Clinical Psychology

(Kiana) #1

specialty training programs exist. However, forensic
psychologists are a target of harsh criticism as well.
In this chapter, we have discussed eight activities
of the forensic psychologist. Forensic psychologists
may serve as expert witnesses or as consultants for
both criminal and civil cases. Forensic psychologists
may also be called on to represent hospitalized


patients’rights or to evaluate and predict whether a
patient is likely to be a danger to self or to others.
Forensic psychologists also serve as consultants
regarding jury selection and witness preparation.
Finally, forensic psychologists may conduct research
on important issues such as eyewitness testimony and
jury behavior.

KEY TERMS

ALI standardThe most liberal standard for
determining the insanity of a defendant. This
standard attests that the defendant is not respon-
sible for an unlawful act if it resulted from a mental
disease or defect such that he or she lacked
substantial capacity either to appreciate the
criminality of the act (a cognitive deficit) or to
conform to the law (a volitional deficit).


burden of proofThe obligation to establish the
truthofanassertioninacourtoflaw.Inthecaseof
the insanity plea, the burden of proof is usually on
the defense.


competency to stand trialThe defendant’s state
of mind at the time of trial. To be deemed
competent, it must be shown that the defendant
appreciates the nature of the charges and can
report on his or her behavior at the time of the
alleged offense, has a basic understanding of the
court proceedings, and is capable of cooperating
with his or her attorney.


expert witnessAn individual who, by his or her
unique profession, training, or experience, is called
on to help the court understand and evaluate
evidence or offer opinions and inferences on an
issue.


eyewitness testimonyTestimony given by an
individual who has witnessed part or all of an event
(e.g., a crime, an accident). Eyewitness testimony
is often inaccurate, unreliable, and distorted by
subsequent information. One role of forensic
psychologists is to help identify the conditions in a
specific case that might produce distortions in
testimony.


forensic psychologyA psychology subspecialty
that focuses on applying psychological concepts
and methods to questions/problems arising within
the context of the legal system. Forensic psychol-
ogistsmaybecalledupontoprovideexpertiseon
matters of child custody, jury selection, the
prediction of dangerousness, etc.
insanity pleaThe assertion of someone accused
of a crime that he or she was not“sane”or rational
atthetimeoftheallegedcrime.Ifthispleais
successful, an individual is regarded as not
responsible for his or her actions and is held for
treatment rather than punishment.
joint custodyAn arrangement in which both
parents share in the custody of a child following
divorce. Many“joint custody”arrangements are
determined informally bythe parents; formal court
orders tend to be issued only in cases where the
parties could arrive at no satisfactory agreement on
their own.
jury selectionA process in which attorneys for the
prosecution and defense choose jurors for a case from a
larger pool of possible jurors. Forensic psychologists
may be consulted to assist attorneys with jury selection
(e.g., to come up with a theory for jury selection, to
improve the voir dire skills of the attorney).
jury shadowingThe process of hiring individuals
similar to those who are serving on a given jury
and monitoring their reactions to the testimony as
it is presented at the trial. The reactions of the
shadow jurors are used to anticipate the reactions
of the actual jurors and may serve as the basis for a
shift in courtroom strategy.

560 CHAPTER 19

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