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Forensic Psychology Lacture #1
Forensic Psychology Lacture #1
Forensic Psychology Lacture #1
CPY 417
• PSYCHOLOGICAL KNOWLEDGE APPLICABLE IN
LEGAL ISSUES:
• COURSE OVERVIEW – GENERAL INTRODUCTION
• PRESENTING THE COURSE TO STUDENTS
FORENSIC PSYCHOLOGY
CPY 417
Forensic psychology is the intersection between
psychology and the justice system. It involves
understanding fundamental legal principles,
particularly with regard to expert witness testimony
and the specific content area of concern (e.g.,
competence to stand trial, child custody and
visitation, or workplace discrimination), as well as
relevant jurisdictional considerations (e.g., in the
United States, the definition of insanity in criminal
trials differs from state to state) in order to be able to
interact appropriately with judges, attorneys and
other legal professionals.
INCAPACITY TO STAND A TRIAL
• In criminal trials, the mental disorder defense or insanity
defense is the claim that the defendant is not responsible
for their actions during an episode of mental illness
(psychiatric illness or mental handicap). Exemption of the
insane from full criminal punishment dates back to at least
the Code of Hammurabi.[1] There are different definitions
of legal insanity, such as the M'Naghten Rules, the
Durham Rule, the American Legal Institute definition, and
various miscellaneous provisions (e.g., relating to lack of
mens rea).[2] In the criminal laws of Australia and Canada,
the terms defence of mental disorder or defence of
mental illness are used.
DEFENSES
• Idiot defense
• Impossibility defense
• Age of criminal responsibility in Australia
• Defense of infancy
• Innocent owner defense
• Innovative defense
• Mental Disorder (Insanity) Defense
• Intoxication defense
• Irresistible impulse
CRIMINAL DEFENSE
• The M'Naghten rules (pronounced, and sometimes spelled, McNaughton) were
a reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of
murdering Edward Drummond, whom M'Naghten had mistaken for British
Prime Minister Robert Peel.[1]
• M'Naghten fired a pistol at the back of Peel's secretary, Edward Drummond, who
died five days later. The House of Lords asked a panel of judges, presided over by
Sir Nicolas Conyngham Tindal, Chief Justice of the Common Pleas, a series of
hypothetical questions about the defence of insanity. The principles expounded
by this panel have come to be known as the M'Naghten Rules, though they have
gained any status only by usage in the common law and M'Naghten himself
would have been found guilty if they had been applied at his trial.[2][3] The rules
so formulated as M'Naghten's Case 1843 10 C & F 200[4] have been a standard
test for criminal liability in relation to mentally disordered defendants in
common law jurisdictions ever since, with some minor adjustments. When the
tests set out by the Rules are satisfied, the accused may be adjudged "not guilty
by reason of insanity" or "guilty but insane" and the sentence may be a
mandatory or discretionary (but usually indeterminate) period of treatment in a
secure hospital facility, or otherwise at the discretion of the court (depending on
the country and the offence charged) instead of a punitive disposal.
• DANIEL MCNAGHTEN RULE
THE MATRIX DEFENSE
• The Matrix defense is the term applied to several
legal cases of a defense based on the Matrix films
where reality is actually a computer generation—
simulism—and that the real world is quite
different from what reality is perceived to be.
• In using this defense, the defendant claims that he
committed a crime because he believed he was in
the Matrix, and not in the real world. This is a
version of the insanity defense and considered a
descendant of the Taxi Driver defense of
John Hinckley, one of the first defenses based on
blurring reality with the movies
MENTAL DISORDER DEFENSE
• In the criminal laws of Australia and Canada, the
defence of mental disorder (sometimes called
the defence of mental illness) is a legal defence
by excuse, by which a defendant may argue they
should not be held criminally liable for breaking
the law because they were mentally ill at the
time of the alleged criminal actions.
MISTAKE
• A mistake of fact may sometimes mean that,
while a person has committed the physical
element of an offence, because they were
labouring under a mistake of fact, they never
formed the required mens rea, and so will escape
liability for offences that require mens rea. This is
unlike a mistake of law, which is not usually a
defense; law enforcement may or may not take
for granted that individuals know what the law is.
• Because the prosecution in a criminal case must
prove the guilt of the accused beyond a
reasonable doubt, the defendant must convince
the jury that there is reasonable doubt about
whether the witness actually saw what he or she
claims to have seen, or recalls having seen.
Although scientific studies have shown that
mistaken identity is a common phenomenon,
jurors give very strong credence to
eyewitness testimony, particularly where the
eyewitness is resolute in believing that their
identification of the defendant was correct.
ABUSE DEFENSE
• The abuse defense is a criminal law defense in
which the defendant argues that a prior history of
abuse justifies violent retaliation. While the term
most often refers to instances of child abuse or
sexual assault, it also refers more generally to any
attempt by the defense to use a syndrome or
societal condition to deflect responsibility away
from the defendant. Sometimes the concept is
referred to as the abuse excuse, in particular by
the critics of the idea that guilty people may use
past victimization to diminish the responsibility for
their crimes.
