Chapter 1

1. Chapter 1 Introduction to Psychology and Law: Civil and Criminal Applications

2. What is Forensic Psychology? Broad Definition Forensic Psychology (Intersection between law and psychology) Clinical (Trained as practitioners and researchers) Non-clinical/experimental (Trained as researchers)

3. Defining Forensic Psychology Forensic psychologyis the practice of psychology (defined to include research as well as direct and indirect service delivery and consultation) within or in conjunction with either or both sides of the legal system—criminal and civil.

4. History of Forensic Psychology

5. History of Forensic Psychology

6. History of Forensic Psychology

7. What do forensic psychologists do? Criminal forensic evaluations (e.g., fitness to stand trial, criminal responsibility, violence risk) Civil forensic evaluations (e.g., child custody, personal injury) Treatment of offenders Research on legal issues such as eyewitness testimony, jury decision making, impact of pretrial publicity, fitness to stand trial, causes of violence.

8. Roles of Forensic Psychologists • Varied roles in research and practice • Criminal and civil evaluation & expert testimony • Assessment, treatment, & consultation of risk • Specialized treatment in legal system • Policy consultation to lawmakers • Consultation & training to law enforcement, justice, & correctional systems • Consultation & training to mental health systems • Analysis of issues (human performance, product liability, safety) • Court-appointed monitoring • Mediation & conflict resolution • Psychology-law related policy & program development • Training & supervision of students ABFP (2007) http://www.abfp.com/brochure.asp

9. Murder Rate in Vancouver Is violence, particularly murder, on the rise? How many murders in Lower Mainland last year? How many murders in Vancouver?

10. The Most Dangerous Cities in Canada: Murder rate2009 Maclean’s National Crime Rankings

11. Interesting websites www.crimelibrary.comInformation on notorious criminal cases. You can read about the background of the perpetrators, their victims and the court proceedings. For example, the cases of Karla Homolka and Paul Bernardo, Ted Bundy, and JonBenet Ramsey are described. www.all-about-forensic-psychology.comThis is a somewhat similar site that can be useful for someone who is interested in forensic psychology. What does the subject encompass? What is its history? How is an offender profile made? What factors increase the risk of a false confession? crimepsychblog.comThis site is like a clipboard where researchers and professionals in the field can post their announcements of new research articles, guidelines, legislation and landmark cases. It is a good source for students who want to get an idea of what forensic psychology is all about. www.innocenceproject.orgThe first Innocence Project was started at Yeshiva University in New York. Wrongful convictions have shown that serious flaws have caused our criminal justice systems to convict scores of innocent people. The Innocence Project has identified seven policy areas where targeted reforms can help prevent future wrongful convictions. This interesting site gives examples of people who have been exonerated as a consequence of these types of innocence projects, and what actions are to be taken to prevent as much as possible future miscarriages of justice.

12. Associations & Publications Many professional groups in North America and Worldwide: • American Psychology-Law Society (conference in Miami, March 2-5, 2011) • International Association of Forensic Mental Health (conference in Barcelona, June 29-July 1, 2011) • European Association of Psychology and Law • Australian & New Zealand Association for Psychiatry, Psychology and the Law

13. Associations & Publications Many Journals • Law and Human Behavior • Criminal Behaviour and Mental Health • Behavioral Sciences & the Law • Psychology, Public Policy, and the Law • Legal and Criminological Psychology

14. Training in Forensic Psychology Graduate Programs Programs in U.S., Canada, Europe, Australia, and elsewhere worldwide • Many training options: • PhD:training in research and practice • PsyD:emphasis on practice • Joint Degrees (JD/PhD): training in research and practice combined with legal degree • Grad programs with specialized training vary in approach and are very competitive

15. Saks on law’s view of social science Michael Saks, trained in law and social psychology, said: The law and its practitioners are careful, thoughtful, and rigorous about many things, but those things do not include the nature of social and behavioral phenomena, cause and effect relationships, or the effects of the interventions made by the law.

16. Bersoff on psychology/law relationship It is relatively clear . . . that the relationship between . . . psychologists and the courts is less than perfect. In fact, if that relationship were to be examined by a Freudian, the analyst would no doubt conclude that it is a highly neurotic, conflict-ridden ambivalent affair (I stress affair because it is certainly no marriage). (Bersoff, 1986, p. 155)

17. Overview of the Law • Sources of Law • Court Systems • The Court Process

18. How do you define law? • A body of rules for the guidance of human conduct which are imposed upon and enforced among the members of a given state. • As stated, this seems straightforward--If individuals violate a rule, then they would get the prescribed punishment. • Complicating factors to consider: • judges' decisions in the same type of cases may vary considerably • minorities may get different treatment than others • wealthy people may fare better than poor ones • eyewitnesses may not always be accurate • courts are overcrowded and dockets full; trials don't usually take place.

19. Adversarial System We have an adversarial system of justice. Opposing parties present contradictory information. Outcome determined by judge or jury. • What are the implications of adhering to an adversarial model? • What alternatives exist?

20. Inquisitorial Model Used in Western Europe and Latin America. • The judge hears witnesses and suspects and orders searches for other investigations. • The goal is not the prosecution of a certain person, but the finding of truth, and as such the duty is to look both for incriminating and exculpating evidence. • Judges charged with the task of finding the truth at all costs as compared to judges in the adversarial system who are largely constrained from obtaining the truth by ponderous rules and procedures which preclude their immediate involvement.

21. First Nations Sentencing Circles • The sentencing circle is a method of dealing with members of the community that have broken the law. • Takes place after the individual has been in the western justice system and found guilty or if the accused has accepted guilt and is willing to assume his or her responsibility. • Encourages the offender and the community to accept responsibility and acknowledges the harm they have done to society and to victims. • Shift the process of sentencing from punishment to rehabilitation and responsibility; provides alternative for courts to incarceration. • Start the healing process for both the offender and the victim. The offender is presented with the impact of their actions in front of respected community members, elders, peers, family, the victim and their family, stimulating an opportunity for real change.

