Deck 1: Psychology and the Law: Choices and Roles

Question 1

Most of the Supreme Court decisions that provided more explicit rights for suspects and defendants occurred during the

A)1950s.
B)1960s.
C)1970s.
D)1980s.

Answer 1

1960s.

Question 2

Which of the following would be an activity that a forensic psychologist would most likely do?

A)Evaluate whether a defendant was sane at the time the crime was committed
B)Determine if the DNA from the defendant matches the DNA collected at the crime scene
C)Investigate the role that social class plays in criminal behavior
D)Conduct a mock trial

Answer 2

Evaluate whether a defendant was sane at the time the crime was committed

Question 3

In contrast to the crime control model, the due process model would subscribe to which of the following statements?

A)If the police are chasing a man, he must have committed a crime.
B)It is better for many guilty persons to go free than to convict one innocent person.
C)It is detrimental to society to require police to inform suspects of their Miranda rights.
D)The "three-strikes" law is in place to protect society from dangerous criminals.

Answer 3

It is better for many guilty persons to go free than to convict one innocent person.

Question 4

If a researcher is studying the role that social class plays in criminal behavior in a particular society, that researcher is most likely a (n)

A)psychologist.
B)sociologist.
C)anthropologist.
D)philosopher.

Question 5

Psychology assumes that individual characteristics affect how the legal system operates and in turn the legal system affects individual characteristics and behavior. Characteristics may include

A)individual abilities.
B)personal values.
C)experiences.
D)All of these are correct.

Question 6

Which of the following is a basic characteristic of the crime control model of the criminal justice system?

A)The system should present obstacles to the conviction of defendants.
B)The suspect is assumed to be innocent.
C)Emphasis in the courts should be for efficient detection and prosecution of criminals.
D)Greater control needs to be exerted over the police in their investigation of suspects.

Question 7

Most forensic psychologists are trained as

A)social psychologists.
B)clinical psychologists.
C)experimental psychologists.
D)lawyers.

Question 8

In more recent cases, the Supreme Court has ruled in favor of law enforcement as opposed to individuals suspected of breaking the law. For example, in Florence v. Board of Chosen Freeholders , the Court ruled that

A)police can stop a motorist whom they believe has violated traffic laws even if their ulterior motive is to investigate the possibility of drug dealing.
B)jail officials can strip search petty offenders even when there is no suspicion of carrying a weapon or contraband.
C)police no longer have to provide Miranda warnings in custodial situations if certain exceptions are met.
D)None of these are correct.

Question 9

According to Kurt Lewin, what influences the behavior of an individual in the legal system?

A)One's personal qualities
B)One's environment
C)Both A and B
D)What influences behavior can never be ascertained as behavior is too complex

Question 10

Due to the recession between 2007 and 2009, the federal and state budgets tightened, forcing reevaluation of "tough on crime policies" leading to alternative programs to reduce repeat offence. These alternatives have included

A)diversionary, community-based treatment programs.
B)educational and re-entry programs for inmates.
C)substance abuse and mental health treatment programs for inmates.
D)All of these are correct.

Question 11

The principle of equality is often at odds with the value of ______________ when it comes to implementing laws and punishing offenders.

A)proportionality
B)discretion
C)leniency
D)None of these are correct.

Question 12

The purpose of laws is to

A)ensure public safety.
B)deter vigilantes.
C)serve as a mechanism for conflict resolution.
D)All of these are correct.

Question 13

In 2017, a law known as the "show me your papers law" was passed in

A)Baltimore.
B)Florida.
C)Texas.
D)New York.

Question 14

The First Amendment to the U.S. Constitution protects freedom of speech including

A)fighting words.
B)perjury.
C)racially offensive speech.
D)obscenities.

Question 15

Edward Rosenheimer was charged with a hit-and-run accident, but he claimed that the law requiring him to report the accident to the police was unconstitutional because it forced him to incriminate himself, violating the U.S. Constitution's Fifth Amendment. This case eventually came before the New York Court of Appeals; what was this court's decision?

A)Rosenheimer was released from custody because the law forcing him to incriminate himself was said by this court to be unconstitutional.
B)Rosenheimer was released from custody because the Court of General Sessions in New York State said that the hit-and-run regulation should be removed from the books.
C)The New York Court of Appeals concluded that the right to avoid self-incrimination did not outweigh the right of injured persons to seek redress for their sufferings.
D)The New York Court of Appeals concluded that the right of injured persons to seek redress for their sufferings did not outweigh the right to avoid self-incrimination.

Question 16

Which amendment to the U.S. Constitution safeguards us against self-incrimination?

A)First
B)Fourth
C)Fifth
D)Sixth

Question 17

The United States is perhaps the most individualistic society where people can deviate from the norm or make their own choices to a greater degree. The two deeply desired values are.

