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forensic and Legal Psychology: Psychological Science Applied to Law, 2nd Edition Test Bank

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    Page 1 1. Compare and contrast the approaches of psychology and law. Which system is more open to change? 2. Discuss why it might be difficult for a psychologist to maintain her impartiality as a scientist and still successfully fulfill her role as an expert testifying in court. 3. Are there any problems with having trial judges as the gatekeepers? How can the system be improved?

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    Page 2 Answer Key 1. Main points: • Psychology and law represent two different cultures. • They differ in goals (truth vs. justice), methods (data vs. rulings), and styles of inquiry (objectivity vs. advocacy). • Psychology as a science is based on relativism (of knowledge and theories). • Law as a system is rooted in the past (rulings, precedents). • Psychology is more egalitarian, law is a more hierarchical system. • Psychology is more open to change since science implies skepticism and new discoveries while law abides by past decisions (precedents). 2. Main points: • The U.S. legal system is adversarial. • Often, experts are hired by either defense or prosecution, with the expectation of helping one side of the trial. • Lawyers tend to “shop around” for an expert who would testify the way the lawyer needs. • Expert herself may have ideals or convictions she wants to advocate for. • Being effective as an expert in court requires presenting a clear – cut, easy - to - understand picture. • At the same time, science is rarely clear - cut or simple, it requires objectivity and skepticism about your own findings; conflicting explanations for the same facts are not uncommon. 3. Main points: • Under the Daubert standard, judges are to decide whether to allow expert testimony. • Judges are expected to be “amateur scientists”. • Judges do not have the training in research and thus cannot discern between good and not - so - good science. • To improve the system, judges need to undergo mandatory training in research methods and be kept abreast of new scientific knowledge in the field of forensic psychology and other social sciences through continuing education.

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    Page 1 1. The knowledge and skills of developmental psychologists might be relevant for the legal system in which one of these cases? A) When studying the dynamics of jury deliberation. B) When assessing a mentally ill defendant for potential risk of violence. C) When deciding whether the eyewitness is able to remember the scene of crime. D) When evaluating the state of mind of a teenager who brought guns to school. 2. The knowledge and skills of clinical psychologists might be relevant for the legal system in which one of these cases? A) When selecting jurors potentially sympathetic to the defendant. B) When assessing a mentally ill defendant for potential risk of violence. C) When deciding whether the eyewitness is able to remember the scene of crime. D) When evaluating the state of mind of a teenager who brought guns to school. 3. The knowledge and skills of social psychologists might be relevant for the legal system in which one of these cases? A) When studying the dynamics of jury deliberation. B) When assessing a mentally ill defendant for potential risk of violence. C) When deciding whether the eyewitness is able to remember the scene of crime. D) When evaluating which custody arrangement will most benefit the child's development. 4. Brandeis's brief in Muller v Oregon (1908) was a milestone in the development of the psychology and law union because it: A) relied on expert testimony from professional psychologists. B) expanded graduate training for psychologists. C) mandated the use of research training for judges. D) opened the door for U.S. courts to use social scientific evidence. 5. The _____ approach treats laws as a tool that needs to be regularly reexamined and adjusted, whereas _____ treats laws as evolved to reflect the principles found in nature. A) legal objectivism; environmental law B) environmental law; legal objectivism C) legal realism; “natural law”. D) “natural law”; legal realism

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    Page 2 6. Legal realists: A) thought judicial decisions reflected principles found in nature. B) felt judges used careful logic to arrive at a single correct decision in a particular case. C) believed judges constructed the law through their interpretations of evidence and precedent. D) showed little interest in applying social science research to the legal system. 7. During the trial, each side is trying to win the case. However, the goal of the legal system overall is to: A) achieve justice. B) achieve peace. C) obtain compensation for all parties. D) not be hampered by fairness. 8. _____ can be described as an effort to figure out how the world works, whereas _____ provides a system for meting out just desserts. A) Law; science B) Science; legislature C) Legislature; law D) Science; law 9. The prima ry 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. 10. According to the text, the goal of psychology is to ____, whereas 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 details of a case

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    Page 3 11. Precedents can best be described as: A) legal cases that have established a rule that are then used to decide future cases with similar issues. B) past decisions dictating all future cases, regardless of the “goodness - of - fit.” C) reviews of facts in a case that occurred in a similar jurisdiction. D) rulings on the matters that were raised by the same parties that are participating as plaintiff and defendant in the current case. 12. 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 contest between opposing sides. C) the defense depends on eyewitness testimony only. D) the truth always prevails. 13. Differences in goals, methods, and styles of inquiry made the relationship between psychology and law: A) natural and harmonious. B) difficult but important. C) impossible to forge. D) successful in every way. 14. Sylvester is hired by the defense to help select jurors who would be less likely to convict. This is an example of the following role played by psychologists in the legal system: A) advisor B) evaluator C) reformer D) clinician 15. Trial consultants may be hired to perform the following duties: A) preparing witnesses and shaping trial strategy. B) citing law and writing abbreviated briefs. C) performing psychological evaluations and risk assessment D) conducting research and advocating for reform

