Any application of psychological research, methods, theory, and practice to a task faced by the legal system. Psychology in the law, psychology by the law, and psychology of the law.
Forensic psychologists that asses the attitudes of people role-palying as jurors in a trial in order to identify issues perceived by the actual trial jurors; they assumble attitude questiosn based on psychological concepts that may influence the mock jurors who have observed a rehearsal of the trial.
Something that evaluates specific graduate-school training programs and not to credential individuals, a concern exists that such labels in the future may be applied to individual psychologists. Ex. clinical, counseling, school psychology.
Standards for decision making, and thus laws are created, amended, or discarded because society has established standards for what is acceptable and unacceptable behavior.
When a married man forces his wife to have sexual relations againts her will.
Both existing standards and proposals for change would be carefuly examined for their scientific merit. (response to John Hinkley's trial)
Agreement between parties where one party gives something in order to receive something back. (Can be contract between government and people).
Due Process of Law
The idea that if government wants to take people's rights, they must follow rules too in order to ensure that people's natural rights are protected. The government must follow rules and cannot act arbitrarily.
Rights that ensure that a person is free from unequal treatment. This grants you Equal Protection under the law.
The government must show that the challenged classification serves a compelling state interest that the classification is necessary to serve that interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest. Includes Race, National Origin, Religion, Alienage (citizenship), Fundamental Rights.
The government must show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest. Includes Gender and Illegitimacy (children born out of wedlock).
The government need only show that the challeneged classification is rationally related to serving a legitimate state of interest. This includes sexual orientation, mentally retarded, children of illegal aliens, smokers, or anything not under strict and intermediate scrutiny.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
McCleskey vs Kemp
Trial in which an African American man robs a furniture store and ends up killing a white officer (Georgia 1987). Defends himself by claiming discrimantory intent or that jury were more likely to convice a black man killing a white man.
Intentional or deliberate discriminatory treatment.
Unintentional polices that can have a discriminatory effect.