A)two sets of rights and two sets of laws are in agreement.
B)freedom and personal autonomy.
C)freedom with limited legal implications.
D)None of these are correct.

Question 18

The United States has 4% of the world's population and ________ of its prisoners.

A)2%
B)5%
C)10%
D)22%

Question 19

A researcher who researches rape in different types of societies and its relationship to the amount of male dominance in these societies is concerned with which approach to the study of law?

A)Anthropological
B)Sociological
C)Philosophical
D)Psychological

Question 20

One might argue that the stop and frisk procedures used in New York City violate the principle of equality and rely on profiling, as 52% of stops between 2004 and 2012 were of __________________ and 31% were of __________________.

A)African Americans; Caucasians
B)Hispanics; Caucasians
C)African Americans; caucasians
D)African Americans; Hispanics

Question 21

What is a possible benefit of plea bargaining?

A)Reduced trial costs and expenses
B)Increased efficiency in the criminal justice system
C)Reduced sentences and sanctions for defendants
D)All of these are correct.

Question 22

Whereas lawyers are typically adversarial and engage in "either-or" thinking, psychologists are expected to be _______________ and think more in terms of ______________.

A)subjective; absolutes
B)subjective; probabilities
C)objective; absolutes
D)objective; probabilities

Question 23

Amicus curiae means

A)let the decision stand.
B)the sentence should be equivalent to the crime.
C)friend of the court.
D)the rights of defendants.

Question 24

The principle of proportionality reflects the idea that

A)there should be the same proportion of jurors sympathetic to the prosecution as to the defense.
B)the defendant's punishment should be related to the magnitude of the offense.
C)repeat offenders should receive extensive rehabilitation.
D)a defendant who commits a relatively minor crime should receive a harsh punishment if the defendant is a habitual offender.

Question 25

What percentage of defendants plea bargain?

A)10-25%
B)35-50%
C)60-75%
D)90-95%

Question 26

Which of the following practices most clearly violates the principle of equality?

A)Racial profiling
B)Proportionate sentencing
C)Determinate sentencing
D)None of these are correct.

Question 27

Which of the following does determinate sentencing accomplish?

A)Equality
B)Discretion
C)Individual rights
D)Sentencing disparity

Question 28

Two psychologists separately do research on whether pornography causes men to attack women. The first, Dr. A, is interested in testing his theory of arousal and its effects on aggressive behavior. He has no interest in reducing violence rates in the real world. In contrast, Dr. B does her research because she wants to reduce the number of incidents in which women are victims of violent men. Based on this information, which of the following statements is correct?

A)Both Drs. A and B are applied scientists.
B)Both Drs. A and B are basic scientists.
C)Dr. A is a basic scientist; Dr. B is an applied scientist.
D)Dr. A is an applied scientist; Dr. B is a basic scientist.

Question 29

Troy Davis was convicted of murdering a police officer and faced execution in Georgia. In an effort to save Davis, the Georgia Board of Pardons and Parole was presented with a ____________ petition to commute Davis' sentence to life in prison.

A)settlement negotiation
B)clemency
C)reversal
D)redemption

Question 30

Commuting a death sentence to life imprisonment is referred to as

A)settlement negotiation.
B)clemency.
C)reversal.
D)redemption.

Question 31

Tatiana Tarasoff was killed by Prosenjit Poddar, a graduate student at the University of California. Tatiana's parents sued and the case was heard by the Supreme Court of California. The Tarasoff case is important because

A)it gave a legal definition of "dangerousness."
B)it clarified the tax-exempt status of racially segregated colleges.
C)it concluded that psychologists could assist in jury selection if they provided their questionnaire responses to the other side.
D)it specified that psychotherapists have a duty to use reasonable care to protect identifiable, potential victims from clients in psychotherapy who threaten violence.

Question 32

George McLaurin was the first black student admitted to the University of Oklahoma's graduate school of education. After enrolling in the program, McLaurin was segregated from his classmates. In McLaurin v. Oklahoma State Regents (1950), the Supreme Court concluded that

A)McLaurin should not have been admitted to the graduate school.
B)McLaurin's rights as a student were not violated by the segregation.
C)the restrictions set up by the University of Oklahoma impaired and inhibited McLaurin's ability to study, discuss, and exchange views with other students.
D)the restrictions set up by the University of Oklahoma did not impair nor inhibit McLaurin's ability to study, discuss, or exchange views with other students.

Question 33

When faced with making legal decisions, judges are reluctant to make decisions that contradict earlier judicial decisions. This propensity is an example of the principle of

A)stare decisis .
B)equality.
C)proportionality.
D)determinant sentencing.

