law

• rules of
• guidance of human behavior imposed on members of a state
• -Govern behavior
• -Resolve conflict

• accommodate
• - human behavior and circumstances in conflict
• - changing society

• scientific study of behavior and mental processes
• (hypothesis procedure data )

study of human behavior and mental processes  on law related themes

• natural law
• formal or positivism
• legal realism

• law is beyond human creation
• (god, human nature , order of nature )
•  
• law is unchanging because of source (nature)
• because of (nature) it is good and moral
•  good reasoning= true law

• human law -
• translation of natural law to be applied to human behavior

• absolute law made by law makers
• rules to fact = legally valid judgement

• law is the behavior of judges
• promotes welfare and looks into social reality
• represents society

open to input  for chaning society and modifies according to personal biases

• 1895
• peoples everday experiences but were often mistaken in response

• 1900
• heightened suggestibility of children

• 1906
• psychologist could help community

• 1908
• articles in psychological bullentin to memory and witness

• 1910
• reality to stage events
• witness can be wrong

• 1908
• harvard
• application of psych research to legal
• most influencial
• psych principals in eyewhitness, false confessions, crime detections

• 1968-69
• founded

• 1896
• firs psych in court
• serial sex case
• publicity on memory report

• 1911
• empirical evidence for inaccuracies in children

immediate parties and issues

concusions from social science research

to conduct such research is to understand society

social science as a way to change, create and research rules

HESS

• 1.      
• Knowledge cumulative vs logica

• 2.      
• Methodology nomothetic vs idiographic

• 3.      
• Epistemology experiments vs adversarial

• 4.      
• Criteria to truth strict vs lenient

• 5.      
• Goal describe behaviorvs prescrive

• 6.      
• Princlples multi vs single explanation

Conolly

Law vs psych

• Ideographic
• vs nomothetic

• Certainty vs
• probabilistic

• Reactive vs
• proactive

• Applied vs
• academic

• Resist
• innovation vs creative

• Authorative
• vs empirical

• Adversarial
• vs experimenta

• Prescriptive
• vs descriptive

• behavioral science unit
• fbi makes a distinction between mental health and law
• fbi agents are law enforcement professionals not health professionals

• to become profile
• criminal experience needed
•  
• weigh law and criminal knowlege over psych

a combination of justice system (civil and criminal)and psychology(clinical and experimental )

practice of psych (researcg and direct+indirect service ) with criminal and civil systems

• professionals with wide range of backgrounds and contributions
• (clinical, counseling, social developmental, cognitive, neuropsychology. )
• any type of psych with law

• - outside or inside legal system
• direct service to court (competency to stand trial, criminal responsibility, child custody )

- basic applied research  research (eyewhitness behavior, jury descision making )

combo of clinical and research

difficulty to be outside the system or be within it .

2 levels of clasification

• eithical guidelines and professional responsibility
• broad term
• Any psychologist (clinical, social, cognitive, developmental,etc.) who works within the legal system is a forensic psychologist

therfore same ethical standards to all

• clinical and nonclinical distinction
• clinical professionals require education, training and licensing VS irrelevant in nonclinical
•  courtroom orientation difference
• ndividual assessments vs. research - based social fact evidence).

• 2007
• science and psych on law and legal issues
• scientifc principles and practice in adversary process for special knowledge professionals

2001

Psychologists that provide professional expertise to judical system regularly

(clinical psychology,counseling psychology, neuropsychology, andschool psychology, or other applied areas within psychology )

• 2003
• application of
• psych research, theory, practice, and traditional specialized methods to legal questions  (interveiw , psych test, forensic assessment)

• practice and research
• practice to generate products (reports testimony)

• research to design, conduct, and interpret empirical studies
• investigate people or area of concern that is relevant to legal system

• 1999
• scientific stuy of the effect law on people and people on law

2005

application of psych research methods theory and practice concerning legal system 

• AP-LS
• 1968-69 founded

• 1974
• uni of nebraska

• APLS
• 1977

1984

1995 as apa journal

research vs practice

some may be seperate but some may also combine both

• psych evalutation
• expert testimony
• testimony and evaluation  on cvil issues (personal injury)
• asessment and treatment for violent offenders
• research and testimony  on psych issues on legal processes (eyewhitness and jury selection )
• specialied treatement  in legal system
•  consultations to law crim justice , policy,correctional system
• analysis of issues to human perf, and safety
• mediation and conflict resolution
• teaching, training, supervsion

interdisciplinary organization devoted to scholarship, practice, and public service in psychology and law

• law and human behavior  APLS
• criminal behavior and mental health
• behavioral science and the law
• psychology
• public policy and the law
• legal and criminological psychology

total of all rules governing behavior that is enforced in court

prior court decision establishes prededence for current cases

request for higher court to direct lower court, tribunal or public authority to send record in case for review

• psych
• grounded in theory and empirical research
• empirical research to test theory
• ifference between groups of individuals

• legal system
• concerned with individual case
• prededence (what prior court decided on )

