Deck 2: Adult Forensic Consultation

Question 1

A forensic consultant conducting a mitigation evaluation must include only information supportive of a lesser sentence or reduced culpability in order to fulfill their ethical obli- gation to protect the defendant from potentially harmful effects from the evaluation.

Answer 1

False

Question 2

Expert testimony does not influence the jury's verdict.

Answer 2

False

Question 3

Discuss the Frye and Daubert standards and how they might affect the admissibility of psychological evidence.

Answer 3

According to the ruling from Daubert judges may consider the following factors when determining whether scientific evidence is admissible: 1)Has the technique been tested in actual field conditions? 2)Has the technique been subject to peer review and publication? 3)What is the known or potential rate of error? 4)Do standards exist for control of the technique's operation? 5)Has the technique been generally accepted within the relevant scientific community? In the Frye ruling it was held that techniques should be generally accepted by the corresponding scientific community.These standards may affect the admissibility of psychological evidence in many ways.For example methodologies and techniques used in social sciences such as psychology may be less apt to meet the criteria for Daubert particularly criteria 1 and 2 than other sciences.Additionally the general acceptance standard contained in both decisions may be difficult to prove or meet with psychological evidence as there is frequent controversy regarding the appropriate appli- cation of psychological techniques and what constitutes "general acceptance" is subjective and left open to interpretation.

Question 4

A psychologist is automatically qualified as an expert witness on the basis of his/her training and education.

Question 5

Pretrial publicity has been found to have no effect on jurors.

Question 6

The 2002 Supreme Court case Penry v.Lynaugh resulted in the mentally retarded being exempt from the death penalty.

Question 7

Do you believe that psychologists should be allowed to testify regarding the ultimate issue? Why or why not?

Question 8

Discuss your views about the CSI effect hypothesis presented in this chapter.Do you believe that jurors expect too much from forensic science?

Question 9

Discuss the use of strict cutoff scores in the evaluation of mental retardation for capital cases.Are you in favor of them or not? Debate your position.