Term
| Conservatorship (a part of civil forensic psych) |
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Definition
| Means that the clients are not allowed to make important decisions for themselves |
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Term
| Probate convervatorships (a part of civil forensic psych) |
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Definition
someone else makes financial decisions for clients
(usually for patients who have schizo, alzheimers, dementia) |
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Term
| Civil forensic psych also includes... (besides conservatorship and probate conservatorship). |
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Definition
Parental competence, and termination of parental rights
-workers comp,
-emotional distress following some kind of accident (court has to place monetary value for psych stress, in order to understand extent of injury)
-this is where the $ is at |
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Term
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Definition
| assisting criminal court system in answering psychological legal questions |
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Term
| What needs to be measured in Criminal Forensic Psych (in the client) |
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Definition
-competency to stand trial (do they understand what they are being charged with, can they work with a lawyer?)
-Insanity (what was the mental state when crime was committed?voices, delusions?)
-Dangerousness,(if released, what is their risk of violence in the community)
-D |
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Term
| With Criminal Forensic Psych there is a clear distinction between _______? |
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Definition
Treatment and evaluation
(treatment= therapy, patients come to talk)
(evaluatoin= you are strictly there to evaluate, there isnt a doctor-patient relationship) |
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Term
| Legal Forensic Psych (based off of what?) |
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Definition
Does the patient have the ability or capacity to refuse treatment?
-Professional Liability
-evaluate a colleague who provided substandard care to a patient who then committed suicide
- did they provide adequate care?
- If not there are liability issues? |
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Term
| LEGAL ISSUE-What is the specific psychological issue that you have been asked to answer? |
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Definition
What is the legal interest
Criminal forensic matters (competency, insanity, dangerousness)
Be very clear about the question you have been asked to answer, error can have dire consequences in due process in the trial
If answer with too much info that the defence did not want available thaen that would be violating the due process. |
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Term
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Definition
| jurisdiction that you are in. What is the legally defined term and criteria that should be used? Need to apply the proper standard. Each state decides what standard they use for insanity (CA is the same as federal) -Competency called the Dusky Standard |
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Term
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Definition
| what information do you need to arrive at an opinion and what is the info needed to answer that legal issue? |
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Term
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Definition
| explaining your opinion and your underlying reasoning. |
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Term
| 3000 B.C. there was an emphasis on _____ and ____. |
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Definition
| personal responsibility and intent |
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Term
| Ancient Hebrews were more concerned with the issue of ____ |
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Definition
| intent: what was the persons mindset when they comitted the crime (evil intentions) Established refugee cities that were made for persons charged with serious crimes that were accidental. Protection from society. |
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Term
| Greeks left legal matters to ___ ___. |
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Definition
| Privatelaw- buredend on the individual to resolve their own disputes without involving a third party. |
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Term
| Ancient Greeks: Plato-__________________ |
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Definition
| rational and irrational mind. rational soul distinguishes us from other animals. Acts committed with calculation should receive a harsher sanction (first degree murder). |
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Term
| Ancient Greeks: Aristotle focused on... |
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Definition
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Term
| Roman Law focused on ____ and_____ |
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Definition
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Term
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Definition
| if someone cannot care for themselves, then the state should provide treatment or care for them. |
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Term
| Roman law: the appropriate rememdy for murderer's family is to provide______ |
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Definition
| monetarycompensation (this is seen in civil cases (OJ Simpson) ) |
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Term
| Medieval Period: Roman Catholic |
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Definition
Looked to scriptures to guide in issues
-could the insane recieve the sacraments of the church
-divorce permitted if one partner insane?
-Priest continue if insane?
-How discern if insanity faked for divorce
-They did not use medical professionals as experts in resolution of such issues |
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Term
| Medieval period: England: Tests of legal _____ |
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Definition
Insanity.
Wild Beast Test (Bracton) person is so mentally impaired that they were acting like an animal.
Looking at modern day insanity, they incorporate someof their language from the wild beast test.
Did not rely on medical experts to answer these psychological legal questions (decided by king or one of his designees) |
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Term
| Modern period: 1507 Bishop of Bamberg |
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Definition
Advocated for the use of medical men/experts in order to answer the psych legal issues.
