Deck 4: Consulting and Testifying

Question 1

Research suggests that jurors prefer testimony based on __________data.

A) actuarial
B) clinical
C) antecedent
D) statistical

Answer 1

clinical

Question 2

According to research by Heilbrun et al. (2002), all of the following are concerns with actuarial instruments except they

A) may include legally unacceptable risk factors.
B) often have a restricted definition of violence.
C) focus on a small number of factors.
D) are too generalizable to other contexts.

Answer 2

are too generalizable to other contexts.

Question 3

Substance abuse and unemployment are examples of __________ risk factors.

A) dynamic risk
B) static risk
C) actuarial risk
D) instrumental

Answer 3

dynamic risk

Question 4

Which violence risk assessment instrument is an actuarial measure designed for adult male sex offenders?

A) Static-99
B) ERASOR
C) HCR-20
D) SAVRY

Question 5

The four stages of the judicial process are

A) criminal, civil, appellate, and supreme.
B) pretrial, trial, disposition, and appeals.
C) arrest, arraignment, deposition, and sentencing.
D) investigation, preliminary, intermediate, and incarceration.

Question 6

Which 1996 case recognized the importance of the psychotherapist-patient confidentiality?

A) Jaffe v. Redmond
B) Frye v. U.S.
C) Jenkins v. U.S.
D) Bowers v. Hardwick

Question 7

Which factor, associated with antisocial behavior, is an acute dynamic risk factor?

A) Parental criminality
B) Association with deviant peers
C) Anger
D) Education

Question 8

In criminal law, a plea of nolo contendre is equivalent to a(n)

A) deposition.
B) arraignment.
C) guilty plea.
D) not guilty plea.

Question 9

Which choice best explains the intention of the dual-court system?

A) To limit power of the federal courts and enhance power of smaller courts
B) To address criminal cases and complex civil cases
C) To simplify the federal court system
D) To recognize the unity of the nation and the sovereignty of individual states

Question 10

Which federal case was instrumental in allowing psychologists to serve as expert witnesses in matters involving criminal responsibility?

A) Jenkins v. U.S.
B) Harlow v. U.S.
C) Nixon v. Indiana
D) Jackson v. U.S.

Question 11

Depositions are part of the:

A) arraignment.
B) discovery process.
C) nolo contendere plea.
D) initial appearance.

Question 12

A lawyer who strikes a potential juror due to a gut feeling that the person will not be sympathetic to a client is utilizing a(n)__________ challenge.

A) honorary challenge
B) action of retrospection
C) challenge for cause
D) peremptory challenge

Question 13

All courts have subject matter and __________ jurisdiction.

A) limited
B) general
C) appellate
D) geographical

Question 14

The central issue in Atkins v. Virginia involved

A) scientific jury selection.
B) execution of intellectually disabled individuals.
C) mental health courts.
D) incarceration of juvenile sex offenders.

Question 15

Jurisdiction refers to a court's

A) authority.
B) constitutional basis.
C) geographical location.
D) structure.

Question 16

What is the most common role of a forensic psychologist at the appellate stage?

A) Providing profiling testimony
B) Testifying about competency issues
C) Evaluating a defendant's competency to stand trial
D) Filing amicus curiae briefs

Question 17

A family dispute involving end of life issues will likely be considered a(n) __________ case.

A) bench
B) medical
C) criminal
D) civil

Question 18

What is the distinction between civil and criminal courts?

A) The type of case being heard
B) The experience level of the presiding judge
C) The stages of the judicial process
D) The size of the court's geographical jurisdiction

Question 19

Most cases that reach the courts are __________ rather than __________.

A) criminal; civil
B) appellate; geographical
C) civil; criminal
D) geographical; appellate

Question 20

Until the 1960s, __________were the only mental health experts recognized in many courts.

A) clergy
B) social workers
C) psychologists
D) psychiatrists

Question 21

Which forensic psychology practice has increased as a direct result of concerns about workplace and school violence?

A) Ultimate issue testimony
B) Trial consulting
C) Jury selection
D) Risk assessment

Question 22

In federal courts, the Daubert standard for the admission of expert testimony has replaced the __________standard.

