1Forensic NeuropsychologyForensic NeuropsychologyIntroduction to the Legal SystemIntroduction to the Legal SystemMay 15, 2008May 15, 20082Law and Mental HealthDomains of interaction– Competency»Criminal»Civil–Criminal responsibility–Mental injury–Juvenile, family mattersMental health professionals as expertsLaw-mental health organizations–American Psychology-Law Society (APA Div. 41)–American Academy of Forensic Psychology3LawyerLawyer-Psychologist InteractionsPsychologist InteractionsTraining Issues–few psychologists with specific legal training–few lawyers knowledgeable about psychologyAttitudinal Differences–emphasis on civil liberties vs. trying to helpFree-Will vs. DeterminismSimple vs. Multiple Causation45When Worlds CollideWhen Worlds CollidePsychologists and attorneys often operate according to different philosophiesPsychologists and attorneys frequently use evidence differentlyPsychologists and attorneys often have different ideas about causationPsychologists and attorneys operate according to different rules6Paradigm ConflictsFree Will vs. Determinism– can’t differentiate behavior which is “forced” or “overborne” vs. freely chosen– example: “voluntary” behavior and the law of effect– example: “voluntary” intoxication7Probability ConflictsProbability ConflictsPsychological “proof” is probabilistic, rarely absoluteLegal “proof” is probabilistic, then absolute–Preponderance of evidence (51%)–Clear and convincing evidence (≈75%)–Beyond a reasonable doubt (95%)–After burden is met, decision is binary and absolute (absolutely guilty, absolutely liable, etc.)8Paradigm Conflicts (contParadigm Conflicts (cont’d)Process of Fact-Finding
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