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    Page 4 16. Sam is a cognitive psychologist. What aspect of the legal process might he provide assistance with to the court? A) Determining the general fairness of the legal system. B) Advising at what age children are fully cognizant of their actions within the law. C) Evaluating the defendant's competence to stand trial. D) Clarifying whether jurors understand the instructions for deliberating a verdict. 17. Studies evaluating the effectiveness of the D.A.R.E. program found that: A) the program is highly effective in reducing both drug use and delinquency. B) the program is effective in reducing drug use but increases delinquency. C) the program is not effective in reducing drug use. D) the program is only effective in reducing delinquency. 18. Ricardo is conducting research on the effects of solitary confinement on mental health. This is an example of the following role played by a psychologist in the legal system: A) advisor B) evaluator C) reformer D) clinician 19. Isabella is advocating for a change in the way domestic violence victims are treated by police and the courts. This is an example of the following role played by psychologists in the legal system: A) advisor B) evaluator C) reformer D) clinician 20. In consideration of scientific testimony, gatekeeping in the legal sense includes: A) determining court session protocol and procedures. B) assessing the scientific validity of potential testimony. C) counseling juries on the value of scientific evidence. D) providing instructions to the jurors before they start deliberation. 21. For a reasonable evaluation of scientific validity of potential expert testimony, one needs to have sufficient understanding of: A) court proceedings. B) jury instructions. C) research methods. D) legal terminology.

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    Page 5 22. According to the text, the term gatekeeper refers to: A) securing the courtroom. B) the sorting of various briefs for the purpose of finding relevant precedents. C) the establishment of the tiers of fact. D) the assessment of scientific validity of testimony before allowing it in trial. 23. Roles that psychologists may play in the legal system include the following: A) auxiliary judges. B) gatekeepers. C) reformers. D) parapsychologists. 24. The Daubert trilogy of cases impacts trial courts by: A) putting the burden of decisions about allowing expert testimony on trial judges. B) demonstrating that judges understand social science research and methods. C) making judges take statistics courses and regular refresher training. D) proving scientific research is well understood by all key actors in the legal system. 25. The way Daubert trilogy affected the legal system includes all of the following EXCEPT: A) judges are now more likely to exclude expert testimony, even if it's scientifically sound. B) lawyers often “shop around” for an expert who would support their side. C) superior courts are more likely to question trial judges' decisions about allowing expert testimony. D) experts are virtually never prosecuted for perjury if they provided biased and scientifically incompetent testimony. 26. According to the summary “Neuroscience in the Courtroom,” recent advances in neuroscience have: A) improved the reliability of expert witnesses. B) increased cohesiveness of jury decision making. C) made brain scans an accepted piece of evidence in trials. D) raised important questions about free will and personal responsibility.

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    Page 6 27. A psychologist testifying in court feels it is his responsibility to correctly and clearly present scientific findings, even if this may lead to an unfair verdict by the jury. According to Saks (1990), such an expert fulfills the role of: A) conduit – educator. B) philosopher – advocate. C) hired gun. D) con artist. 28. Amicus curiae briefs: A) help experts testifying in court get their point across. B) provide a way to influence the court when expert testimony is not allowed. C) summarize the questions raised by the jury during deliberation of a verdict. D) reflect scientists' lack of interest in the legal system. 29. According to the textbook, when writing amicus curiae briefs, it may be hard for psychologists to balance the goals of: A) science translation and advocacy. B) authoritativeness and leniency. C) speculation and deliberation. D) reflectivity and action orientation. 30. The roles of psychologists and their influence in the legal system created which positive changes? A) Judges now tend to be well - informed about the recent advances in psychological research. B) Judges are now more likely to accept expert testimony from psychologists as truth. C) Judges have to articulate more clearly what their decisions are based on. D) Judges often defer to the jury regarding whether the experts should be allowed to testify.

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    Page 7 Answer Key 1. D 2. B 3. A 4. D 5. C 6. C 7. A 8. D 9. D 10. A 11. A 12. B 13. B 14. A 15. A 16. D 17. C 18. B 19. C 20. B 21. C 22. D 23. C 24. A 25. C 26. D 27. A 28. B 29. A 30. C

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    Page 1 1. Which of the following scientists did NOT play a prominent role in the history of forensic psychology? A) Sigmund Freud B) Alfred Adler C) Hugo Münsterberg D) Karl Llewellyn 2. Muller v. Oregon (1908) and Brown v. Board of Education (1954) are considered landmark cases in the history of forensic psychology because they: A) clarified the role of psychologists testifying as experts. B) allowed psychologists to testify on insanity defense. C) allowed women to get mandatory high school education. D) signified the use of social science research in court rulings. 3. The legal realism movement that has re - energized the dormant field of law and social science in the late 1920s and 1930s has all of the following as its key principles, EXCEPT: A) laws reflect immutable principles found in nature. B) laws must be continually re - examined and adjusted. C) law is one of the tools to make society better. D) law is only as good as its effects. 4. In which of the following cases did the Supreme Court make explicit use of research provided by social scientists for the first time? A) Brown v. Board of Education. B) Daubert v. Merrell Dow Pharmaceuticals, Inc. C) General Electric Co. v. Joiner. D) Brandeis v. United States. 5. Which organization was founded in 1969 by psychologists who were interested in the legal system? A) American Association of Forensic Psychology. B) Association of Legal and Clinical Psychology. C) International Association of Legal Psychology. D) American Psychology – Law Society.

