Term
| Why is it difficult to define FBS? |
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Definition
| Because there are diffirent and conflicting goals, traditions, and methods |
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Term
| What is the broad definition of FBS? |
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Definition
| Any application of FBS to any legal issue |
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Term
| What is the narrow definition of FBS? |
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Definition
| Also known as applied FBS, it is the application of (mostly) clinical FBS to legal issues |
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Term
| What is the significance of the Brandeis brief and Muller v. Oregon? |
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Definition
| It was the first case that allowed non-legal information into a trial to assist in a legal decision. The Brandeis brief made it so women couldn't be made to work more than a certain amount, basing this on biological principles such as women not being "constructed" to be on their feet more than 8 hours, etc. |
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Term
| What is the significance of Brown v. Board of Education? |
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Definition
| It presented the "doll study" by Kenneth Clark, which showed that both black and white children prefferred a blonde haired, blue eyed doll to a black one. It demonstrated that the segregation in schools was affecting the children by making them unconsciosly believe that white people were better, since they had the better schools. |
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Term
| What are the general type of roles FBS can play in the law? |
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Definition
| Psychological evaluation, expert testimony, risk assessment, policy consultation, mediation, and training/supervising students |
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Term
| What are the four sources of law? |
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Definition
-U.S. Constitution
-Statutes
-Administrative rules and regulations
-Common law |
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Term
| What are the four levels of the court system? |
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Definition
-courts of limited jurisdiction
-courts of general jurisdiction
-intermediate appellate courts
-courts of last resort (i.e., Supreme Courts) |
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Term
| What are the different standards of proof in criminal and civil cases? |
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Definition
Criminal: beyond a reasonable doubt
Civil: preponderance of evidence |
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Term
| What are the difference of roles between judges and juries? |
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Definition
Judges: Master of law, trier of law, can be trier of fact
Jury: someone older than 18, no felony convictions, lay people |
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Term
| What are the differences between the adversarial and inquisitorial systems? |
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Definition
Adversarial: Judge is an impartial referee between opposing parties
Inquisitorial: Judge plays an active role |
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Term
| What are the meanings of these legal concepts: conservative, adversarial, prescriptive, ideographic, reactive, and free will |
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Definition
Conservative: tending or disposed to maintain existing views, conditions, or institutions; traditional
Adversarial: going against, opposing
Prescriptive: Of or relating to the imposition or enforcement of a rule or method.
Ideographic: Concerned with individuals, not groups
Reactive: Responding to stimulus
Free will: having the ability to choose one's actions |
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Term
| Define these FBS terms: innovative, empirical, objective, descriptive, nomothetic, probabilistic, and deterministic |
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Definition
Innovative: using new methods or ideas
Empirical: based on observation or experience
Objective: Not influenced by prejudice or emotions
Descriptive: Involving description
Nomothetic: Involving abstract, general, or universal statements or laws
Probabilistic: based on probability
Deterministic: being determined by preceding events |
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Term
| What are the three elements of Haney's taxonomy? |
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Definition
| Psychology IN law, psychology OF law, and psychology AND law |
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Term
| What's the difference between PhDs and PsyDs? |
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Definition
PhD: training in research and practice
PsyD: emphasis on practice |
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Term
| What is meant by the "Competency Doctrine?" |
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Definition
| Allows postponement of proceedings if the defendant is unable to participate in defense on account of mental defect or disease |
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Term
| What is the rationale for the competency doctrine? |
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Definition
| Right to assist counsel, confront accusers, and testify on own behalf are rights guaranteed by the Constitution, and a mentally impaired person is not able to perform these acts, so it is not fair that they be forced to trial. |
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Term
| What is adjudicative competence? |
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Definition
| Umbrella term that encompasses all types of criminal competencies |
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Term
| Describe these types of competences: Stand Trial, Waive Miranda, Waive Counsel, Sentencing and Execution |
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Definition
Stand Trial: concerned with the defendant's mental state during trial, and his or her ability to understand the proceedings and assist in his or her own defense
Waive Miranda: mental state during interrogation and intelligently and willingly waive their right to silence and an attorney
Waive counsel: intelligently and knowingly waive the right to an attorney and represent themselves in court
Sentencing and Execution: defendant's ability to understand sentencing and the sentence itself |
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Term
| What are the legal standards of competency according to Dusky v. US, Godinez v. Moran, and Indiana v. Edwards? |
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Definition
Dusky: the defendant must understand nature and object of proceedings, appreciate personal importance role in proceedings, and communicate rationally with defense attorney.
Godinez: created one standard for various competencies and determined that competency to stand trial included competency to plead guilty
Indiana: competency to represent oneself is a higher standard than that needed to stand trial |
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Term
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Definition
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Term
| What happens (generally) when a defendant is found incompetent to stand trial? |
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Definition
| They are sent to a psychological or forensic hospital and if competency were restored, they are tried. If it cannot be restored, the charges are dropped and the person may be civilly committed |
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Term
| What mental state is competency concerned with? |
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Definition
| The defendant's CURRENT mental state |
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Term
| What is the significance of Sell v. US? |
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Definition
| Allowed medication to be administered to defendant against their will |
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Term
| What are the factors that must be considered before a defendant can be forcibly medicated in order to restore competency? |
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Definition
-Important government interest must exist
-Must be likely to restore competence w/o problematic side effects
-Only to be used when less intrusive method are not feasible
- Only if medically appropriate |
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Term
| With what mental state is insanity (criminal responsibility) concerned? |
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Definition
| Defendant's mental state at the time of the alleged offense |
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Term
| Define actus reus and mens rea |
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Definition
-actus reus: physical act of the crime
-mens rea: intent to commit crime |
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Term
| What are the requirements that must be met in the McNaughton Standard of insanity? |
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Definition
1) Defendant suffers from a disease of the mind
2) Does not understand nature & quality of actions
3) Does not know actions were wrong |
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Term
| What are the requirements that must be met in the American Law Institute (ALI) Standard of insanit? |
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Definition
| Brawner rule: has a volitional (inability to control behavior) and a cognitive (lacks appreciation for the crime) component |
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Term
| What are the requirements that must be met in the Insanity Defense Reform Act Standard of insanity? |
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Definition
| Slightly more restrictive than McNaughten, it only has a cognitive component and does not have a volitional one |
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Term
| What is the variable that best predicts the length of time a person who is found NGRI will spend in hospital? |
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Definition
| Seriousness of the offense |
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