ACTUAL INNOCENCE
• Actual innocence is a state of affairs in which
a defendant in a criminal case is innocent of
the charges against them because he or she
did not in fact commit the crime of which they
have been accused.
ALIBI (DISAMBIGUATION)
• An alibi is a form of defense used in
criminal procedure wherein the accused
attempts to prove that he or she was in some
other place at the time the alleged offense was
committed. The Criminal Law Deskbook of
Criminal Procedure[1] states: "Alibi is different
from all of the other defenses; it is based upon
the premise that the defendant is truly
innocent." In the Latin language alibī means
"somewhere else."
AMBUSH DEFENSE
• An ambush defence is one in which defence evidence -
notably from expert witnesses - has not been adduced in
advance to the prosecuting authorities, leading to their
inability to rebut it. The term is used in United Kingdom
jurisprudence. Since 1987, the possibility of the ambush
defence has been much reduced by The Crown Court
(Advance Notice of Expert Evidence) Rules 1987, made
under section 81 of the
Police and Criminal Evidence Act 1984, which in essence
require the defence to provide the prosecution with
copies of expert witness reports in sufficient time for the
prosecution to consider the nature of and if necessary
prepare rebuttal evidence opposing the report.
AUTOMATISM
• Automatism is a rarely used criminal defence which
denies that the accused was criminally responsible for
his or her actions. There are several limitations to the
defence of automatism in English law. Prior fault
generally excludes automatism. Intoxication generally
excludes automatism, even when involuntary. Any
defence that rests on insanity comes under the
M'Naghten Rules. Under English law internal causes of
automatism are generally judged to be insane
automatism and so result in the special verdict ('not
guilty by reason of insanity') rather than simple
acquittal.
AUTOMATISM LAW
• Automatism is a rarely used criminal defence. It is one of the mental
condition defences that relate to the mental state of the defendant.
Automatism can be seen variously as lack of voluntariness, lack of
culpability (unconsciousness) or excuse (Schopp). Automatism means that
the defendant was not aware of his or her actions when making the
particular movements that constituted the illegal act. For example, Esther
Griggs in 1858 threw her child out of a first floor window believing that
the house was on fire, whilst having a night terror.[1] Brian Thomas
strangled his wife in their campervan in a more recent case in Aberporth
in an episode of rapid eye movement sleep behaviour disorder (a disorder
related to sleepwalking), where he dreamed there was an intruder on top
of his wife. The defence of automatism is denying that the person was
acting in the sense that the criminal law demands. As such it is really a
denial-of-proof – the defendant is asserting that the offence is not made
out. The prosecution does not have to disprove the defence as is
sometimes erroneously reported; the prosecution has to prove all the
elements of the offence including the voluntary act requirement.
Automatism is a defence even against strict liability crimes like dangerous
driving, where no intent is necessary.
DIMINISHED RESPONSIBILITY
• In criminal law, diminished responsibility (or
diminished capacity) is a potential defense by
excuse by which defendants argue that although
they broke the law, they should not be held fully
criminally liable for doing so, as their mental
functions were "diminished" or impaired. The
defense's acceptance in American jurisdictions
varies considerably. The majority of states have
adopted it by statute or case decision, and a
minority even recognise broader defenses such
as 'irresistible impulse'.
DURESS
• In jurisprudence, duress or coercion refers to a
situation whereby a person performs an act as a
result of violence, threat or other pressure against
the person. Black's Law Dictionary (6th ed.) defines
duress as "any unlawful threat or coercion used... to
induce another to act [or not act] in a manner [they]
otherwise would not [or would]". Duress is pressure
exerted upon a person to coerce that person to
perform an act that he or she ordinarily would not
perform. The notion of duress must be distinguished
both from undue influence in the civil law and from
necessity.
IDIOT DEFENSE
• The idiot defense is a satirical term for a legal strategy where
a defendant claims innocence by virtue of having been
ignorant of facts of which the defendant would normally be
expected to be aware. Other terms used for this tactic include
"dumb CEO defense," "dummy defense," "ostrich defense,"
and "Sergeant Schultz defense."
• The term was popularized as a result of a number of high-
profile corporate accounting scandal defendants claiming that
all wrongdoing was performed by others, without the
defendant's knowledge or consent. Attorneys for these
defendants claimed that their skill was in valuation and deal-
making, and that they lacked the training to recognize
fraudulent accounting practices they claimed that they would
have needed. However, in many cases the defendants'
subordinates testified that the defendants ordered them to
falsify the accounts.
IMPOSSIBILITY DEFENSE
• An Impossibility defense is a criminal defense
occasionally used when a defendant is accused of
a criminal attempt that failed only because the
crime was factually or legally impossible to
commit. Factual impossibility is rarely an adequate
defense at common law. In the United States,
thirty-seven states have ruled out factual
impossibility as a defense to the crime of attempt.
This is not to be confused with a 'mistake of fact'
defense, which may be a defense to a specific
intent crime like larceny.
CRIMINAL AGE