Client confidentiality
The principle that all patients have a legal right to confidentiality and cannot discuss it outside of therapy. Regulated by HIPPA and APA, who can legally sanction therapist.
Tarasoff v University of California
Therapists have duty to warn potential targets of violent crimes.
Thompson v County of Alameda
a therapist does not have a duty to warn when a person makes nonspecific threats against nonspecific people
Jablonski v US
Therapist must warn obvious potential victims, even when they are specifically named.
Hedlund v Supreme Court of Orange County
- Therapist should predict dangerous clients (accurately)
- Therapists have to be held to a higher standard when predicting potentially dangerous clients,
-Duty to warn all obvious potential victims
Suicidal Clients
If client has history of suicidal tendencies or threats:
- Provide client with suicide hotlines
- Provide client 24hr access to therapist
- Ask permission to notify people living with client (family, friends, etc.) and notify them about suicidal state: if
will
Most times, suicidal individuals ____ grant permission to therapist to notify family/next of kin
Interrogation legal limitations
Until 1930 there were no limitations. In this years supreme court rules that physical pain and torture were not admissible in court. It changed to methods that did not leave physical marks (psychological, distress, no sleep, etc)
Miranda v Arizona
Supreme court ruled that suspects have a right not to talk to the police and right to an attorney present. Reading their "rights
Allowed during interrogations
- Lie about evidence (not in court = perjury)
- pose as cellmates
- Suggest to ask DA for lesser charge (not guarantee)
Reid Technique
Most prominent method for interrogation and design to get confessions:
- Accuse suspect's culpability "we know you did it"
- Offer plausible excuse for crime "you did it because xyz"
- Cut off denials
- Overcoming suspects exclamations: "you are clearly l
42%
of Reid interrogations leads to confessions
75%
Chance of conviction with confession: jury will believe it. Without it, is 50/50
25%
Of wrongful convictions are the result of false confessions
False Confessions
when innocent suspects confess to alleged crimes: can be instrumental coerced, instrumental voluntary, authentic coerced and authentic voluntary
Instrumental Coerced
Accused knows their are innocent, but police have convinced that no one will believe them. This is only to avoid severe punishment. (Reid technique creates this)
Instrumental Voluntary
Deliberate confession of crime suspect did not commit, in order to achieve another goal: typically to protect someone else
Authentic Coerced
Suspect comes to believe they committed the crime, particularly after long and grueling interrogations. Usually happens to suspects under the influence of drugs/alcohol and those with history of mental illness.
Authentic Voluntary
Suspect is often mentally ill or on drugs, and often due to delusions/hallucinations that they truly believe the committed a crime.
Preventing false Confessions
None are legally required:
- Video recording of interrogations (let jury decide)
- Time limits: 2hrs
- Safeguards for vulnerable suspects: minors and mentally handicapped have to have parent/guardian and lawyer
- allow expert testimony: to access veracity
4, 2
Interrogations that often lead to false confessions last ___ hrs, and average time is ___ hrs.
Eyewitness Testimony
Highly regarded in legal system and the second most "credible" source, although highly unreliable!
Inaccurate
About 75% of false convictions are due to ____ eyewitness testimony
what influences eyewitness?
time, pace, weapon focused, alcohol, unconscious transference, other race effect and memory construction
Time
The longer the witness views the suspect, the more accurately they are able to describe
Pace
The way in which the events unfold: how fast/how many steps (events). The faster the event the less acurrate eyetwitness will be
Weapon Focused
Tendency for witnesses to recall the most threatening aspects of a crime in more detail/accuracy. Also applies to voice, mask, blood, etc.
Alcohol
Witnesses that are intoxicated will not remember as many facts are those who are sober, but the facts they do remember are just as likely to be accurate: different quantity, same(ish) quality.
Unconscious Transference
when a person mistakenly identifies an innocent bystander as the perpetrator, or someone they have see before in another place
Other race Effect
the tendency to recall faces of one's own race more accurately than faces of other races: witnesses are about 20% more accurate in identifying faces of their own race
Memory Construction
Process of building up a memory over time by filling gaps and holes to make memory complete: done so by scripts and post event experiences
Memory scripts
mental representations of frequently repeated events: how a particular event is "supposed" to occur, filling the blanks
Post-event experiences
Anything that happens after an event, can alter the memory of event itself (Elizabeth Loftus experiments)
Witness Confidence
Jurors give more weight to confident witnesses, more likely to believe them. There is no correlation between confidence and accuracy.
