SSC 324 Psychology in the Courtroom (= UCSSCPSY32)

Content

Osiris code: UCSSCPSY32

This course is about the use of  psychology in the courtroom. Which areas of psychology are relevant to the legal process, both civil and criminal? What psychological  knowledge is sufficiently reliable to be presented in court? How do we present it? What are courts (judges and juries) doing with this knowledge? Some examples of relevant psychological fields are: fitness to stand trial; responsibility, accountability, free will and criminal intent; reliability of witness testimony, especially with regard to perception and memory; the false memory syndrome; interrogation techniques; hypnosis; confessions; speaking the truth and lying; legal proof and the beyond-reasonable-doubt critrion; legal reasoning and decision making; punishing; protection of intellectual property such as slogans or trade marks; damage claims, especially psychological damage; guilt and liability; criteria for reliable expertise.

We will discuss these issues on the basis of current literature, but especially by analysing case files, either published in the open domain, or from my own collection. The emphasis will always be on the possible contribution by the psychologist as an expert witness. All issues will be considered in a comparative context. Students will be encouraged to consider the various laws, regulations, or habits, in their home countries.

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Aim

  1. The course will provide the students a better understanding of the scientific standards that are needed for psychological expertise to be presented in applied environments, such as the courtroom.
  2. The course will provide an insight in the current knowledge in the area of Law & Psychology
  3. The course will provide an insight in the nature of expert testimony; its power and limitations; its use and abuse.
  4. The course will provide a cross-section of issues in civil and criminal law, to which psychologists have addressed themselves.
  5. The course will provide a little training in acting as an expert-witness.

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Course Proceedings

The general organization of the course is that on Monday we discuss a theme, based on the reading of some written document. We define problems and questions. Students are assigned to find answers to these questions, either by reading additional material or by searching the internet. The answers are discussed in the Thursday meetings. Two or three students get the assignment to look at a concrete case and to prepare their appearance in a 'moot court' in the role of interrogator or expert. The cases will be taken from my personal collection of cases in which I appeared as the expert witness. The course will be taught in two blocks of 7 weeks. The remaining week will be used for the discussion and completion of the final papers.

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Evaluation/Assessment

Students will be graded for:

  1. Class attendance, participation, and the weekly answers to questions (40%)
  2. Preparation and presentation of export testimony on a specific case (20%)
  3. Term paper (20%)
  4. Final open book exam (20%).

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Course Material

  • The Popular Policeman and Other Cases / W.A. Wagenaar, H.F.M. Crombaq, 2006
  • Reader

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Prerequisites

One needs to have followed one of the following courses in order to take this course:
We recommend to take the following courses before starting this course:

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Weekly Overview

week topic
1 General explanation of the course content and organization. Introduction to some important notions
2 When can science be presented in court?
3 How do scientists apply their general knowledge to specific cases?
4 The establishment of personality facts; what can be stated by the expert, what is to be decided by the court
5 The influence of life events on the behavior of defendants.
6 The discussion on recovered memories
7 Can a theory be proven by means of case histories?
8 The usefulness of the CBCA technique in distinguishing between truthful and fabricated allegations. Allegation of sexual child abuse in a case of disputed visitation. An interdisciplinary consensus statement
9 Reliability and credibility of young children's reports
10 The Psychology of Confession Evidence
11 The diagnosis of Multiple Personality disorder
12 Consumer Confusion
13 Ten cases of eyewitness identification
14 Memory

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