A) Jenkins
B) Kumho Tire
C) Joiner
D) Frye

Question 23

The term bench trial is synonymous with the term

A) criminal trial.
B) trial by jury.
C) preemptory challenge.
D) court trial.

Question 24

Approximately how many states have adopted Daubert-like criteria for the admission of scientific evidence?

A) Six
B) Twenty-five
C) Thirty
D) Fifty

Question 25

What is the role of an expert witness?

A) To help the judge or jury make decisions that are beyond knowledge of the typical layperson.
B) To explain the myriad psychological effects of highly traumatic events.
C) To provide testimony on the ultimate issue.
D) To advocate for the rights of a falsely-accused defendant.

Question 26

In which situation would an expert witness testimony be most influential?

A) A pretrial hearing involving competency to stand trial
B) A jury trial involving child custody
C) A jury trial involving the effects of pornography on adolescents
D) A bench trial involving credibility of an eyewitness

Question 27

Which statement most accurately summarizes research findings on eyewitness testimony?

A) The more certain a witness is, the more accurate the information.
B) Eyewitness testimony is often fabricated.
C) Eyewitness testimony is often inaccurate.
D) The less detailed the testimony, the more accurate the information.

Question 28

According to Boccaccini (2002), witness education, attorney education, and modification of testimony delivery are components of

A) expert testimony.
B) risk assessment.
C) witness preparation.
D) jury selection.

Question 29

Research suggests that expert testimony would be most influential in which situation?

A) Expert testimony regarding whether or not to civilly commit a sex offender at the post-trial stage
B) Expert testimony about a defendant's competence to be executed at the sentencing stage
C) Expert testimony concerning which parent should be given custody at the trial stage
D) Expert testimony pertaining to the dangerousness of a defendant at the pretrial stage

Question 30

Which term is often preferred by forensic psychologists who are involved in predicting violent behavior?

A) Prediction of dangerousness
B) Clinical assessment
C) Acute violence prediction
D) Assessment of dangerousness potential

Question 31

Which three significant Supreme Court decisions comprise the Daubert standard?

A) Daubert v. General Electric, Frye v. Kumho Tire, Jenkins v. Joiner.
B) Daubert v. Frye, Jennings v. Kumho Tire, Joiner v. General Electric.
C) Carmichael v. Daubert, General Electric v. Hauser, Joiner v. Merrill Lynch.
D) Daubert v. Merrill Dow Pharmaceuticals, General Electric Co. V. Joiner, Kumho Tire Co. v. Carmichael.

Question 32

Dr. Park has been called as an expert witness in a child custody case. Research on surviving the witness stand suggests she should do which of the following actions?

A) Make sure to not discuss the case with the consulting attorney
B) Prepare well organized PowerPoints
C) Defend herself against cross examination by reciting her credentials and expertise
D) Mirror the facial expressions and body language of the presiding judge

Question 33

A proceeding in which a witness is questioned under oath and in the presence of a court reporter is called a(n)

A) deposition.
B) disposition.
C) voir dire.
D) initial appearance.

Question 34

George is a sixty year old male who has been a psychotherapy patient of Dr. Wood for two years. Which of the following scenarios would likely cause Dr. Wood to break client/patient confidentiality?

A) George states he obsessively thinks about having sex with his sister-in-law.
B) George threatens to kill his ex-wife's boyfriend.
C) George reports that he has a history of sleeping with prostitutes.
D) George acknowledges that he was institutionalized at age twenty for severe depression.

Question 35

The Frye Standard is referred to as

A) proof of intent.
B) the rejection rule.
C) the general acceptance rule.
D) risk of responsibility.

Question 36

What is the American Psychological Association's stance on ultimate issue testimony?

A) The APA states that psychologists should only provide ultimate issue testimony when requested by the court.
B) The APA states that psychologists should only provide ultimate issue testimony on cases involving the welfare of a minor child.
C) The APA discourages psychologists from providing ultimate issue testimony.
D) The APA has not taken a stance on the matter of ultimate issue testimony.

