Deck 1: Psychology and the Law: a Cautious Alliance

Question 1

Trial consultants are used to:

A) provide expertise.
B) cite law.
C) perform psychological evaluations.
D) complete research.

Answer 1

provide expertise.

Question 2

Concerning the differences between law and psychology, which statement is FALSE?

A) Neither approach can be fully certain of its outcomes.
B) Law focuses on what is best for groups rather than individuals.
C) Case studies and clinical testimony are of more interest to legal systems than are other areas of psychology.
D) The courts engage in more dichotomous decision making than psychology.

Answer 2

Law focuses on what is best for groups rather than individuals.

Question 3

According to the authors, the most visible piece of the justice system is:

A) the police.
B) the trial.
C) the prison.
D) the appeals process.

Answer 3

the trial.

Question 4

The primary goal of psychological science is to:

A) provide guidelines for behavior.
B) regulate human behavior.
C) demonstrate how punishment works.
D) provide accurate explanations of human behavior.

Question 5

The maturation of the relationship between psychology and the law did not take place until the:

A) 1930s.
B) 1950s.
C) 1970s.
D) 1990s.

Question 6

A modern interpretation of the doctrine of stare decisis would be that:

A) all things come to be decided over time.
B) if too many judges are involved in a decision, time will be wasted in the process.
C) an issue is not decided until all parties are willing to agree that justice has been served.
D) a decision should adhere to what has already been established in law.

Question 7

The basis of the adversarial system in law is that:

A) the prosecution depends on the adverse nature of the case.
B) truth will emerge as a result of conflict between opposing sides.
C) the defense depends on eyewitness testimony only.
D) the truth always prevails.

Question 8

Which is NOT one of the characteristics of the legal culture?

A) Its outcomes are viewed in terms of probabilities.
B) It prioritizes the concept of uncertainty avoidance.
C) It relies on judgments that are dichotomous.
D) The judgments rendered result in consequences.

Question 9

According to the text, the goal of psychology is to_____, while the goal of the legal system is to_____.

A) emphasize the characteristics of groups; emphasize individual cases
B) emphasize individual cases; emphasize the characteristics of groups
C) apply abstract principles; understand the general nature of humans
D) develop legal protocol; generalize the details of a case

Question 10

Ongoing information regarding program effectiveness is called:

A) trial consultation.
B) summative evaluation.
C) peer review.
D) formative evaluation.

Question 11

The purpose of a brief is to:

A) provide a summary of the case.
B) provide a simple review of precedents set.
C) provide written arguments to the court.
D) develop curriculum vitae to be provided to potential employers.

Question 12

Psychology can be described as _____, while law is _____.

A) prescriptive; descriptive
B) descriptive; prescriptive
C) realistic; idealistic
D) understanding; demanding

Question 13

Once the research is done, a psychological study:

A) is conclusive in all situations.
B) is truly definitive.
C) may be revised by contrary data.
D) never has to be repeated.

Question 14

Precedents can best be described as:

A) legal cases that have established a rule that then may be used when deciding future cases with similar issues.
B) past decisions dictating all future cases regardless of the "goodness of fit."
C) a balancing process that reviews all of the factors in a case.
D) past criminal behaviors that become linked to the resolution of current cases.

Question 15

Which statement regarding differences between Canadian law and U. S. law is TRUE?

A) Most U.S. states have abolished the death penalty.
B) Canadian courts are more often likely to refer to international law.
C) U.S. states have more uniformity of law than do the Canadian provinces.
D) Jurors are more restricted in discussing case outcomes in the U.S.

Question 16

Sam is a cognitive psychologist. With what aspect of the legal process might he provide assistance to the court?

A) clarify how police interrogators influence suspects to confess
B) clarify at what age children are fully cognizant of their actions within the law
C) clarify how a psychologist would determine competence to stand trial
D) clarify whether jurors understand the instructions for deliberation for a verdict

Question 17

According to the text, what is NOT a feature of the Canadian Bar Association's Code of Professional Conduct?

A) a duty not to let witnesses lie under oath
B) limits on the fees that can be assessed indigent clients
C) an emphasis on the duty to be fearless advocates
D) the responsibility to be candid with clients

Question 18

When considering scientific testimony, gatekeeping, in the legal sense, includes:

A) determining court protocol.
B) assessing the scientific validity of potential testimony.
C) counseling juries.
D) advising on approved witness lists.

Question 19

The early leader of the realist movement who argued that laws must be continually re-examined in order to best serve the interests of society was:

A) Karl Llewellyn.
B) Louis Brandeis.
C) John MacDonald.
D) Hugo Munsterberg.

Question 20

An expert witness who explains how she arrived at the probability that two siblings both died of sudden infant death syndrome would be said to be acting as a(n):

A) philosopher-advocate.
B) hired gun.
C) conduit-educator.
D) actuarial-editor.