-The services of these medical men would be of utility to the court system (for murder or pretended pregnancy) |
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Term
| Modern Period: Rex v. Hatfield |
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Definition
injury to frontal lobe
became aggressive and had delusions
Had delusions about King George (attempted to assasinate him in response to delusions that the king was trying to kill him)
-Attorney recognized that the client was disturbed and said that his criminal conduct was likely the result of the condition, and he shouldnt be held responsible for his actions. |
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Term
| Modern period: 1843 Daniel M'Naghten |
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Definition
Thought Queen Victoria was trying to kill him by poisoning his water
-In his mind, its like a pre-emptive strike
-attempted to assasinate her, assidentally killed a cabinet member instead
-Brittish courts recognixed his illness and came up with the M'Naghten standard
-He was found to be not criminally responsible for his conduct
-criminal definition for legal insanity: so they are not punished for their actions in the same way that someone else is punished and sent to prison) |
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Term
Forensic Psychiatry in the U.S.
Responsibility for determining insanity was put in the hands of ________ |
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Definition
| civil officers (governor or mayor) not physicians. |
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Term
| Issac Ray- Moral Insanity |
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Definition
difficulty to handle moral behavior in order to dictate society, wanted institutions to rehabilitate and be more caring.
-to give treatment and rehab in a kinder and more caring environment. (what moral treatment consisted of) |
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Term
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Definition
suffered form delusions, Assasinated Pre. Garfield,
(Hinkley was found legally insane (unabomber) ---psychiatric state hospital, who tried to assasinate Reagan)
-courts did not agree
-found that he was not insane and he was executed for murder (hanged)
-public was outraged |
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Term
| Seymour Pollack (USC institute of Psychiatry and Law) |
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Definition
prominent psychologist
-heard feedback from judges who said that medical experts gave opinion without explaining rationale
-decided to begin a fellowship program (USC)
-said forensic psych is LIMITED to the application of psych to evaluations for legal purposes. But you dont have typical doctor patient relationships, youre not there to heal the patient. |
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Term
| Seymour Pollack (USC institute of Psychiatry and Law) |
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Definition
prominent psychologist
-heard feedback from judges who said that medical experts gave opinion without explaining rationale
-decided to begin a fellowship program (USC)
-said forensic psych is LIMITED to the application of psych to evaluations for legal purposes. But you dont have typical doctor patient relationships, youre not there to heal the patient.
-Opinions can be hurtful to the individual but that's not our concern, our job is to provide psychological legal opinion the consequences of that opinion are beyond our control (just for legal ends)
-should be ready to work for either side and should be objective and neutral |
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Term
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Definition
Disagreed with Pollack
-dont forget oath just because you are working with the courts
-otherwise you are being used to the laws benefit
-should not merely deliver a decision regardless of its negative consequences
-for LEGAL and MEDICAL ends
-only be prepared for one side (he'd only work for the defense)
-said it is impossible to be objective and nuetral it is human nature to be involved in the case emotionally.
-But if u can go and find that he's malingering and he actually is competent attorney can disregard and hide that report and that is allowed because his job is to provide a strong legal defense. |
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Term
Where did Pollack and Diamond agree?