Question 37

Which statement is a significant finding from Kovera et al.'s study of judges and attorneys?

A) Both judges and attorneys were able to differentiate between valid and flawed research.
B) Judges were more apt to understood sample sizes and attorneys understood control groups.
C) Attorneys were more familiar with the scientific method than were the judges.
D) Judges admitted flawed research at the same rates as they admitted valid testimony.

Question 38

The term shadow jury refers to

A) a group of people similar in demographics to persons on the actual jury.
B) all of the potential jurors who were called but eventually rejected for jury duty.
C) the standby or alternate jurors who listen to the evidence and may eventually be involved in the deliberation.
D) jurors whose body language indicates they are leaning toward a guilty verdict.

Question 39

The text divides the judicial process into _____ stages.

A) two
B) four
C) seven
D) nine

Question 40

Dr. Marcus is a consultant for DecisionQuest. What does she likely do?

A) Trial consulting
B) Risk assessments
C) Forensic investigations
D) Political consulting

Question 41

The majority of criminal cases go to trial, while the majority of civil cases are resolved through negotiation.

Question 42

The process of scientific jury selection often includes focus groups and surveys.

Question 43

The majority of trial consultants are

A) psychiatrists.
B) psychologists.
C) attorneys.
D) physicians.

Question 44

What is the ultimate issue? What, if any, is the consensus among psychologists regarding ultimate issue testimony?

Question 45

A well-trained psychologist can accurately predict whether or not an individual will be dangerous in all situations.

Question 46

Which of the following is a primary difference between a lay witness and an expert witness?

A) A lay witness testifies under oath whereas an expert witness does not.
B) A lay witness can be videotaped whereas an expert witness cannot.
C) An expert witness can offer an opinion whereas a lay witness cannot.
D) An expert witness must answer the ultimate issue question whereas a lay witness does not.

Question 47

All states have trial and appellate courts.

Question 48

According to Tarasoff requirement, patient therapist confidentiality may be broken if a patient sues a therapist.

Question 49

Mental health court is a type of specialty court.

Question 50

When do judges typically apply the Daubert standard?

A) When an attorney challenges the introduction of evidence
B) When the Frye standard does not apply
C) When the science is flawed
D) When the defendant pleads not guilty by reason of insanity

Question 51

When preparing to testify in court, it is important that an expert witness

A) provide obtuse answers when being questioned.
B) prepare a list of jokes to share in case levity is needed.
C) clearly identify his or her personal investment in the case.
D) maintain composure.

Question 52

The Jenkins Standard is also referred to as the general acceptance rule.

Question 53

Amicus curiae briefs are filed at the disposition stage of the court process.

Question 54

Violence risk assessments are primarily conducted in correctional institutions.

Question 55

Who is the client when the court asks a clinician to evaluate a defendant?

A) The judge
B) The defendant
C) The defense attorney
D) The court

Question 56

A not-guilty plea sets the trial process in motion.

Question 57

Most cases that reach the courts are criminal.

Question 58

Numerous recent research studies support the superiority of actuarial data for the prediction of violence.

Question 59

The first stage of the jury selection process is referred to as the voir dire.

Question 60

Define the term amicus curiae brief. Who typically files these briefs and for what reasons?

Question 61

Describe actuarial predictions, clinical predictions, and structured professional judgment. What does the research tell us about each in relation to risk assessment?

Question 62

The U. S. Supreme Court decides whether or not to accept a case. How is this relevant to psychologists?

Question 63

Explain the purpose of a dual court system.

Question 64

Compare and contrast the Daubert standard and the Frye standard for evaluating expert testimony.

Question 65

Explain the statement "In the courtroom setting, confidentiality is not absolute." Do you agree with this assertion? Why or why not?

Question 66

Discuss the main concerns of trial consultation.

Question 67

Explain reasons a therapist may be critical of the Tarasoff requirement.

Question 68

Discuss how an expert witness's credentials may affect the outcome of a case. Provide an example in your answer.

Question 69

Describe the four levels of federal courts.

Question 70

Describe the relationship between trial consultants and a defendant's financial situation. What concerns does this present?