• psych
• creative approach to research question
• beyond standard categories

• law
• stare decisis
• prior case on current
• backwards in must follow strict already decided decision

• psych
• empirical principles based on collection of data

• law
• lower courts bound by higher courts

• psych
• application of experimnetal model to test hypo
• minimize error or bias

• law
• each side presents case and bias and self-interest is strength

• psych
• describe behavior as it occurs

• law
• tell people how to act and how to be punished

• psych
• data is obtained through investigation of groups in nature (general principles, relationships, patterns)

• law
• based on single cased; the individual
• facts of each case that form decision

• psych
• relationshiop if cause and effect with statistic and probabilty theory

• law
• definitive outcome
• guilty vs nonguilty

• psych
• research decided what hypotheses to address

• law
• wait until issues are presented

• psych
• intellectual curiosity

• law
• concern of real world and problem solving

• threefold
• psych in the law
• passive
• use of psych by lawyers in legal process
• psych to legal questions
• relevant to legal question
• (court evaluations , insanity defense , competency to stand trial)
• roles that psych can  provide as consultants
• conduct studies

• psych and the law
•  psychological principals to analyze legal system

• coqual and conjoint use of psyc principles to analyze legal system
• eyewitness accuracy, false confessions , judical decison making

• psych of the law
• why people need law , why obey law

orgins and existence of law via psych relations

the operation of law as a determinant of behavior

doctorate not needed

• european
• court appointed
• written down coded

judges as an active role in (calling whitnesses, experts are apointed, lawyer to assist court)

• commissioned by one part
• common law system
• law decided by past decisions of court

• passive judges and final arbitrator
• lawyers role to advocate client

witness and expert by sides

• ad
• each party given opportunity
• peoples law

• in
• court appointed
• unbiased testimony
• positive credibility

• 1867 british NA act
• ferderation of canada

• not all important power to one evel
• residual = left over power

• province - local
• federal- national

• divided among provincal and federal
• section 91 - fed
• section 92- provincial

each explained power

outside the jurisdiction of the boy of law that passed it

enactment of criminal law

prosecuting , enforcing criminal law, civil law personal injury , mental health

• supreme law of Canada
• can not be overridden by statute or common law

except infringement - notwitstanding clause

requires judiciary interpretation

guidelines to apply to particular sets of facts

• able to be implied,
• complex language

• outlines boundaries of tribunal authority
• tribunals bound by constitutional law  statute law and common law
• human right breaches, employment standards immigration, parole

• laws from previous cases
• not written in legislation

fed and prov give powers to administrative tribunals for interpretation and law enforcement

passed by fed or prof but the power to enforced and interpret goes to administrative body

• provincial court
• provincial superior court
• provincial court of appeal
• supreme court

• provincial judge
• mostly criminal cases some civil
• no jury option
• decisions not bound by other courts

• trial court
• divorce
• appeals from provincial
• family
• small cases
• judge jury

binding over provincial court  but only persuasive on other superior court judges

• must be heard in provincial appeal prior
• may refuse
• 5-9 judges
• binding

• punish perpetrator
• police investigation
• state pays for prosecution
• defendant pays for defence
• crown to prove beyond reasonable doubt

• restore injured to orginal state
• plaintiff does investigation
• hired lawyer
• argues case in court

• legislation that is hard to be ammended or revoked
• complex

• 2 sources
• (prohibited groups disability, race , national, ethnic, religion )
• public - federal
• private- provincial

charter

• court of law
• supreme law of Canada
• cannot pass laws that infringe charter

• 3 elements
• 1 protects against unconstitutional actions of government
•  potential abuses of state power

• 2 if charter is infringed upon sec 52
• strike down of legislation
• part of the legislation that is contrary to charter
• read-in elements that bring legislation in line

• 3 if law is consistent with charter but manner was carried out infringed on charter right
• may apply for remedy
• exclude evidence

• Right to
• life liberty, security of person and right to not be deprived  except in fundamental justice

• (pre trial
• disclosure of info,  right of silence,
• does not have to take the stand but must answer if must )

Section 8

• Right to be
• secure against unreasonable search and seize

Section 10

• Right to
• obtain and instruct counsel without dely and to be informed of that right

Section 11

• Person
• charged with offence

• -              Tried within reasonable time
• between charge being laid

• -              To be presumed innocent until
• guilty

• -              Not denied bail without just
• cause  except under military law under
• military tribunal

 

act itself

• The act
• itself

• Failure to
• do sometime required by law

• Ex child
• support

• Mental state
• of perp at time of offence               

• Ex first
• degree- plan  and deliberated to cause
• harm

• Fines of
• less than 2000-less 6 month prison

• -              must be charged within 6 month of
• commiting unless crown agrees on extend

• -              summary offences heard in
• provincial court with no prelim and jury

-              ex vagrancy/ unlawful assembly

more  serious offence

• Either indictable
• or summary offence at discretion of the crown

• Actus reus
• and mens rea only need reasonable doubt

• While
• justification and excuse need balance of probabilities

 

• Negate actus
• reus

•              Involuntary act ex assault in
• attack; automatism

 

