishment in the American colonies Focused on public shaming, physical punishment, and restitution. National and international incarceration rates The U.S. has the highest incarceration rate globally, with significant racial and socioeconomic disparities. Racial and gender disparities in incarceration rates Black and Hispanic individuals are disproportionately incarcerated; women face unique challenges, including caregiving disruptions. The Stanford Prison Study Demonstrated the psychological effects of power dynamics in a simulated prison, raising ethical questions about corrections practices. Incarceration trends Rising rates in the 1980s–1990s due to policies like mandatory minimums and the war on drugs; recent pushes for reform. Prison conditions (U.S. and international) U.S. prisons are overcrowded and underfunded; international models (e.g., Scandinavian) focus on rehabilitation. Pretrial detention Holds individuals before trial, often leading to unfair treatment of economically disadvantaged defendants. Problems with private prisons Criticized for profit motives, inadequate conditions, and lack of accountability.  Alternatives to incarceration Community service, electronic monitoring, probation, and diversion programs. Chapter 17 - Death Penalty States with the most executions Texas, Florida, and Oklahoma lead in executions in the U.S. American attitudes toward the death penalty Public support has declined but remains divided along political and demographic lines. Furman v. Georgia (1972) Temporarily invalidated the death penalty, citing arbitrary application as unconstitutional under the Eighth Amendment. Bifurcated capital trial Separates guilt determination from the sentencing phase to ensure fairness. Gregg v. Georgia (1976) and its companion cases Reinstated the death penalty with guidelines to reduce arbitrariness. Atkins v. Virginia (2002) Prohibited executing individuals with intellectual disabilities. Roper v. Simmons (2005) Barred the death penalty for crimes committed by juveniles under 18. Baze v. Rees (2008) and Glossip v. Gross (2015) Upheld the constitutionality of lethal injection despite challenges to its humaneness. Death-qualified jury characteristics; Lockhart v. McCree (1986) Death-qualified jurors must be willing to impose the death penalty, often skewing the jury toward conviction. Racial disparities in death sentences Minorities, especially Black individuals, are disproportionately sentenced to death, particularly when victims are White. The brutalization effect Suggests the death penalty may increase violence by desensitizing society to killing. Liebman et al. (2000) study on death sentence reversals Found high rates of error in capital cases, often due to inadequate legal defense or prosecutorial misconduct. Police Issues (Abrams, 2020; Lectures) “Qualified immunity” in the context of police misconduct Protects officers from lawsuits unless they violate "clearly established" rights, criticized for limiting accountability. Law enforcement agencies and required psychological screening Intended to assess mental fitness and reduce risks of misconduct or excessive force. The Las Vegas Police Department modified policy on foot pursuits (Abrams, 2020) Changes aimed to reduce risks to officers and suspects during high-stress encounters. Project ABLE (Abrams, 2020) Advocates for bystander intervention among officers to prevent misconduct. Police department time devoted to handling violent crime Represents a minority of police work, with significant resources spent on non-violent issues. Non-police responses to mental health crises (e.g., Trilogy) Programs like Trilogy focus on community-based interventions for mental health crises. Public attitudes toward non-police response for mental health crises Increasingly favorable, emphasizing the need for trained mental health professionals. Race, mental illness, and police excessive force Intersectional biases lead to higher risks of excessive force against minorities with mental health conditions. Police right to initiate emergency psychiatric holds Allows officers to detain individuals posing imminent risks due to mental illness, raising concerns about misuse.