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forensic and Legal Psychology Canadian Edition Test Bank

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    Import Settings: Base Settings: Brownstone Default Information Field: Page Information Field: Section Highest Answer Letter: D Multiple Keywords in Same Paragraph: No Chapter: Chapter 1: Essay Essay 1. Describe the origins and basic elements of the Canadian legal system. Ans: Answers may vary but should include material from text, particularly diagram on p. 3 (Figure 1 - 1) and references to: former colonial status and incorporation of British common law; adoption of stare decisis ; Supreme Court has binding authority over lower courts, conforms to Constitution and follows Criminal Code of Canada and other related federal legislation; Canada’s civil law evolved from Roman law and covers private relationships and property. Difficulty: M Page: 2 - 3 Section: Origins of the Canadian Legal System Question Type: Essay Bloom’s Level: Applying APA Outcome: 1.3 2. Explain the role the four Daubert criteria 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 as gatekeepers for scientific testimony; the four criteria for admissibility listed on p. 18 of the text and the controversy over their interpretation; judges’ responsibility for evaluating methods and statistics used and the expansion of ga tekeeping 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 outlined on p. 19 including relevance, necessity, absence of exclusionary rule and qualifications of the expert; experts may be excluded if they don ’ t provide information beyond what is commonly known by jurors or what judge can otherwise instruct them on; the importance of judges ’ screening function led to hot - tub rules. Difficulty: C Page: 18 - 19 Section: Expert Testimony Question Type: Essay Bloom’s Level: Analyzing APA Outcome: 1.1 3. Discuss some 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 brain abnormalities can eliminate culpability; whether jurors are unduly influenced by images of brain scans and abnormalities; the occurrence of false positives; the fact that abnormalities might not result in functioning deficits that cause criminal behavior; the need to compare defendant with others with same abnormalities who do not commit crime; issue of mens rea ; questions about who bears burden of proof and level of proof; need for more advanced technology and scientific research. Difficulty: M Page: 20 Section: Science Spotlight: Brain Scans Go Legal Question Type: Essay Bloom’s Level: Applying APA Outcome: 2.1 4. Describe, in chronological order, some of the major events and influences in the developing relationship 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 as experts disagreed on his mental status; (early 1900s) the influence of the work of Sigmund Freud, the psychologist Hugo Munsterberg and the legal writings of Louis Brandeis; (1930s) the legal realism movement, particularly Karl Llewellyn; (1950s and 1960s) landmark court decisions like Brown v. Board of Education and test imony on segregation; (1970s and 1980s) the increasing 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 and psychology. Difficulty: C Page: 5 - 9 Section: A Brief History of Psychology and Law Question Type: Essay Bloom’s Level: Analyzing APA Outcome: 2.2 5. Explain some of the sources of tension between the disciplines of law and psychology as outlined 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 and innovation. Law is hierarchical with lower courts bound by the rulings of higher courts while psychology relies on empiricism for new ideas based on supporting data. Law is adversarial and focused on finding the “truth” while psychology relies on experimentation and hypothesis testing to uncover “truth.” Law is prescriptive while psychology is descriptive. Law is ideographic while psychology 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 is academic. Difficulty: M Page: 10 - 11 Section: A Brief History of Psychology and Law Question Type: Essay Bloom’s Level: Understanding APA Outcome: 1.1

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    Import Settings: Base Settings: Brownstone Default Information Field: Page Information Field: Section Highest Answer Letter: D Multiple Keywords in Same Paragraph: No Chapter: Chapter 1: Multiple Choice Multiple Choice 1. 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. Ans: B Difficulty: E Page: 1 Section: Psychology and Law: A Cautious Alliance Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.2 2. 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. Ans: A

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    Difficulty: M Page: 7 Section: A Brief History of Psychology and Law Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 2.1 3. The maturation of the relationship between psychology and the law did not take place until the : A) 1930s. B) 1950s. C) 1970s. D) 1990s. Ans: C Difficulty: E Page: 8 Section: A Brief History of Psychology and Law Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 2.2 4. 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: B Difficulty: M Page: 4 Section: The Origins of the Canadian Legal System Question Type: Multiple Choice Bloom’s Level: Analyzing APA Outcome: 2.5 5. 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: C Difficulty: C Page: 22 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Applying APA Outcome: 1.3 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. Ans: D Difficulty: M Page: 12 Section: Methods: Rulings versus Data Question Type: Multiple Choice Bloom’s Level: Applying APA Outcome: 2.5 7. Psychology can be described as _____, while law is _____. A) prescriptive; descriptive B) descriptive; prescriptive C) realistic; idealistic D) understanding; demanding Ans: B Difficulty: E Page: 10 Section: Goals: Approximate Truth versus Approximate Justice Question Type: Multiple Choice Bloom’s Level: Remembering

