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Aggravating factors
are any relevant circumstances, supported by the evidence presented during the trial, that makes the harshest penalty appropriate, in the judgment of the jurors.
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Mitigating Factors
are any evidence presented regarding the defendant's character or the circumstances of the crime, which would cause a juror to vote for a lesser sentence.
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Amicus brief
a document which is filed in a court by someone who is not directly related to the case under consideration.
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Brandies brief
brief that focus on empirical evidence and similar types of evidence rather than reviewing past cases and statutes.
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Competency hearing
A hearing that is held in state probate court to determine if a person is able to handle their own affairs and to ensure they have the mental capacity to understand the nature of the death penalty and why it was imposed on them
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Confidentiality
information about particular case remain private
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Death-qualified jurors
a trial jury pronounced fit to decide a case involving the death penalty.
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Deductive reasoning
arguments based on laws or rules
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inductive reasoning
arguments based on experience or observers
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Dual relationships
whenever a psychologist interacts with a client in any capacity beyond the one role as psycholgoist, for example, also being their client�s teacher, consultant, business partner, or sexual partner.
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Empirical approach
both existing standards and proposals for change would be carefully examined for their scientific merit (insanity defense and guilty but mentally ill)
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Evaluation
primary responsibility of many forensic psychologists with clical psycholgoy backgrounds. assessment of characteristics of defendents
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Expert witness
may express opinions, for they are presumed to possess special knowledge about a topic, knowledge that the average juror doesn�t have.
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Fact witness
who can only testify regarding what they have observed or what they know as fact,
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Forensic psychology
any application of psychological research, methods, theory, and practice to a task faced by the legal system
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"Hired gun"
work in the service of their employers� values rather than trying to advance their own. Their motivation is to help the person who hired them as the expert.
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Mediator
Attempt to resolve legal disputes before they go to trial
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Precendent
- Law . a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
- 2.
- any act, decision, or case that serves as a guide or justification for subsequent situations.
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Psychopathy
includes the following characteristics: impulsivity, a lack of guilt or remorse, pathological lying an manipulativeness, and a continual willingness to violate social norms.
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Reliability
consistant over time
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Replicability
different invesigators can produce similar results
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Stare decisis
let the decision stand..The principal that the precedent decisions are to be followed by the courts.
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Subjective expectation of privacy
In order to successfully challenge a search or seizure as a violation of the Fourth Amendment to the U.S. Constitution, a plaintiff must show that he or she had manifested a subjective expectation of privacy in the area of the search or the object seized and that the expectation is one that society is willing to recognize as reasonable or legitimate.
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Trial consultant
hired by attorneys to help with jury selection, witness preparation, or trial strategy
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Values
are basic pscyhoglogical conccepts--standards for decision making, and thus laws are created, amended, or discarded because society has established standards for what is acceptable and unacceptable behavior.
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Cesare Lombroso
an Italian who sought to understand the causes of crime (from a biological perspective) - father of modern criminology
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"Basic" Psychologists
Those who conduct research in search of scientific laws
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"Applied" Psychologists
Those who work toward the alleviation of detrimental behaviors in individuals
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Hugo Munsterberg
father of forensic psychology - On the Witness Stand
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Judgment of insanity is
a legal one
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Affirmative Defense
A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
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A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
- A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
- A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
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A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
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ALI standards
Americal Law Institute - A person is not responsible for criminal conduct if at the time of the action, as a result of mental disease or defect, he (or she) lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law
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CQT
Control Question Technique
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Competency
a persons ability to understand the nature and purpose of court proceedings, and it is applicable at every stage of the criminal justice process, from interrogrations and pretrial hearings to trials and sentencing hearings.
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Criminal profiling
Offender profiling is a behavioral and investigative tool that is intended to help investigators to profile unknown criminal subjects or offenders.
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Equivocal death analysis
evaluation by FBI - inquiries that are open to interpretation.
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GBMI
Guilty but not mentally ill
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Guilt
a criminal sense requires not only the commission of an illegal act but a concurrently existing state of mind reflecting awareness of the act's implications.
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Harm
physical or mental damage
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Insanity
a legal concept, to be decided by the triers of fact, and not a medical or psychological one - a person who is unaware of the meaning of his or her acts and who should not be heald criminally responsible for them.
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Irresistible impulse exemption
if a defent demonstrated cognitive knowledge of right or wrong, he or she could still be found not guilty by reason of insanity if his or her free will was so destroyed or overruled that the person had lost the power to choose between right and wrong.
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Malingering
is the defendent simulating a serious mental disorder in order to avoid a guilty verdict or a prison sentence
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Mass murder
anything more than three victims in one location and within one event
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Modus operandi
MO - standard procedure
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M'Naghten rule
defining insanity; three elements: a person should be judged insane if the following are present, suffering from disease of the mind, did not "know" the nature of the act he was doing, did not know what he did was wrong
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Necrophilia
sexual arousal stimulated by a dead body
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NGRI
Not Guilty by Reason of Insanity
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Per se exclusionary rule
prohibit hypnotically assisted testimony in all cases
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Psychological autopsy
a mental state examination of the deceased.
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Psychological profile
can be performed by anybody ---A method of gathering speculative information regarding a suspect's psychological makeup in order to aid the investigation.
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Risk assessment
the process of conceptualizing various hazards in order to make judgements about their likelihood and the need for various preventative measures.
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Serial murder
involving three or more seperate events with a cooling-off period between homicides
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Signature
reflects unique, personal aspects of the criminal act, often the reflection of a need to express violent fantasies
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Spree murder
killings at two or more locations with no emotional cooling-off period between homicides
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MMPI
Minnesota Multiphasic Personality Inventory - most widely used assessment tests for detecting psychogpathology
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