Question 34

During a train trip in Louisiana in the 1890s, Homer Plessy wanted to sit in a "whites only" railroad car, but because of his ancestry (he had a black great-grandparent), he was not allowed, by law, to sit in this car. He took his claim to court; the U.S. Supreme Court eventually ruled that

A)he should have been allowed to sit anywhere he wanted.
B)the statute that segregated railroad cars by race did not fail to give Plessy equal protection under the law.
C)the statute that segregated railroad cars by race failed to give Plessy equal protection under the law.
D)None of these are correct (this case never went to the Supreme Court).

Question 35

Despite the principle of equality, discretion is often displayed by

A)prosecutors.
B)police officers.
C)juries.
D)All of these are correct.

Question 36

In civil cases, what procedure parallels plea bargaining?

A)Damages negotiation
B)Settlement negotiation
C)Plaintiff/defendant agreement
D)Conflict resolution

Question 37

John, the plaintiff in a civil trial, sued his employer for wrongful termination. Now that the trial is over, John is pleased that he had a chance to have his voice heard and feels he was treated fairly by the system. He sees the outcome as just even though the outcome was not in his favor. According to Chapter 1, this perception of the fairness of the procedures is an important component of

A)fairness justice.
B)procedural justice.
C)plaintiff's revenge.
D)the American Bar Association's ethical standard of practice.

Question 38

A basic scientist's work

A)is done simply for the joy of understanding.
B)is not intended to be applied.
C)can be applied to the law.
D)All of these are correct.

Question 39

The tendency of different judges to administer a variety of penalties for the same crime is referred to as ________; to counteract this, many states have implemented ________.

A)biased sentencing; certain sentencing
B)inequality in sentencing; mandatory sentencing
C)sentencing disparity; determinate sentencing
D)discretionary sentencing; strict sentencing

Question 40

Which resolution of a choice does determinate sentencing reflect?

A)Equality, rather than discretion
B)Discretion, rather than equality
C)Common good, rather than individual rights
D)Individual rights, rather than common good

Question 41

The case of flamboyant hedge fund manager and pharmaceutical executive Martin Shkreli, who was convicted in 2017 of defrauding his investors to cover up massive stock losses and then jailed after a Facebook post offering $5,000 for a strand of Hillary Clinton's hair, is a classic example of __________ in the United States.

A)right to equality
B)right to discretion
C)right to free speech
D)right to privacy

Question 42

The 1896 case of Plessy v. Ferguson is a clear example of a case of ______.

A)determinate sentencing
B)procedural justice
C)racial bias
D)presumptive sentencing

Question 43

To keep up equality, the U.S. Supreme Court has occasionally applied the principle of _______ to its analysis of cases involving criminal sentencing?

A)proportionality
B)discretion
C)nondiscrimination
D)stare decisis

Question 44

The agreement between the National Football League (NFL)and thousands of former players who suffered concussive injuries on the gridiron is an example of ______.

A)determinate sentencing
B)procedural justice
C)settlement negotiation
D)damage payments

Question 45

The case of Tatiana Tarasoff dictates that psychotherapists__________.

A)offer protection to third parties from patient violence
B)warn the victims of therapy patients
C)maintain doctor-patient confidentiality
D)All of these are correct.

Question 46

The expert witness is

A)hired by one side but is supposed to remain impartial.
B)hired by one side and is supposed to support that side, and only that side.
C)legally considered an advocate when hired by one side.
D)not allowed to be paid for their time.

Question 47

A police department decides to develop "community watch" groups in some neighborhoods in order to reduce the crime rate. A psychologist is called in to assist the police department in designing and critiquing this innovation. How would we best label this psychologist's role?

A)Policy evaluator
B)Advocate
C)Basic scientist
D)Pure scientist

Question 48

The Daubert decision listed four factors that judges should consider in assessing the validity and subsequent admissibility of the expert's testimony. Which of the following is not one of these four factors?

A)Whether the expert's theory or technique can and has been tested
B)The strength of the argument for the pertinent side
C)Whether the expert's theory or technique has been evaluated by peer review
D)The extent to which the expert's technique and claims have been generally accepted by the relevant scientific community

Question 49

Trial consultants who are members of the American Society of Trial Consultants must adhere to

A)Practice guidelines developed by that organization (ASTC, 2017).
B)the Code of Ethical principles.
C)Professional standards.
D)All of these are correct.

Question 50

A psychologist is asked to determine if Project New Chance, a program to help welfare recipients obtain and keep employment, has achieved its goals. How would we best label this psychologist's role?

A)Basic scientist
B)Pure scientist
C)Policy evaluator
D)Advocate

Question 51

Who are imprisoned at rates five to seven times higher than White Americans due to racial bias in arrests for drug crimes?

A)Hispanics
B)African Americans
C)Caucasian
D)Native Indians

Question 52

Which of the following decisions led to judges acting as gatekeepers who evaluate potential expert testimony using the standards of science?