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    APA Outcome: 1.1 8. 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. Ans: D Difficulty: E Page: 9 Section: Goals: Approximate Truth versus Approximate Justice Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.1 9. 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. Ans: B Difficulty: M Page: 10 - 11 Section: Goals: Approximate Truth versus Approximate Justice Question Type: Multiple Choice Bloom’s Level: Understanding APA Outcome: 1.2 10. 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: C Difficulty: E Page: 11 Section: Goals: Approximate Truth versus Approximate Justice Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.1 11. 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 Ans: A Difficulty: M Page: 11 Section: Goals: Approximate Truth versus Approximate Justice Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.1 12. 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: A Difficulty: E Page: 10 Section: Goals: Approximate Truth versus Approximate Justice Question Type: Multiple Choice Bloom’s Level: Remembering APA 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 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. Ans: A Difficulty: M Page: 12 Section: Methods: Rulings versus Data Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.2 14. 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. Ans: B Difficulty: E Page: 12 - 13 Section: Style of Inquiry: Advocacy versus Objectivity Question Type: Multiple Choice Bloom’s Level: Understanding APA Outcome: 1.1 15. 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 Ans: B Difficulty: E Page: 13 Section: Style of Inquiry : Advocacy versus Objectivity

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    Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 3.1 16. 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: C Difficulty: E Page: 15 Section: Psychologists as Advisors Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 5.1 17. Trial consultants are used to: A) provide expertise. B) cite law. C) perform psychological evaluations. D) complete research. Ans: A Difficulty: E Page: 15 Section: Psychologists as Advisors Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 5.1 18. Ongoing information regarding program effectiveness is called: A) trial consultation. B) summative evaluation. C) peer review. D) formative evaluation.

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    Ans: D Difficulty: M Page: 16 Section: Psychologists as Evaluators Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.3 19. Sam is a cognitive psychologist. With w hat 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 Ans: D Difficulty: M Page: 1 Section: Psychology and Law: A Cautious Alliance Question Type: Multiple Choice Bloom’s Level: Understanding APA Outcome: 1.1 20. 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: B Difficulty: E Page: 18 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Remembering APA 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: B Difficulty: E Page: 17 - 18 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.3 22. 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. Ans: D Difficulty: E Page: 15 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.3 23. Roles that psychologists may play in the legal system include: A) auxiliary judges. B) gatekeepers. C) reformers. D) triers of fact. Ans: C Difficulty: E Page: 17 Section: Psychologists as Reformers Question Type: Multiple Choice

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    Bloom’s Level: Understanding APA Outcome: 1.3 24. 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 Ans: C Difficulty: M Page: 18 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Understanding APA Outcome: 1.3 25. 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, I n c. Ans: B Difficulty: M Page: 19 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Understanding APA Outcome: 1.3 26. Susan is studying developmental psychology, but is also interested in law. As an expert witness, w hat might she be asked to testify about if called into court? A) the reliability of expert witnesses B) group behavior

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    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 Ans: C Difficulty: C Page: 1 Section: Psychology and Law: A Cautious Alliance Question Type: Multiple Choice Bloom’s Level: Analyzing APA Outcome: 1.3 27. 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 Ans: D Difficulty : C Page: 23 - 24 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Applying APA Outcome: 3.1 28. 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. Ans: C Difficulty: C Page: 25 - 26 Section: Amicus Curiae Briefs Question Type: Multiple Choice Bloom’s Level: Analyzing APA Outcome: 1.3

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    29. The Mohan test outlines ____ points for determining the admissibility of expert testimony. A) 4 B) 5 C) 6 D) 7 Ans: A Difficulty: E Page: 19 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 1.1 30. 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. Ans: D Difficulty: E Page: 18 - 19 Section: Expert Testimony Question Type: Multiple Choice Bloom’s Level: Remembering APA Outcome: 5.1 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. Ans: D Difficulty: M Page: 12

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