Chapter 1 Vocabulary

amicus curiae brief

friend-of-the-court" brief filed by a person or organization not a party to the litigation, but with a strong view on the subject matter in the case.

applied scientist

an individual whose research focuses on solving problems rather than acquiring knowledge for the sake of understanding.

basic scientist

scientist who pursues knowledge motivated by scientific curiosity or interest in a scientific question, studying a phenomenon to better understand it rather than to solve a problem

case law

the body of previous legal decisions and legal principles developed from these earlier decisions, as contrasted with statutory laws (passed by the legislative branch and approved by the executive branch. Case law develops through the courts over time, based on precedent, and tends to change slowly because of legal principle of stare decisis

crime control model

model that emphasizes the reduction of crime rates and vindicating victims' rights by the efficient detection of suspects and the effective prosecution of defendants to help ensure that criminal activity is being contained or reduced

determinate sentencing

a sentence of confinement or probation for a fixed period of time specified by statute, as contrasted with an indeterminate sentence whose duration is determined by the offenders behavior.

discretion

the ability to act according to one's own judgement and conscience. In judicial designs this refers to the judge's consideration of factors that may lead to appropriate variations in how the system responds to offenses, as opposed to a decision based on predefined legal guidelines or rules.

due process model

a perspective that emphasizes due process or procedural justice (fairness) under the law. In contrast to the crime control model, this model places stronger emphasis on defendants' rights.

equality

the principle that all who commit the same crime should receive the same consequences.

expert witness

a witness who has special knowledge beyond that of the ordinary lay person about a subject enabling them to give testimony regarding an issue that requires expertise to understand. Experts are permitted to give opinion testimony, while a non expert witness is typically limited to testimony about which they have direct knowledge through first-hand observation.

forensic evaluator

a professional role played by psychologists, psychiatrists, and social workers when providing forensic mental health assessments and expert testimony on a variety of topics related to legal questions involving mental and emotional disorder, intellectual functioning, substance abuse, and other clinical disorders, as well as capacities that are directly related to the legal question.

forensic mental health assessment

evaluations conducted by a variety of professionals including psychiatrists, psychologists, and social workers. The assessments address a wide range of questions in civil, criminal, and family law (competency to stand trial, child custody, civil commitment, capital sentencing).

forensic psychologists

these psychologists apply scientific findings and knowledge to questions and issues related to the legal system. Their work may include conducting forensic mental health assessments for courts and attorneys, providing treatment to those under the supervision of the legal system, offering consultation to law enforcement agencies and personal, and other related tasks.

implicit bias

unconscious beliefs that influence how people interpret and judge thoughts and actions.

policy evaluator

a role in which psychologists who have methodological skills in assessing policy provide data regarding the impact of such policy (e.g. degree of change, degree of effectiveness, design recommendations, observed outcomes).

precedents

rulings (or opinions) announced in a previous case that provides frameworks in which to decide a current case. The expectations that courts should abide by precedent is called stare decisis.

principle of proportionality

the principle that the punishment should be consistently related to the magnitude of the crime (punishment should fit the crime)

procedural justice

the consideration of the fairness of the methods for resolving a dispute and allocation resources.

racial bias

when police officers, prosecutors, jurors, and judges use an individual's race as the primary determinant for discretionary decisions or judgments of their behavior.

randomized controlled trials (RCT)

a research methodology in which participants are randomly assigned either to control or treatment conditions and outcomes are compared.

sentencing disparity

the differences in the decisions of different judges in sentencing for the same crime

settlement negotiation

process used to resolve (settle) civil disputes without trial, typically in private negotiations between attorneys respecting the disputing parties.

stare decisis

the legal principle emphasizing the importance of decision-making that is consistent with precedent. Literally, "let the decision stand".

trial consulting

the use of professionals trained in the social sciences to assist attorneys in preparing and presenting evidence in trial.