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Intro to Law and Psyc (Psyc 268)
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Lecture notes study book Forensic Psychology and Law of Ronald Roesch, Patricia A. Zapf, Stephen D. Hart - ISBN: 9780470570395 (Notes)
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Psychology 268- Intro to Law and Psychology TEXTBOOKChapter 1
A Brandeis Brief differs from expert testimony in 4 ways:
- It is often constitutional litigation
- the evidence is documentary as opposed to oral
- the author or authors of a Brandeis brief are not sworn witnesses
- the content of the brief is not subject to cross examination
Forensic psychologists take on many roles; they may be employed in a large
variety of settings.
Trial Consultant- an expert who works with attorneys in case strategy and witness
preparation
Expert Witness- a person who testifies in court based on speciality knowledge
regarding the case
Evaluator- Evaluation of criminal defendant’s litigation, dealing with mental health
in relation to the case, and evaluation of services/treatment. They evaluate whether
someone can stand in trial and criminal responsibility. Goes hand in hand with
expert witness
Treatment Provider- offers psychological treatment to those in need, and
psychological interventions
The Researcher- take on the role of researching on issues related to psych and law-
mental health and law, policy programs
The Academic- take on the role of academic teaching or training
The correctional psychologist- works in a correctional setting, working with
inmates and offenders, often engage in direct services such as evaluation and
treatment
It is necessary to be licensed as a psychologist whenever engaging in the practice
in the practice of psychology. So an evaluator, treatment provider, or expert
witness
,Ethical Issues
Evaluator/treatment provider/witness In a forensic context, the psychologist
must stay neutral and maintain their objectivity. Their duty is to help the court
come to a decision, so they can’t hide evidence supporting the other side.
Researcher must report data honestly, adhere to ethical guidelines regarding
research, obtain consent, report the risks of the research
Trial consultant must practise within bounds of competence, don’t guarantee
results of trail, honestly report research data
Correctional workers confidentiality, informed consent, competence, identity of
client
Multiple Roles- psychologists must be cautious when taking on multiple roles such
as a researcher, clinical supervisor and treatment provider. A psychologist
clinically supervising/researching should not provide treatment to those same
students. Psychologist must be aware of the power difference that occurs in certain
situations.
Confidentiality- an ethical principle that requires psychologists to not disclose info
about a client. During regular practice, confidentiality is only broken if client or
someone else is at harm. But in a forensic setting, the people in the process of
litigation must be told the info (a psychologist evaluating the defendant)
Chapter 2
Legal Systems
Inquisitorial Legal System- the law is codified, judges play an active role in the
proceedings, experts are called by the court, and the lawyers role is to assist the
court
Adversarial Legal System- represents 2 sides- the defence representing the accused
versus the prosecution representing the people – the judge/jury attempt to
determine the truth and acts as the final arbitrator.
Jurisdiction over criminal law resides with the federal government. While
jurisdiction over prosecuting and enforcing criminal law (police, provincial
corrections) and most areas of civil law (personal injury, mental health) are in
provincial jurisdiction
, Sources of Law
The Canadian Charter of Rights and Freedoms- is the supreme law of Canada and
generally cannot be overridden by statue or common law. Can only be overridden
when an infringement can be demonstrated
Legislation- Much of our law is written in legislation (even though Canada is a
common-law country). Most legislation cannot be applied without further
interpretation, but its main purpose is to provide a guideline for judges to use and
further allow a decision
Common Law- Law that derives from previously decided cases. These laws are
generally not written in legislation, and can be found in previously decided cases
Administrative Law- Federal/provincial governments may delegate power to
administrative tribunals to interpret and enforce laws. They deal with allegations of
breaches of human rights, employment standards, immigration, parole, mental
health issues.
Canadian Court Structure
Stare Decisis- a term meaning “let the decision stand”. States that judges are bound
to decide like cases alike
Provincial Courts- Are trial courts decided over by provincially appointed judges
only. They hear most criminal cases, some family cases, almost all youth cases,
and civil cases that involve small amounts of money. There is no option to be tried
by a jury.
Provincial Supreme Courts- Are trial courts presided over by federally appointed
justices. They hear some criminal/civil cases, applications for divorce, and appeals
from provincial courts on matters of small claim. An accused person may choose
between judge or a judge and jury if they may be subjected to a prison sentence.
Provincial Courts of Appeal- They hear civil and criminal appeals only. Generally,
evidence that is not presented during the trial cannot be presented during the
appeal. There are federally appointed judges, a panel of 3-5, and the final decision
is majority rules. The Crown can appeal an acquittal on question of law, and the
accused may appeal a conviction on law/fact or mixed.
Supreme Court of Canada- Appeals to the Supreme Court must have been heard in
the Provincial Court of Appeal first. Parties wishing to appeal to the SC must apply
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