Does not
Right to an attorney ____ extend to photo line-ups.
Suggestive Line-ups
can be overturned by appeal due to suggestiveness of obvious/clear differences (race).
Constructing line-ups
- foils similar to suspect (58% accurate).
- match to description, foils who look like description of suspect (71% accurate).
61%, 50%
The general public is ____ at accurately detecting the truth, and ____ at detecting lies.
confident, equal
Trained professionals are more ____ in their abilities to detect lies, but in reality they are _____ than general public
Perceived cues to deception
these are believed to be associated with lying:
- lack of eye contact
- touching face and hands
- shifting posture
- shrugging
- speaking quickly
Actual Cues to deception
physiological:
- increased vocal pitch
- dilated pupils
- less pleasant facial expressions
cognitive load:
- less hand gestures (more still)
- less talking in general
- provide fewer details
- longer speech latencies (time between words)
Polygraph
Modern type measures: heart rate, breathing rate and galvanic skin response (electricity). Underlying logic is that lying makes people nervous on physiological level.
Control Question Technique
physiological response to a target question compared with response to control question:
phase 1: baseline of basic questions
phase 2: control undesirable questions
phase 3: relevant questions
Guilty Knowledge Technique
Records autonomic nervous system responses to a list of control and crime-related information known only to the guilty person and the examiner(police). Requires many facts about crime that public does not know.
- 10 mult choice questions, 5 possible answe
CQT
Accuracy:
- 77% for correctly identifying guilty people, 70% for innocent people.
- 21% fail to catch guilt and 16% false confessions.
GKT
Accuracy:
- 76% for correctly identifying guilty people, 96% for identifying innocent people
Polygraph Criticisms
- anti-socials/psychopaths pass them very easily (extremely well)
- fakeable: as related to control questions, all suspect needs to do is increase arousal right after baseline. ie tackle on shoe, pain, sexual arousal
US v Frye
Polygraphs are not admissible in court unless both sides agree.
Employee Polygraph Protection Act
It is unlawful for employers to use polygraphs in employment decisions/conditions, EXCEPT: government jobs, security, anything that involves controlled substances (drugs, weapons and explosives).
FMRI Polygraph
Detects blood flow going in and out certain areas of the brain (magnetic signature). Theory is that more parts of the brain (more processes) are used to lie than to tell truth.
- get baseline of brain activity for truthful information
- then ask questions
95%
FMRI polygraphs are ____ more accurate. Testes by card exercise.
FMRI polygraph limitations
- expensive, big and bulky.
- still requires subjective interpretations and those have to be highly trained in neuroscience
- It is contradictory if they should be used in court: used for malpractice, but also polygraph agreement law?
- Some evidence of f
Forensic Identification
the process of linking a piece of physical trace evidence to an individual, usually a criminal suspect
Trace evidence
small but measurable amounts of physical or biological material found at a crime scene
Anthropometry
First identification technique related to body measurements.
Biometrics
The identification of an individual person based on measurable anatomical traits or distinctive patterns in a person's fingerprints, voice, iris, retina, or face.
Source attribution
when samples of trace evidence match samples taken from a suspect or from a tool used by the suspect, indicating that the two samples came from a common source
Individualizatoin
Conclusion that trace found at crime scene came from a source from the exclusion of all others sources
Match Plus statistics
includes statistics to determine how rare or common; places match in context
Reliability
consistency of measurement (repeatability)
Measurement Validity
whether a given measure effectively captures or represents what we are researching
People vs Wesley
DNA first introduced as evidence in us courts
Psychometrics
measurement of psychological characteristics: abilities, attitudes, and traits
Latent Prints
when fingerprints are found on a surface at the scene of a crime
one dissimilarity doctrine
the idea that no identification will be made if a single unexplained dissimilarity in two fingerprints is discovered
Contextual bias
A tendency for extraneous influences (emotions, expectations, and motivations) in the immediate environment to taint our judgments
Galvanic skin response
_____ Refers to how easily the skin conducts electricity
Predict, warn
Regarding potentially dangerous clients, therapists have a duty to _____ and _____
amount, accuracy
In witnesses, alcohol consumption tends to affect _____, but not _____.
Photo
You do not have the right to have an attorney present during a _____ line-up.
Amygdala, Thalamus
When people are lying they show more brain activity in the _____ and ______.