Question 21

In the case General Electric v. Joiner, it was held that appellate courts should not:

A) limit the number of experts who can testify if they address different issues.
B) disregard test results based soley on the research methods used.
C) put undue emphasis on a defendant's decision not to testify.
D) second-guess a trial judge's decision to exclude expert testimony.

Question 22

The trial of Louis Riel was one of the earliest Canadian cases involving the use of psychiatric experts. What was the final result of this case?

A) The jury found Riel not guilty of treason.
B) The psychiatrists all agreed that Riel should not be held accountable for his actions.
C) A special committee appointed by the prime minister unanimously found Riel to be sane.
D) Riel was found guilty of treason and hanged.

Question 23

Discuss some of the controversial issues related to the use of brain scans as evidence in trials.

Question 24

Explain some of the sources of tension between the disciplines of law and psychology as outlined in Chapter 1.

Question 25

According to the text, which statement regarding the way judges acquire scientific knowledge is FALSE?

A) Judges are more likely to read Psychology Today than law or science journals.
B) Judges are required to complete several continuing education courses each year.
C) Canadian law requires judges to "hot-tub" meet with relevant social researchers.
D) Popular media (including websites) is a viable way to communicate research findings.

Question 26

Susan is studying developmental psychology, but is also interested in law. As an expert witness, what might she be asked to testify about if called into court?

A) the reliability of expert witnesses
B) group behavior
C) the impact on children of long-term exposure to violence on television
D) the predictability of repeat behavior in a person who batters his or her spouse

Question 27

Which court case expanded a judge's gatekeeping responsibility to include not only scientific testimony but any type of expert opinion?

A) R. v. Mohan
B) Kumho Tire Ltd. v. Carmichael
C) General Electric Co. v. Joiner
D) Daubert. v. Merrell Down Pharmaceuticals, Inc.

Question 28

Roles that psychologists may play in the legal system include:

A) auxiliary judges.
B) gatekeepers.
C) reformers.
D) triers of fact.

Question 29

Explain the role the four Daubert criteria play in trial proceedings today.

Question 30

The Mohan test outlines ____ points for determining the admissibility of expert testimony.

A) 4
B) 5
C) 6
D) 7

Question 31

When Oliver Wendell Holmes said that "Law is the government of the living by the dead," he was referring to the concept of:

A) dualism.
B) patriarchy.
C) confluence.
D) precedent.

Question 32

Which statement about the role of amicus curiae briefs is FALSE?

A) They are typically written by teams of researchers.
B) They have been used recently in cases arguing about same-sex marriage.
C) So far they have not been successful in educating judges about psychological research.
D) They can range from simple scientific reporting to impassioned advocacy.

Question 33

According to the text, forensic practitioners are bound by ethical guidelines that prohibit all of these acts EXCEPT:

A) being influenced by partisan pressures in the conduct of duties
B) entering into a relationship that may be interpreted as a conflict of interest
C) accepting bonuses for referrals to legitimate clinicians
D) using hot-tub meeting practices to expedite legal proceedings

Question 34

According to the text, one of the characteristics of expert testimony is that it:

A) provides the only point of view.
B) provides specialized knowledge.
C) is not under the purview of the court.
D) is used by lawyers to confuse the jury.

Question 35

The Daubert case established standards for the admissibility of scientific evidence. Which is NOT one of those criteria?

A) whether the error rate of the statistical tests used is known
B) whether other scientists have accepted this evidence as valid
C) whether this type of evidence has been allowed in past court cases
D) whether the testimony is based on theory or techniques that are legitimately testable

Question 36

According to the text, the term gatekeeper refers to:

A) one who secures the courtroom from potential safety threats.
B) one who catalogs and stores various legal briefs.
C) one who must establish the identities of the triers of fact.
D) one who assesses the scientific validity of testimony before allowing it in trial.

Question 37

Describe, in chronological order, some of the major events and influences in the developing relationship between psychology and law.

Question 38

Describe the origins and basic elements of the Canadian legal system.

Question 39

Which of the following statements about legal realism is FALSE?

A) Legal realism is generally associated with a movement popular during the 1920s and 1930s.
B) Legal realists sought to re-energize the principles of natural law.
C) Legal realists assert that judges interpret evidence and precedent in social contexts.
D) Legal realists claim that the social effects of laws and judicial behavior are important to study.

Question 40

An example of how the Canadian Psychological Association attempted to influence the legislature with a position paper involved:

A) the insufficiency of repressed memories to serve as the sole basis of a conviction.
B) the lack of evidence to clearly support the existence of a gambling addiction diagnosis.
C) the accumulation of evidence that associates fibromyalgia with malingering.
D) the lack of agreement on the interpretation of the science of neuroplasticity.