, Chapter 1
Psychology and the Law: Choices and Roles
Questions for Class Discussion and/or Essay Examinations
1. As noted in Chapter 1, laws need to be developed and modified to keep up with the rapid
changes in our lives and in society. Laws must also always take into consideration both
individual rights and public safety. Discuss Edward Rosenheimer’s case and the court
process and decision that followed. What are some recent developments in technology and
society, which are in need of regulation and/or have resulted in the development of new
laws? (The Importance of Laws)
2. How does the psychological approach to the study of the law differ from the sociological
approach? (The Psychological Study of Law)
3. Explain Kurt Lewin’s position on behavior. In your explanation, use an example that
pertains to the legal system. (The Psychological Study of Law)
4. Provide examples of the types of tasks that a forensic psychologist might do. (The
Psychological Study of Law)
5. Chapter 1 presents four basic choices in the psychological study of the law. What are these
four basic choices? Describe the dilemma that each choice presents. (Basic Choices in the
Psychological Study of the Law)
6. What does it mean to say that the rights of the individual and the rights of the common
good are in conflict? Give an example. (Basic Choices in the Psychological Study of the
Law)
7. Contrast the crime control model and the due process model. (Basic Choices in the
Psychological Study of the Law)
8. Discuss the maxim: “it is better that ten guilty persons shall go free than that one innocent
person should suffer” in relation to the due process model of the criminal justice system.
(Basic Choices in the Psychological Study of the Law)
9. Describe what the principle of equality means within the legal system. How does profiling
violate that principle? (Basic Choices in the Psychological Study of the Law)
10. Discuss and provide different examples of the ways the principle of equality may be
violated (e.g., discrepant treatment under the law based on financial or social status, race
or ethnicity, gender, age, etc.). (Basic Choices in the Psychological Study of the Law)
1
,11. Define profiling. Describe the evidence presented in Chapter 1 that suggests that profiling
occurs. (Basic Choices in the Psychological Study of the Law)
12. What is the principle of proportionality? (Basic Choices in the Psychological Study of the
Law)
13. Why is discretion in the application of the law important? What are some problems that
can emerge when discretion is used? (Basic Choices in the Psychological Study of the
Law)
14. How do different players in the legal system (i.e., police officers, prosecutors, juries and
judges) exercise discretion? (Basic Choices in the Psychological Study of the Law)
15. Describe the case of Troy Davis. Define clemency, and indicate how this concept is
relevant to Davis. (Basic Choices in the Psychological Study of the Law)
16. Review different cases in which clemency was granted. (Basic Choices in the
Psychological Study of the Law)
17. Discuss the issue of sentencing disparity and race. What is an explanation for this
disparity? (Basic Choices in the Psychological Study of the Law)
18. What is the relationship between sentencing disparity and determinate sentencing? (Basic
Choices in the Psychological Study of the Law)
19. Describe an important component of procedural justice. (Basic Choices in the
Psychological Study of the Law)
20. How do the state and the defendant benefit from plea bargaining? (Basic Choices in the
Psychological Study of the Law)
21. Discuss the concept of plea bargaining and the related conflict between seeking efficiency
and finding the truth. (Basic Choices in the Psychological Study of the Law)
22. What procedure does the civil system use to resolve most of its conflicts? Describe this
procedure. (Basic Choices in the Psychological Study of the Law)
23. Discuss amicus curiae briefs and provide examples of cases in which they have played a
role. (Basic Choices in the Psychological Study of the Law)
24. Contrast psychology and the law regarding the basis they use for forming opinions. Discuss
examples of how the law requires absolute or “either-or” decisions and psychology relies
on and provides answers in terms of probabilities (Basic Choices in the Psychological
Study of the Law).
2
, 25. Describe the history of Supreme Court decisions on segregation and desegregation, from
Plessy v. Ferguson (1896) on to Brown v. Board of Education (1954). Discuss this process
with regard to stare decisis. (Basic Choices in the Psychological Study of the Law)
26. What does it mean to say that the law deals with absolutes, while psychology deals with
probabilities? Provide examples with your answer. (Basic Choices in the Psychological
Study of the Law)
27. Name and describe five roles that psychologists may play in the legal system.
(Psychologists' Roles in the Law)
28. Discuss the ethical standards of conduct for psychologists who work within the legal
system (i.e., differentiate between the five roles that psychologists can play).
(Psychologists' Roles in the Law)
29. Describe the Tarasoff case. (Psychologists' Roles in the Law)
30. What is an expert witness? Who decides whether or not an expert witness testifies at a trial,
and what is the basis of that decision? (Psychologists' Roles in the Law)
31. Discuss different examples of what psychologists might do as expert witnesses.
(Psychologists' Roles in the Law)
32. The Daubert decision listed four factors that should be considered in assessing the validity
and subsequent admissibility of an expert’s testimony. Name these factors. (Psychologists'
Roles in the Law)
33. Discuss the role of policy evaluator. Provide examples of the kinds of issues and questions
they address and the ethical dilemmas involved. (Psychologists' Roles in the Law)
34. What are the two different ways that mental health professionals can become involved in
litigation as a forensic evaluator? (Psychologists' Roles in the Law)
35. Review common ethical violations committed by forensic psychologists.
Compare these violations and their treatment by the Ethical Principles of Psychologists and
Code of Conduct (EPPCC), the Specialty Guidelines for Forensic Psychologists, and the
Guidelines for Child Custody Evaluations in Divorce Proceedings. (Psychologists' Roles in
the Law)
36. What kinds of activities does a trial consultant do? Discuss the differences between the
roles of forensic evaluator and trial consultant. (Psychologists' Roles in the Law)
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