(they were colleagues but had very diff views) |
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Definition
| the forensic expert should answer the ultimate issue. An opinion should be provided on the question they are there to answer. (should provide an opinion regarding the legal issue such as competeny or sanity) |
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Term
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Definition
earliest research on psychology of testimony
(grad students degree of confidence based on what they had just witnessed, found high rate of inaccuracy of eyewitness testimony) |
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Term
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Definition
Author of IQ test
Psychological experiement and applied them to the legal system
-developed an intellectual test called the Stanford-Binet IQ test |
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Term
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Definition
Witness recall
found high rate of inaccuracy of witness recall
-especially during emotional events (recall was exceptionally low) |
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Term
| Hugo Munsterberg: On the witness stand (1908) |
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Definition
Book
Advocated for use of psychiatry in the legal system. |
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Term
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Definition
@ Stanford
psychology of law enforcement
Ternman and Binet were authors of IQ test
-Used the IQ test primarily for ppl who wanted to become police officers and an MMPI |
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Term
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Definition
found correlation between blood pressure and lying
-Student of musterberg
-led to discovery of olygraph (lie detector) test
-Testified in Frye v. S
-created wonder woman |
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Term
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Definition
found correlation between blood pressure and lying
-Student of musterberg
-led to discovery of olygraph (lie detector) test
-Testified in Frye v. S
-created wonder woman |
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Term
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Definition
Clinical Psych comes into existence
PPL vs. Hawthorne (disagreement for qualifications for someone to testify as an expert witness. The standard was the extent of knowlege that one has on the subject matter. Not on whether a person has a medical degree. |
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Term
| Effect of Brown vs. Board of Education |
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Definition
Psychologicial Damaging effect of segregation
-psychological testimony was part of decision process. (first time psych research was referenced in a US supreme court decison) |
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Term
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Definition
you donts need an MD
-see all sorts of professions testifying in courts including psychologist
-MDs didnt like the infringement, allowed for the testimony of psychologist, expert witnesses can be psycholigist w.o. M.D. |
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Term
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Definition
| recognized forensic psych as a specialization within psychology. |
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Term
| Role of Correctional Psychologist |
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Definition
-screening and ID of mentally ill inmates
-Evaluation and assessment with goal of arriving at an accurate diagnosis (interview and review of record)
-Developing individualized treatment plan and providing individual and group therapy which reflect the treatment goals
-Discharge planing: inmates are linked to services in the community and have a lower re-arrest rate (housing medical help)
-Case management : least favorite aspect of job, denatal appt and mediate between inmates and deputy)
-crisis intervention (eg suicidal and homicidl inmates)
-Training correctional officers and custody staff (educating on mentally ill inmates)
-Release evals (suicidal, homicidal, grave disability)
-Research and Program Evaluation
***When mentally ill they go to a mental heatlth housing and have to be seen again before they are released. If not they wont be seen again by a psych unless they cause attention to thier prob. (LA county came up with questionair) |
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Term
| Role of Correctional Psychologist |
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Definition
-screening and ID of mentally ill inmates
-Evaluation and assessment with goal of arriving at an accurate diagnosis (interview and review of record)
-Developing individualized treatment plan and providing individual and group therapy which reflect the treatment goals
-Discharge planing: inmates are linked to services in the community and have a lower re-arrest rate (housing medical help)
-Case management : least favorite aspect of job, denatal appt and mediate between inmates and deputy)
-crisis intervention (eg suicidal and homicidl inmates)
-Training correctional officers and custody staff (educating on mentally ill inmates)
-Release evals (suicidal, homicidal, grave disability)
-Research and Program Evaluation
***When mentally ill they go to a mental heatlth housing and have to be seen again before they are released. If not they wont be seen again by a psych unless they cause attention to thier prob. (LA county came up with questionair) |
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Term
| Ethical Isses: Dual roles |
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Definition
| treater of evaluatior (treat a mental health therapy and evaluate being objective and neutral) psych has an obligation to stay out of the crime) |
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Term
| Ethical Issues: -Complicated Legal issues |
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Definition
| -Complicated Legal issues:psych ethical and legal responsibilities to report |
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Term
| Ethial Issues:-Confidentiality Parameters: |
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Definition
-Complicated Legal issues:psych ethical and legal responsibilities to report
-Confidentiality Parameters: explain to inmates why they are there and who the psychologist works for, nothing is completely confidential. See the inmate in the open with others around. |
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Term
| Ethial Issues:-Confidentiality Parameters: |
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Definition
-Complicated Legal issues:psych ethical and legal responsibilities to report
-Confidentiality Parameters: explain to inmates why they are there and who the psychologist works for, nothing is completely confidential. See the inmate in the open with others around. |
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Term
| Ethical Issues: Safety and security of the institution |
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Definition
| committment varies in institutions, report possible riots and bombs |
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Term
| Ethical Issues: Who is the client? |
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Definition
| There is a doctor/patient relationship and an obligation to the community, institution, society, court, and the inmantes. |
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Term
| Ethical Issues: Advocacy Role |
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Definition
| Try to stay out of legal matters because they arent a good idea because of manipulation. Dont engage inmate or inmates attorney. |
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