PSYC 601 Final

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Supreme Court found that states' juries were imposing the death penalty "wantonly and freakishly"; ethnic minorities disproportionally sentenced to death; not enough doc to ensure juries were not biased; death pen is uncon when judges & juries are allowed such discretion

Furman v. Georgia, 1972

NC attempted to mandate the death penalty for some crimes, but Supreme court ruled that this still violated the 8th amendment

Supreme Court upheld death penalty as constitutional; found that states involved (TX, GA, FL) adequately addressed issues from Furman by specifying aggravating circumstances

NC Med Board declared that physicians could not participate in executions

Allows defendent/inmate to present evidence that racial bias is/was a factor in sentencing; bill has been introduced to house to overturn

same as an appeal (admin of death penalty after sentencing)

grounds that could not be raised at trial or on direct review; involves consideration of new evidence outside of trial record & ineffective counsel

"produce the body"; federal lawsuit; apeal to fed govt to ensure that the states have protected the defendent's const rights; can also bring forth new evidence; 21% of cases reversed

Section of Civil Rights Act of 1871; challenge the states' method of execution as cruel and unusual

trial consultancy (assisting with death-qualifying the jury, advising on viability of insanity defense); assessment of mitigating or aggr factors; evaluate competency to be executed

jurors can be excluded if their views on capital punishment preclude them from doing their duty as a juror

jury has to unanimously agree that one or more aggravating factors were present to impose death penalty

jury instructions that don't ask about mitigating factors regarding mental health violate the 8th amendment

murder of law enforcement; murder after kidnap; murder for hire; murder of >=2 ppl; heinous murder/torture; depravity of mind; risk of further damage to others; history of violence

no sig criminal record; young age; duress/coercion by another; extreme emotion; limited understanding of consequences; any factors defendent believes is mitigating

85%

interview (mental status exam); testing (neuropsychological, intellectual, personality); records (school, work, military, medical, psychiatric)

comprehend they are going to die, understand it is punishment for a crime; primarily assessed through interview

excluded defendents with mental retardation from death penalty

mental retardation, psychosis, age

Supreme Court upheld death sentence for a person at least 16 year of age at time of crime

imposing death penalty on those younger than 18 is cruel and unusual punishment; "evolving standards of decency"

a group of symptoms that occur together, define a condition or problem, consistent from one person to another, generally interchangeable with disease

found across all groups (age, race, class, socioeconomic, etc.); women more likely to be victims & men perpetrators

poverty, lack of resources, isolation (social & cultural), greater acceptance of gender inequality

men: est. or maintain control, often serial; women: self-defense, in anticipation or retaliation

exp or witnessed battering in childhood; difficulty w/ attachment to others; impulsive; poor social skills; negative cognitions & attitudes (women, gender roles, violence)

periodic and precipitated by stress

exhibit mental disorder, substance abuse problems

extensive legal history, substance abuse problem

learned helplessness, low self-esteem, feelings of depression, impaired functioning (survival rather than escape, inability to plan), loss of feeling of safety, fear, terror, anger, rage, inevitability of death, cycle of abuse, high tolerance of cognitive inconsistency, hypervigilence

• Tension-building phase; Acute battering incident; Contrite phase (tends to disappear over time);
• Equivocal empirical evidence; must exp complete cycle at least twice

may lead others to expect similar reactions from all battered women; may not apply to other cultures (including subcultures within US)

reexperiencing of traumatic event; reduced responsiveness to environ; at least 2: diff falling asleep, irritability or angry outbursts, diff concentrating, hypervigilence, exagg startle response

could be used against women in courty if they dont exhibit all symptoms; stigma; in court, implies that man is guilty

self-defense; insanity

expert witness increases likelihood of more favorable outcome for defendant: more specific testimony, better outcome, only for self-defense (not insanity)

physical (19%), emotional (8%), sexual (10%, girls 4x more likely), neglect (67%)

neonaticide

filicide

blues (50-80%), depression (likely to be present before birth), psychosis

parent induces medical or psychological symptoms in child in order to get attention; tend to be vague symptoms

evaluation; assessing competency to testify; testifying as expert witness; treatment

social or research framework; comparing characteristics of kids in the case with those of abuse kids; testimony about credibility

signed by Gov. Mike Easley; requires prosecutors to share files in all felony cases; defense shares witness lists & details of grounds of defense

leading questions; confirmation by others; + & - consequences; repetitive questioning; inviting speculation; misinformation

The presence of suggestible materials can lead to reversal of decision

use kid appropriate language; begin w/ open-ended questions & prompt for more details; document all interviews; evaluate credibility objectively

don't use in initial stages of evaluation; mental health profs should be trained; awareness of age, SES, background, etc affect responses; document

takes a victim's retraction of abuse allegations as proof that the abuse occurred

acquisition (encoding, input from sensory organs); storage (usually involves repetition); retrieval

not everything gets into memory; what goes into memory may vary in strength; memories may change; not all that is stored can be retrieved

we continually alter & reconstruct our memory of past experiences; memory not like videotape

see notes

separation or divorce; abuse or neglect; death of parent; parents are juveniles; parent incarcerated

guardian ad litem

therapist, mediator, guardian ad litem, evaluator, consultant to attorney, expert witness, parent coordinator

1st articulation of "in the best interest of child" doctrine; moved beyond monetary considerations to psychological; shifts towards mom being awarded custody

kids should spend tender years with mom; extension of best interests doctrine

"psychological parent"; may not be biological parent

wishes of parent, wishes of child, relationship of child with parents & sibs; child's adjustment to home, school; mental & phy health of all involved

nuturing environ, guidance, religious issues, economic issues, stability, emotional attachment, other things

see notes

special needs of kid and parents, drug or alcohol abuse, neglect, domestic violence, relocation, alienation, high conflict families

interview all parties; psychological testing; medical & school records; observation

family history, child behavior checklist, psychiatric/psychological records, med records, etc.

see notes

homosexuality=mental illness, lesbians not maternal, relationships w/ partners leave no room for relationships w/ kids, kids at risk

APA filed several amiscus briefs concerning same-sex parenting

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right to treatment and right to refuse treatment

must have hearing before transferring a prisoner to a hospital

Can force meds on a prisoner for treatment only with a judicial hearing; clearn & convincing evidence

non-violent 1st time offenders, youth, gay/transgendered, immigrants