forensic and Legal Psychology Canadian Edition Test Bank

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Import Settings:Base Settings: Brownstone DefaultInformation Field: PageInformation Field: SectionHighest Answer Letter: DMultiple Keywords in Same Paragraph: NoChapter: Chapter 1: EssayEssay1. Describe the origins and basic elements of the Canadian legal system.Ans: Answers may vary but should include material fromtext, particularlydiagram on p. 3(Figure 1-1) and references to: former colonial status and incorporation of British common law;adoption ofstare decisis;Supreme Court has binding authority over lower courts, conforms toConstitution and followsCriminal Code of Canadaand other related federal legislation;Canada’s civil law evolved from Roman law and covers private relationships and property.Difficulty: MPage: 2-3Section: Origins of the Canadian Legal SystemQuestion Type: EssayBloom’s Level: ApplyingAPA Outcome: 1.32. Explain the role the fourDaubertcriteria play in trial proceedings today.Ans: Answers will vary but should include reference to at least some of these cases:Daubert v.Merrell Dow Pharmaceuticals, Inc.;General Electric Co. v. Joiner;Kumho Tire Ltd. v.Carmichael;R. v. Mohan;R. v. McIntosh and McCarthy;R. v. Abbey;R. v. D. D.;judges asgatekeepers for scientific testimony; the four criteria for admissibility listed on p. 18 of the textand the controversy over their interpretation; judges’ responsibility for evaluating methods andstatistics used and the expansion of gatekeeping to include judges’authority to evaluate non-

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science expertise as well; guidance court receives from Mohan test and its four points outlinedon p. 19 including relevance, necessity, absence of exclusionary rule and qualifications of theexpert; experts may be excluded if they don’t provide information beyond what is commonlyknown by jurors or what judge can otherwise instruct them on; the importance of judges’screening function led to hot-tub rules.Difficulty: CPage: 18-19Section: Expert TestimonyQuestion Type: EssayBloom’s Level: AnalyzingAPA Outcome: 1.13.Discusssome of the controversial issues related to the use of brain scans as evidence in trials.Ans: Answers will vary but should include references from the text as to whether brainabnormalities can eliminate culpability; whether jurors are unduly influenced by images of brainscans and abnormalities; the occurrence of false positives; the fact that abnormalities might notresult in functioning deficits that cause criminal behavior; the need to compare defendant withothers with same abnormalities who do not commit crime; issue ofmens rea; questions aboutwho bears burden of proof and level of proof; need for more advanced technology and scientificresearch.Difficulty: MPage: 20Section: Science Spotlight: Brain Scans Go LegalQuestion Type: EssayBloom’s Level: ApplyingAPA Outcome: 2.14. Describe, in chronological order, some of the major events and influences in the developingrelationship between psychology and law.Ans: Answers will vary but should include some of the following from the text: (1885)the trial of resistance leader Louis Riel for treason and the controversy over his accountability asexperts disagreed on his mental status; (early 1900s) the influence of the work of SigmundFreud, the psychologist Hugo Munsterberg and the legal writings of Louis Brandeis; (1930s) thelegal realism movement, particularly Karl Llewellyn; (1950s and 1960s) landmark courtdecisions likeBrown v. Board of Educationand testimony on segregation; (1970s and 1980s) theincreasing use of psychological experts in trials, as well as the development of scholarly journals,

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undergraduate studies, and professional organizations related to the combination of law andpsychology.Difficulty: CPage: 5-9Section: A Brief History of Psychology and LawQuestion Type: EssayBloom’s Level: AnalyzingAPA Outcome: 2.25. Explain some of the sources of tension between the disciplines of law and psychology asoutlined in Chapter 1.Ans: Answers will vary but should include references from the text to the following concepts:Law is conservative and resists innovation while psychology emphasizes creativity andinnovation. Law is hierarchical with lower courts bound by the rulings of higher courts whilepsychology relies on empiricism for new ideas based on supporting data. Law is adversarial andfocused on finding the “truth” while psychology relies on experimentation and hypothesis testingto uncover “truth.” Law is prescriptive while psychology is descriptive. Law is ideographic whilepsychology is nomothetic. Law operates on certainty while psychology relies on probability.Law is reactive and psychology is proactive. Law is operational or applied while psychology isacademic.Difficulty: MPage: 10-11Section: A Brief History of Psychology and LawQuestion Type: EssayBloom’s Level: UnderstandingAPA Outcome: 1.1