• Negate mens
• rea

•              Not criminally responsible on
• mental disorder

Justification

•              Self defense, correction of
• children

• Excuse
•     Necessity, provocation mistake of law

• To max
• probability of fair presentation of evidence

• -              Most Found in case law (common
• law)

-              Some statutes for law

o             Canada evidence act

• o             Admissibility of evidence in crim
• trial

-              Provincial evidence act

• Admissible
• evidence

• All
• information is logically probative of a material fact unless

-              Inherently unreliable ex hearsay

• -              Prejudicial effect outweigh
• probative value ex bad chara

-              Prohibited based  on policy ex charter breach

• Admissibility
• and weight are different matters

only professionals allowed to express opinons

• 4 criteria
• necessary
• relevant
• qualified
• does not determine weight

• let the decision stand
• meausre of predictability
• certainty with law

• able to proceed with criminal proceedings
• when one doubt of competency is raised
• by defense. prosecution or court

any stage from the occurance of the crime to trial

• proof of mental disorder
• necessary but not sufficient

test for various competences

defendant must be able to participate in own defense without mental defect or disease

• able to instruct counsel
• undestand consequence of proceedings

remand at any time

• 30 -60 days
• 16.5 avg

• outside custody unless necessary
• 653 remanded 88% inpatient
• mental disorder necessary but not enough

• according to sec 2 of criminal code
• understand nature and object of proceedings
• consequences of proceedings
• ability to communicate with counsel

• scoring for inquiries relevant to psych abilities
• persons ability to plead guilty

• understanding charers
• relevance of infomation for defense
• reasoning
• making choice

• held in hostpital
• goal - restore fitness
• with drug
• target deficts to unfitto stand trial
• restore 6-12 month

• male
• single
• unemployed
• alone
• mental and justice system
• major mental disorder

• one who is not found unfit to stand trial is capable
• self representation after assessment
• lack of fitness for trial linked to incom to self rep

mental disorder is necessary

• sec 10
• must understandd rights
• mental disorder not needed to be incompedent to wave right to counsel

• no fear of prejudice or advantage
• operating mind
• not being opresssed
• not linked to mental illness

mens rea (mental state with evil intent )

NCRMD

Degree of mental illness is necessary for insanity

person is persumed sane unless proved that at the time of committing offence , there is a disease of the mind

not understanding the act or it was wrong

• -         
• Expert
• psychiatric testimony.

• -         
• Intent to
• harm.

• -         
• Background
• of the defendant.

• -         
• Defendant’s
• mental health history.

• -         
• Defendant’s
• ability to remember events from the time of the offence.

• -         
• Situation
• at the scene of the crime.

• -         
• Defendant’s
• own testimony.

• -         
• Offender/victim
• relationship.

Defendant’s remorse

• Belief
• -          Frequently used (37%).
• -          Frequently successful, resulting in acquittal (44%).
• -          Most are charged with murder.
• -          Serves as a “loophole”—only half are hospitalized.
• -          Resulting in confinements of less than two years.
• reality
• -          26% are acquitted.
• -          14% of the cases that involve the defence are for murder, 54% for other violent offences.
• -          85% of “insanity” acquitees are hospitalized.
• Typically, an acquitee is confined for more than 2.5 years (6.5 years for murder

free of mental disorder unless proven otherwise on balance of probablities

• not responsible while mentally ill
• inability to undestand act
• appreaciate nature and quality
• moreally culpable
• does not need to appreciate consequence

• remand less than 30 days
• avg 22.6
• rogers criminal responsibility assessment scale
• pschological critcal at the time of offence

• organicity psychopathology
• cognitive control
• behavioural control
• report reliability

• -         
• Male.

• -         
• Aged
• 20–29.

• -         
• Single.

• -         
• Unemployed.

• -         
• Minimally
• educated.

• -         
• Diagnosed
• with major mental illness.

• -         
• Suffers
• from psychotic disorders (schizophrenia being most common).

• -         
• Prior
• contact with justice and mental health systems. 
• Previously
• acquitted for a violent offence.

• protection of public
• mental condition of accused
• reintergration of accused into society
• needs of the accused

no threat to society

condition cannot be involuntary treatment

• reviewed every 2 years
• cannot be involuntary treated unless in BC

• psychotic disorder
• personaliy
• substance abuse

• drug therapy antil psychotic
• behavior disorder
• substance abuse

• -    Symptom reduction.
• -    Decreased length of stay in the facility.
• -    No need for re-admittance to hospital.
• -    Reintegration.

• detained for long time
• matched felons more or less
• 60 percent of persons detained after being found NGRI was unfit to stand trial

• 172 days
• average detain 9.5 years
• 30% with minor offences

seriousness of offence was a strong predictor of length of confinement than severity of the mental disorder

• acquittees were more likely to be confined
• ngri more time in detention

similar to non ngri

• substance abuse 87%
• antisocial 57
• affective disorder 23
• anxiety somatoform 16
• schizophrenia 2

more likely to commit, get caught, arrested , plead guilty