A)Blakely v. Washington (2003)
B)Ewing v. California (2003)
C)Daubert v. Merrell Dow (1993)
D)United States v. Booker (2005)

Question 53

Which of the following would be an activity conducted by a trial consultant?

A)Conduct community attitude surveys
B)Prepare witnesses to testify
C)Advise lawyers on their presentation strategies
D)All of these are correct.

Question 54

According to research, _______________ advances settlement negotiations and reduces the plaintiffs' inclinations to sue.

A)apology
B)procedural justice
C)settlement negotiation
D)damage payment

Question 55

The idea that the law is a social force with consequences for people's well-being, this approach is termed as ______.

A)amicus curiae brief
B)procedural justice
C)therapeutic jurisprudence
D)presumptive sentencing

Question 56

For a person to testify as an expert witness,

A)he or she must have had formal training.
B)both sides in the trial must agree to allow the testimony.
C)the judge must agree to admit the testimony.
D)the expert witness must have examined or tested the defendant.

Question 57

Which of the following was implemented to counteract racial biasing while making arrests?

A)determinate sentencing
B)presumptive sentencing
C)indeterminate sentencing
D)criminal sentencing

Question 58

The Miranda rule of 1966 guarantees the right to ______.

A)remain silent when being arrested
B)keep and bear arms
C)equal protection of the law
D)express a thought of hate

Question 59

What two values were in conflict in the "Unite the Right" Rally in Charlottesville, Virginia, 2017?

A)Right to freedom of expression and right to equality
B)Right to free expression of speech and right of protection from hate speech for a community
C)Right to free speech and right to bear arms
D)Right to equality and right to free speech

Question 60

One of the justifications given by trial consultants for their methods is that

A)they work for the underprivileged.
B)they're not radically different from that of politicians.
C)jury members are informed of their recommendations.
D)All of these are correct.

Question 61

Describe what the principle of equality means within the legal system. How does profiling violate that principle?

Question 62

The Code of Ethical Principles, Professional Standards, and Practice Guidelines developed by the American Society of Trial Consultants organization (ASTC, 2017)dictates guidelines for __________.

A)clinical psychologists
B)cognitive psychologists
C)trial consultants
D)plaintiff attorneys

Question 63

Do you agree that "Conflict resolution" and "truth," as goals, are not always incompatible? Discuss with reference to the 1996 case of Richard Jewell.

Question 64

Gay, lesbian, and transgender troops have served openly in the U. S. military since 2010.

Question 65

Discuss the kinds of ethical questions that emerge when a psychologist becomes a consultant for one side in the selection of jurors.

Question 66

The national media devoted extensive coverage to the use of ______ in the celebrity-status trials of Martha Stewart and O. J. Simpson.

A)clinical psychologists
B)cognitive psychologists
C)trial consultants
D)policy evaluators

Question 67

Kurt Lewin, a founder of social psychology, proposed the equation B = f ( p , e ): behavior is a function of the person and the environment. (The Psychological Study of Law)

Question 68

The conflict between the rights of individuals and the rights of society is related to a distinction between two models of the criminal justice system: the due process model and the crime control model. Define and contrast the two models.

Question 69

Unlike the crime control model, the due process model, favored in the 1990s, seeks the apprehension and punishment of law-breakers.

Question 70

Laws regulating the areas in which people may smoke cigarettes illustrate the conflict between individual rights and public safety.

Question 71

Describe the kinds of matters that forensic evaluators assess.

Question 72

Jay has recently told his therapist that he is planning to kill his stepmother. According to the Tarasoff decision, the therapist has the duty to warn the stepmother that Jay is a potential threat.

Question 73

Troy Davis was granted clemency.

Question 74

In determinate sentencing, the offense determines the sentence, and judges and parole commissions have little discretion. (The Value of Discretion)

Question 75

The U.S. Supreme Court recognizes that impulsiveness and psychosocial immaturity render juveniles less culpable and more likely to be rehabilitated than adult offenders. (The Principle of Equality)

Question 76

In recent years judges have been allowed to use more discretion in sentencing.

Question 77

Discuss the state of Louisiana's dispute with Homer Plessy during the 1890s.

Question 78

The Specialty Guidelines for Forensic Psychologists (APA, 2013)and the Guidelines for Child Custody Evaluations in Family Law Proceedings (APA, 2010)both affect the practice of ______.

A)clinical psychologists
B)cognitive psychologists
C)forensic evaluators
D)plaintiff attorneys

Question 79

Describe the case of Troy Davis. Define clemency and indicate how this concept is relevant to Davis.

Question 80

How do mental health professionals become involved in litigation as a forensic evaluator?

A)They are appointed by the court.
B)They are hired by the attorney.
C)They are hired by the consultant.
D)None of these are correct.