psych and law chap 9 - Chapter 9 I. Forensic Assessment in...

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Chapter 9 I. Forensic Assessment in Civil Cases a. Experts in the adversarial system i. Federal courts do not allow experts to testify about the “ultimate issue” 1. Little evidence that limiting experts’ testimony in this way has had much impact on the use or success of the insanity defense ii. Lawyers need to be further educated about scientific methodology to be able to make informed distinctions between “good” and “bad” science b. Psychological Damages to Civil Plaintiffs i. Tort-a wrongful act that causes harm to an individual 1. Criminal law seeks compensation on behalf of society— maintains society’s overall sense of justice 2. Where as, tort law provides a mechanism to redress the harms that individuals have suffered from wrongful acts by another party ii. Torts occur in situations where one individual owes a duty (an obligation) to another. (i.e. doctor to patient) iii. Also requires proving that tone part breached or violated a duty that was owed to another party either due to negligence or intentional wrongdoing iv. The violation must be have been the proximate cause of the harm suffered 1. Proximate cause-one that constitutes an obvious or substantial reason why a given harm occurred 2. A given event would be expected to cause a given outcome v. A harm, or loss, must occur and the harm has to involve a legally protected right or interest for which the person can seek to recover damages that have been suffered vi. Cases in which recovery for emotional damages was allowed, courts require that a physical injury have accompanied the psychological harm or that a plaintiff who was not physically injured was at least in a “zone of danger” 1. Recently the courts have progressed to a view that psychological symptoms and mental distress are more likely to be compensated regardless of whether the victim experienced physical injuries 2. Plaintiff must show the distress is severe-not just
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This note was uploaded on 10/01/2011 for the course PSYCH 2650 at Cornell University (Engineering School).

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psych and law chap 9 - Chapter 9 I. Forensic Assessment in...

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