22. Mental Health Courts Essentially a diversion program for persons who: • have a serious mental health problem/mental illness; • have been charged with committing a low risk offense; • accept mental health diversion • are approved for diversion by the provincial Crown Attorney.

23. Section 91 Federal heads of power Includes enacting criminal law and criminal procedure Section 92 Provincial heads of power Includes enforcement of criminal law and prosecution of criminal offences as well as most civil law Division of Powers

24. Sources of Law • Case law • Statutes • Parliament • Royal prerogative • Charter of Rights and Freedoms

25. Common Law • British Common law, also called traditional law, is law that has evolved from decisions of English courts going back to the Norman Conquest in 1066. • These earlier decisions set "precedents," which are used in future cases of a similar nature. Precedents can be overruled by new laws, or statutes, passed by the appropriate government. • Common law is the source of the principle stare decisis which means "let the decision stand" or "to stand by decided matters". It is based on the principle that like cases must be decided alike.

26. Canadian Charter of Rights and Freedoms Came into effect in 1982 (spearheaded by Pierre Trudeau). Established increased role of judicial review in protecting rights. • freedom of expression • the right to a democratic government • the right to live and to seek employment anywhere in Canada • legal rights of persons accused of crimes • Aboriginal peoples' rights • the right to equality, including the equality of men and women • the right to use either of Canada's official languages • the right of French and English linguistic minorities to an education in their language • the protection of Canada's multicultural heritage • Arrest rights; cruel and unusual punishment

27. Was a Charter Right Infringed? The Charter of Rights and Freedoms guarentees the rights and freedoms set out in it are subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. s. 1 If, having regard to all the circumstances, the admission of it in the proceeding would Bring the administration of justice into disrepute s. 24(2)

28. Federal Court System Supreme Court of Canada Canada's highest court. It is the final general court of appeal, the last judicial resort for all litigants, whether individuals or governments. Federal Court of Appeal Appeals from the Federal Court are heard by the Federal Court of Appeal. The Federal Court and Federal Court of Appeal also review decisions, orders and other administrative actions of federal boards, commissions and tribunals. Federal Court of Canada The Federal Court is Canada's national trial court. It hears and decides legal disputes arising in the federal domain, including claims against the Government of Canada, civil suits in federally regulated areas and challenges to the decisions of federal tribunals. Court Martial Appeal Court of Canada This Court hears appeals from military courts which are known as courts martial. The courts martial have power to try military personnel, and civilians accompanying such personnel abroad, for crimes and offences against the Code of Service Discipline. Tax Court of Canada The Tax Court of Canada is a superior court to which individuals and companies may appeal to settle disagreements with the Government of Canada on matters arising under legislation over which the Court has exclusive original jurisdiction. Most of the appeals made to the Court relate to income tax, the goods and services tax or employment insurance.

29. Provincial Courts Trial Courts that hear • most criminal cases, • about half of the family related trials, • virtually all youth cases, • all small claims actions • Jury trials are not available • Usually no preliminary inquiry • Judges are appointed by the province • Decisions are not binding

30. Provincial Superior Court Trial courts that hear • some criminal cases • some civil cases • grant divorces • some appeals from Provincial Courts May be heard before a judge or judge and jury Binding on Provincial Courts in that province

31. Provincial Court of Appeal • Appeal court only • Panels of 3 judges • Appeal a verdict or a sentence • Federally appointed judges • Binding on Provincial courts and Provincial superior courts

32. Elements of a crime 1. Actus Reus: the physical element of a crime. Example: assault is defined as "without the consent of another person....he applies force intentionally to the person of the other, directly or indirectly." The actus reus consists of 1) applying force to another person and 2) without the other person's consent. 2. Mens Rea: the mental element of a crime. • Intention, knowledge, recklessness • NCRMD

33. Criminal Offences

34. Plea Bargain • Charge bargaining, which involves promises concerning the nature of the charges to be laid • Sentence bargaining, which involves promises relating to the ultimate sentence that may be meted out by the court • Fact bargaining, which involves promises concerning the facts that the Crown may bring to the attention of the trial judge Estimated that 90% of cased resolved through plea bargain rather than trial.

35. The Court Process: Criminal Issues • Defendant charged in name of people for violating criminal law • Presumption of innocence • Prosecution bears burden of proof (beyond a reasonable doubt) • Penalties serious and proportional • Defendants afforded rights

36. The Court Process: Civil Issues • Two or more parties (plaintiff & defendant) • One party alleges violation of a statute/provision of common law • Standard of proof is on a balance of probabilities • Fewer rights for parties

37. Conflicts Between Ψ and Law

38. Conflicts Between Ψ and Law (cont’d)

39. Progression through Criminal Justice System

40. Haney’s Taxonomy (1980) Psychology IN law • “explicit and conventional use of psychology by lawyers in the legal process” (p. 158) • Most common role of psychologists, though role is often passive • Examples: psychological testimony on legal issues (e.g., insanity defense or fitness to stand trial)

41. Haney’s Taxonomy (1980) (cont’d) Psychology AND law • Use of “psychological principles to analyze and examine the legal system” • Research often follows from relationship, examines assumptions law makes about behavior • Role of psychologist autonomous • Examples: Research on eyewitness accuracy, false confessions

42. Haney’s Taxonomy (1980) (cont’d) Psychology OF law • Psychologists study issues such as why people need and obey the law • Role of psychologist autonomous • Two categories of examination: • Origins/existence of law and the psychological function it serves • How laws operate as a determinant of behavior