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Import Settings:Base Settings: Brownstone DefaultInformation Field: PageInformation Field: SectionHighest Answer Letter: DMultiple Keywords in Same Paragraph: NoChapter: Chapter 1: Multiple ChoiceMultiple Choice1. According tothe authors, the most visible piece of the justice system is:A) the police.B) the trial.C) the prison.D) the appeals process.Ans: BDifficulty: EPage: 1Section: Psychology and Law: A Cautious AllianceQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.22. 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) KarlLlewellyn.B) Louis Brandeis.C) John MacDonald.D) Hugo Munsterberg.Ans: A

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Difficulty: MPage: 7Section: A Brief History of Psychology and LawQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 2.13. The maturation of the relationship between psychology and the law did not take place untilthe:A) 1930s.B) 1950s.C) 1970s.D) 1990s.Ans: CDifficulty: EPage: 8Section: A Brief History of Psychology and LawQuestion Type: Multiple ChoiceBloom’s Level:RememberingAPA Outcome: 2.24. 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.Ans: BDifficulty: MPage: 4Section: The Origins of the Canadian Legal SystemQuestion Type: Multiple ChoiceBloom’s Level: AnalyzingAPA Outcome: 2.55. An expert witness who explains how she arrived at the probability that two siblings both died

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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.Ans: CDifficulty: CPage: 22Section: Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: ApplyingAPA Outcome: 1.36. A modern interpretation of the doctrine ofstare decisiswould 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) anissue 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.Ans: DDifficulty: MPage: 12Section: Methods: Rulings versus DataQuestion Type: Multiple ChoiceBloom’s Level: ApplyingAPA Outcome: 2.57. Psychology can be described as _____, while law is _____.A) prescriptive; descriptiveB) descriptive; prescriptiveC) realistic; idealisticD) understanding; demandingAns: BDifficulty: EPage: 10Section: Goals: Approximate Truth versus Approximate JusticeQuestion Type: Multiple ChoiceBloom’s Level: Remembering

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APA Outcome: 1.18. The primary goal of psychological science is to:A) provideguidelines for behavior.B) regulate human behavior.C) demonstrate how punishment works.D) provide accurate explanations of human behavior.Ans: DDifficulty: EPage:9Section: Goals: Approximate Truth versus Approximate JusticeQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.19. 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 areasof psychology.D) The courts engage in more dichotomous decision making than psychology.Ans: BDifficulty: MPage: 10-11Section: Goals: Approximate Truth versus Approximate JusticeQuestion Type: Multiple ChoiceBloom’s Level: UnderstandingAPA Outcome: 1.210. 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.

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Ans: CDifficulty: EPage: 11Section: Goals: Approximate Truth versus Approximate JusticeQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.111. According to the text, the goal of psychology is to_____, while the goal of the legal systemis to_____.A) emphasize the characteristics of groups; emphasize individual casesB) emphasize individual cases; emphasize the characteristics of groupsC) apply abstract principles; understand the general nature of humansD) develop legal protocol; generalize the details of a caseAns: ADifficulty: MPage: 11Section: Goals: Approximate Truth versus Approximate JusticeQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.112. 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.Ans: ADifficulty: EPage: 10Section: Goals: Approximate Truth versus Approximate JusticeQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.1

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13. Precedents can best be described as:A) legal cases that have established a rule that then may be used when deciding future caseswith 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.Ans: ADifficulty: MPage: 12Section: Methods: Rulings versus DataQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.214. The basis of the adversarial system in law is that:A) the prosecution depends on the adverse nature of the case.B) truthwill emerge as a result of conflict between opposing sides.C) the defense depends on eyewitness testimony only.D) the truth always prevails.Ans: BDifficulty: EPage: 12-13Section: Style of Inquiry: Advocacy versus ObjectivityQuestion Type: Multiple ChoiceBloom’s Level: UnderstandingAPA Outcome: 1.115. According to the text,whatis NOT a feature ofthe Canadian Bar Association’sCode ofProfessional Conduct?A) a duty not to letwitnesses lie under oathB)limitson the fees that can be assessed indigent clientsC) an emphasis on the duty to be fearless advocatesD) the responsibility to be candid with clientsAns: BDifficulty: EPage: 13Section: Style of Inquiry: Advocacy versus Objectivity

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Question Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome:3.116. 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.Ans: CDifficulty: EPage: 15Section: Psychologists as AdvisorsQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 5.117. Trial consultants are used to:A)provide expertise.B) cite law.C) perform psychological evaluations.D) complete research.Ans: ADifficulty: EPage: 15Section: Psychologists as AdvisorsQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 5.118. Ongoing information regarding program effectiveness is called:A) trial consultation.B) summative evaluation.C) peer review.D) formative evaluation.

