Deck 4: Consulting and Testifying

Question 1

Depositions are part of the ______.

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

Answer 1

B

Question 2

Which of the following is an example of an acute dynamic risk factor?

A) parental criminality
B) association with deviant peers
C) anger
D) education

Answer 2

C

Question 3

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

Answer 3

B

Question 4

The empirical literature has consistently supported the superiority of ______ data over ______ data.

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

Question 5

Jurisdiction refers to a court's ______.

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

Question 6

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 7

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

Question 8

In criminal law, a plea of nolo contendere is equivalent to a(n) ______.

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

Question 9

A family dispute involving end-of-life issues will likely be considered a ______ case.

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

Question 10

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

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

Question 11

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 12

All courts have subject matter and ______ jurisdiction.

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

Question 13

What is the primary 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 14

Substance abuse and unemployment are examples of ______ risk factors.

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

Question 15

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 16

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

Question 17

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 18

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 19

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 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

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 posttrial 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 22

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

A) prediction of dangerousness
B) violent behavior assessment
C) acute violence prediction
D) assessment of dangerousness potential

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

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 25

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 26

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 27

Duty to warn is to ______ as the general acceptance rule is to ______.

A) the Frye standard; the Tarasoff requirement
B) the Tarasoff requirement; the Frye standard
C) confidentiality; stalking
D) stalking; confidentiality

Question 28

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

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 30

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 31

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

A) 6
B) 25
C) 30
D) 50

Question 32

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 33

Focus groups and community surveys are associated with ______.

A) scientific jury selection
B) the ultimate issue
C) risk assessment
D) the Tarasoff requirement

Question 34

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 35

Dr. Park has been called as an expert witness in a child custody case. Which of the following actions would best help her prepare for the witness stand?

A) make sure to not discuss the case with the consulting attorney
B) develop 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 36

The text divides the judicial process into ______ stages.

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

Question 37

George is a 60-year-old male who has been a psychotherapy patient of Dr. Wood for 2 years. Which of the following scenarios would be most likely to cause Dr. Wood to break client/patient confidentiality?

A) George states he obsessively thinks about quitting his job.
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 20 for severe depression.

Question 38

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 39

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 understand 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 40

In which situation would 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 41

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 42

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

Question 43

A not guilty plea sets the trial process in motion.

Question 44

Research with mock juries suggests that research-based testimony is favored over clinical testimony.

Question 45

Violence risk assessments are primarily conducted in correctional institutions.

Question 46

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

Question 47

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

Question 48

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 49

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

Question 50

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

Question 51

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

Question 52

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 53

A history of research on juries indicates that the strength of the evidence presented to them is the main variable that affects their decision.

Question 54

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

Question 55

Mental health court is a type of specialty court.

Question 56

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 57

All states have trial and appellate courts.

Question 58

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 59

Empirical literature has consistently supported the superiority of clinical data over actuarial data for the prediction of violence.

Question 60

The majority of trial consultants are ______.

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

Question 61

Explain the statement "In the courtroom setting, confidentiality is not absolute."

Question 62

Provide an example of an ultimate issue. Why is there considerable debate about whether or not mental health professionals should offer opinions on ultimate issues?

Question 63

How did the death of Justice Antonin Scalia result in a higher workload for many federal courts?

Question 64

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

Question 65

Define and provide an example of an amicus curiae brief.

Question 66

Name two dynamic risk factors and two static risk factors associated with criminal behavior.

Question 67

Describe structured professional judgment.

Question 68

Identify one type of specialty court. Why are specialty courts often interesting to psychologists?