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    Page 2 6. All of these aspects of the adversarial legal system are uncomfortable for scientists EXCEPT: A) the desire for learning the truth. B) the focus on individual cases rather than general patterns. C) the avoidance of uncertainty. D) the promotion of a one - sided view of facts. 7. _____ tells us how people actually behave, whereas _____ tells us how people are supposed to behave. A) Law; psychology B) Psychology; law C) Science; nature D) Nature; science 8. The style of inquiry in the U.S. legal system is _____, whereas in psychology it is _____. A) advocacy; objectivity B) objectivity; empiricism C) empiricism; authority D) authority; objectivity 9. Scientific studies evaluating the D.A.R.E. program found that the program _____ because “just say no” to drugs _____. A) works well; is a highly effective slogan B) is only effective in reducing social drug use; changes brain patterns C) increases the use of alcohol and tobacco; creates an impression that substances other than drugs are not as bad in comparison D) reduces not only the use of drugs but of alcohol and tobacco as well; easily translates into saying no to other harmful substances as well 10. Which of the following is NOT one of the four guidelines established by Daubert? A) Falsifiability of the technique. B) A known error rate. C) General acceptance in the scientific community. D) Review by appellate courts.

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    Page 3 11. The Daubert standard of admissibility _____, so two different judges _____ about what meets the Daubert standard. A) is exceptionally clear and straightforward; would easily agree B) leaves plenty of room for interpretation; may disagree C) can be misinterpreted easily; may have to ask for appellate review D) is reasonably understandable; can always arrive at the same conclusion 12. Research presented in Chapter 1 suggests that most state court judges _____ their gatekeeping role established in Daubert _____ adequately define the four guidelines for admissibility. A) do not support; because they cannot B) support; and they can C) do not support; though they can D) support; whereas they cannot 13. After Daubert , judges are more likely to: A) permit expert testimony in federal cases. B) exclude expert testimony even if it's based on valid science. C) allow expert testimony, but only with regard to competency to stand trial. D) be required to obtain education in social scientific research methods. 14. Judges _____ the use of brain scans in the courtroom claiming that the scientific value of this evidence _____. A) gladly accept; is exceptional B) routinely deny; is not established C) never accept; only applies in brain injury cases D) often allow; can be correctly interpreted during expert testimony 15. Which of the following is NOT an advantage of amicus curiae briefs over expert testimony? A) Research studies cited in the brief are listed in a reference section. B) Amicus curiae briefs are typically written by a team of researchers. C) Amicus curiae briefs are often reviewed by a professional organization. D) Amicus curiae briefs are typically more expensive to produce.

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    Page 4 Answer Key 1. B 2. D 3. A 4. A 5. D 6. A 7. B 8. A 9. C 10. D 11. B 12. D 13. B 14. B 15. D

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    Page 1 1. Describe some common types of false confessions, reasons behind them, and police tactics that lead to a higher incidence of false confessions. 2. What has been the U.S. Supreme Court' s position on the use of deception by police during interrogations? How does the use of this technique compare with the use of deception during interrogations in other countries, such as England and Wales? What are some worrisome moral implications of the use of deception by police during interrogations? 3. What are some possible reforms that can be implemented in police interrogation procedures to reduce the risk of false confessions?

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    Page 2 Answer Key 1. Main points: • People falsely confess when they are tired and confused, believe the police interrogators' lies about the strong evidence against them, are young and naïve, or want to end the interrogation and sort out things later. • Police in the United States use the Reid technique to make suspects feel isolated, a sense of loss of control, and convinced that police are sure of their guilt. • Police offer exculpatory scenarios to suspects to get them to choose between an understandable, excusable, or even honorable reason for committing the crime and an immoral or depraved reason, while never considering the option of innocence. 2. Main points: • In the United States, police are allowed to use a wide range of creative ploys and lies when interrogating suspects. Short of promising the suspect a reduced sentence, police can lie about the existence of physical evidence, eyewitness testimony, expert opinions, polygraph tests, etc. • In England and Wales, the PACE act was passed that prohibits police from deceiving suspects and mandates the necessity of recording interrogations. Despite the reduced trickery by police, the rate of confessions elicited during interrogations remains the same. • If it permissible for police to lie during interrogations, they may feel it is acceptable to lying in other contexts, such as on the witness stand. This could undermine public confidence in the police and people's willingness to cooperate with police voluntarily. 3. Main points: Experts suggested the following remedies to reduce false confessions: • video recording of interrogations (including recordings from different angles and from the suspect's perspective), • time limits on interrogations, • having adult guardians present during the interrogation of minors or other vulnerable suspects, and • having experts testify in court about interrogation techniques and false confessions.

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