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Ans: DDifficulty: MPage: 16Section: Psychologists as EvaluatorsQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.319. Sam is a cognitive psychologist. Withwhat aspect of the legal process might he provideassistance to the court?A) clarify how police interrogators influence suspects to confessB) clarify at what age children are fully cognizant of their actions within the lawC) clarify how a psychologist would determine competence to stand trialD) clarify whether jurors understand the instructions for deliberation for a verdictAns: DDifficulty: MPage: 1Section: Psychology and Law: A Cautious AllianceQuestion Type: Multiple ChoiceBloom’s Level: UnderstandingAPA Outcome: 1.120. 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.Ans: BDifficulty: EPage: 18Section: Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.3

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21. 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.Ans: BDifficulty: EPage:17-18Section: Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.322. According to the text, the termgatekeeperrefers to:A) one who secures the courtroom from potential safety threats.B) one who catalogs and stores various legal briefs.C)onewho must establish the identities of the triers of fact.D) one who assesses the scientific validity of testimony before allowing it in trial.Ans: DDifficulty: EPage: 15Section: Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.323. Roles that psychologists may play in the legal system include:A) auxiliary judges.B) gatekeepers.C) reformers.D) triers of fact.Ans: CDifficulty: EPage: 17Section: Psychologists as ReformersQuestion Type: Multiple Choice

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Bloom’s Level: UnderstandingAPA Outcome: 1.324. TheDaubertcase established standards for the admissibility of scientific evidence. Which isNOTone of those criteria?A) whether the error rate of the statistical tests used is knownB) whether other scientists have accepted this evidence as validC) whether this type of evidence has been allowed in past court casesD) whether the testimony is based on theory or techniques that are legitimately testableAns: CDifficulty: MPage: 18Section: Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: UnderstandingAPA Outcome: 1.325. Which court case expanded a judge’s gatekeeping responsibility to include not onlyscientific testimony but any type of expert opinion?A)R. v. MohanB)Kumho Tire Ltd. v. CarmichaelC)General Electric Co. v. JoinerD)Daubert. v. Merrell Down Pharmaceuticals, Inc.Ans: BDifficulty: MPage: 19Section: Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: UnderstandingAPA Outcome: 1.326. Susan is studying developmental psychology, but is also interested in law. As an expertwitness,what might she be asked to testify about if called into court?A) the reliability of expert witnessesB) group behavior

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C) the impact on children of long-term exposure to violence on televisionD) the predictability of repeat behavior in a person who batters his or her spouseAns: CDifficulty: CPage: 1Section: Psychology and Law: A Cautious AllianceQuestion Type: Multiple ChoiceBloom’s Level: AnalyzingAPA Outcome: 1.327. According to the text,forensic practitioners are bound by ethical guidelines that prohibit allof these acts EXCEPT:A) beinginfluenced by partisan pressures in the conduct of dutiesB) entering into a relationship that may be interpreted as a conflict of interestC) accepting bonuses for referrals to legitimate cliniciansD)using hot-tub meeting practices to expedite legal proceedingsAns: DDifficulty: CPage: 23-24Section: Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: ApplyingAPA Outcome: 3.128. Which statement about the role ofamicus curiaebriefs is FALSE?A) They aretypically 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.Ans: CDifficulty: CPage: 25-26Section: Amicus Curiae BriefsQuestion Type: Multiple ChoiceBloom’s Level: AnalyzingAPA Outcome: 1.3

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29. The Mohan test outlines ____ points for determining the admissibility of expert testimony.A)4B)5C)6D)7Ans:ADifficulty: EPage: 19Section:Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 1.130. In the caseGeneral Electric v. Joiner, it was held thatappellate 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.Ans: DDifficulty: EPage: 18-19Section:Expert TestimonyQuestion Type: Multiple ChoiceBloom’s Level: RememberingAPA Outcome: 5.131. When Oliver Wendell Holmes said that “Lawis the government of the living by the dead,”he was referring to the concept of:A) dualism.B) patriarchy.C) confluence.D) precedent.Ans: DDifficulty: MPage: 12

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