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Psychology in Court

Psychology in Court. Chapter 14. A Brief History. Cattell (1895) Questions about everyday observations and the nature of testimony Binet (1900) Suggestibility in children Stern (1910) The eyewitness ‘reality experiment’. Psychologists in Court. Von Schrenck-Notzing (1896)

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Psychology in Court

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  1. Psychology in Court Chapter 14

  2. A Brief History • Cattell (1895) • Questions about everyday observations and the nature of testimony • Binet (1900) • Suggestibility in children • Stern (1910) • The eyewitness ‘reality experiment’

  3. Psychologists in Court • Von Schrenck-Notzing (1896) • First forensic psychologist in literal form • German expert witness in serial sexual murder case • Extensive pre-trial press coverage • Retroactive memory falsification • What was seen versus what was heard

  4. Forensic Psychology in North America • Munsterberg (1908) • On the Witness Stand • Psychology and the legal system • Resistance from legal scholars • Pushed psychology into legal arena • Father of forensic psychology

  5. Forensic Psychology in North America • Legal cases in U.S. address admissibility of ‘expert testimony’ • Influence of Jenkins v. United States (1962) • Dealt with whether psychologists should be allowed to provide expert testimony on issues of mental illness • U.S. Supreme Court decided that some psychologists are qualified to provide such testimony

  6. U.S. Decisions Regulate Scientific Expertise • Frye v. United States • Standard of general acceptance of scientific principle or discovery • Daubert v. Merrell Dow Pharmaceuticals • Set out new rules to consider in evaluating novel scientific evidence • Emphasis on the validity of the science behind the testimony • Experts should back up what they say by citing and explaining relevant findings • Big problems for psychology and psychiatry

  7. Admissibility of Expert Testimony • Daubert Criteria • Be provided by a qualified person • Be relevant • Be reliable • Peer reviewed • Testable • Recognized rate of error • Meet professional standards

  8. Seeking to Introduce “novel” expert evidence Father accused of sexually assaulting his two children Defense attempted to introduce a psychiatrist who would give the opinion that the accused did not possess deviant personality traits Based his opinion on a PPG Judge excluded evidence (no standard profile established; necessity & relevance criteria not met)

  9. WHY???????????? Court found technique generally recognized by scientific community as a therapeutic tool but first time as a forensic tool (novel purpose) Closeness of opinion to issue – if evidence accepted, it would exclude accused from group of potential offenders Relevant & necessary – tests not reliable nor applicable (<50% dectected) Cost benefit – evidence offered as many problems as it did solutions

  10. ANOTHER EXAMPLE • Quantitative analysis of QEEG • Novel scientific technique not established as reliable • Not meeting threshold test of reliability

  11. WHAT HAPPENED? Expert had international reputation Published articles Opinion previously accepted by another Alberta trial judge in 1998 BUT: expert didn’t know if anyone else in Canada used QEEGs No scientific standard existed – different computer programs & techniques Rejected evidence on reliability factor

  12. Scientific and Specialized Witnesses • Expert witness: unbiased, not an advocate • Two primary functions: • Provide an opinion • Educator to judge and jury • What qualifies a person as an expert witness? • Training • Experience • Testimony must be deemed RELIABLE and helpful

  13. Topics for Psychologists as Expert Witness • Sentencing and rehabilitation • Eyewitness identification • Child custody • Social issues (spouse abuse) • Psychological evaluations

  14. Roles of the Psychologist • Clinical Role • Assessment of offenders • Unbiased reports • Prediction and reduction of future dangerousness • Interventions designed to rehabilitate criminal offenders • Working with police and victims

  15. Roles of the Psychologist • Experimental Role • Most often based in social, personality, cognitive or developmental areas • Jury decision making • Eyewitness identification • Impact of expert witness • Role of children in the courtroom

  16. Roles of the Psychologist • Advisory Role • Advising lawyers about psychological evidence of other experts • “destructive” role

  17. Roles of the Psychologist • Actuarial Role • Applying statistical probabilities to behaviours and events

  18. Psychology and Criminal Law • Pre-trial • Fitness & NCRMD (mostly a psychiatrist’s domain) • Trial • Actus reus (the guilty act) • Mens rea (intent to commit the act) • Pre-sentence • Mitigation • Treatment • Risk assessment

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