Exam 2: Adult Forensic Consultation

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The 2002 Supreme Court case Penry v.Lynaugh resulted in the mentally retarded being exempt from the death penalty.

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Expert testimony does not influence the jury's verdict.

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Do you believe that psychologists should be allowed to testify regarding the ultimate issue? Why or why not?

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Pros of ultimate issue testimony: jurors and/or judges do not have to integrate complex and technical findings without the benefit of an expert's opinion regarding the issue at hand; there is some empirical evidence that jurors and judges prefer experts to state opinions regarding the ultimate issue.Cons of ultimate issue testimony: jurors or judges may go along with the ultimate issue testimony without critically thinking about the flaws of the expert's opinion due to reliance on the opinion of the expert; causes the expert who is supposed to be objective and impartial to take on some aspects of the role of the trier of fact.

A psychologist is automatically qualified as an expert witness on the basis of his/her training and education.

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Pretrial publicity has been found to have no effect on jurors.

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Discuss the use of strict cutoff scores in the evaluation of mental retardation for capital cases.Are you in favor of them or not? Debate your position.

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Discuss your views about the CSI effect hypothesis presented in this chapter.Do you believe that jurors expect too much from forensic science?

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Discuss the Frye and Daubert standards and how they might affect the admissibility of psychological evidence.

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A forensic consultant conducting a mitigation evaluation must include only information supportive of a lesser sentence or reduced culpability in order to fulfill their ethical obli- gation to protect the defendant from potentially harmful effects from the evaluation.

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