Chapter 1 –Terms and Vocabulary
amicus curiae brief
A “friend-of-the-court” brief filed by a person or organization not a party to the litigation, but with a strong view on the subject matter in the case.
applied scientist
An individual whose research focuses on solving problems rather than acquiring knowledge for the sake of understanding (see basic scientist).
basic scientist
A scientist who pursues knowledge motivated by scientific curiosity or interest in a scientific question, studying a phenomenon to better understand it rather than to solve a problem.
case law
The body of previous legal decisions and legal principles developed from these earlier decisions, as contrasted with statutory laws (passed by the legislative branch and approved by the executive branch). Case law develops through the courts over time, based upon precedent, and tends to change slowly because of the legal principle of stare decisis.
crime control model
The model that emphasizes the reduction of crime rates and vindicating victims’ rights by the efficient detection of suspects and the effective prosecution of defendants, to help ensure that criminal activity is being contained or reduced.
determinate sentencing
A sentence of confinement or probation for a fixed period of time specified by statute, as contrasted with an indeterminate sentence whose duration is determined by the offender’s behavior.
discretion
The ability to act according to one’s own judgment and conscience. In judicial decisions, discretion refers to a judge’s consideration of factors that may lead to appropriate variations in how the system responds to offenses, as opposed to a decision based on predefined legal guidelines or rules.
due process model
A perspective that emphasizes due process or procedural justice (fairness) under the law. In contrast to the crime control model, this model places stronger emphasis on defendants’ rights.
equality
The principle that all who commit the same crime should receive the same consequences.
expert witness
A witness who has special knowledge beyond that of the ordinary lay person (juror) about a subject enabling him or her to give testimony regarding an issue that requires expertise to understand. Experts are permitted to give opinion testimony, while a nonexpert witness is typically limited to testimony about which he or she has direct knowledge through first-hand observation.
forensic evaluator
A professional role played by psychologists, psychiatrists, and social workers when providing forensic mental health assessments and expert testimony on a variety of topics related to legal questions involving mental and emotional disorder, intellectual functioning, substance abuse, and other clinical disorders, as well as capacities that are directly related to the legal question.
forensic mental health assessment
Evaluations conducted by a variety of professionals including psychiatrists, psychologists, and social workers. The assessments address a wide range of questions in civil, criminal, and family law (e.g., competency to stand trial, child custody, civil commitment, capital sentencing).
forensic psychologists
These psychologists apply scientific findings and knowledge to questions and issues related to the legal system. Their work may include conducting forensic mental health assessments for courts and attorneys, providing treatment to those under the supervision of the legal system, offering consultation to law enforcement agencies and personnel, and other related tasks.
policy evaluator
A role in which psychologists who have methodological skills in assessing policy provide data regarding the impact of such policy (e.g., degree of change, degree of effectiveness, design recommendations, observed outcomes).
precedents
A ruling (or opinion) announced in a previous case that provides a framework in which to decide a current case. The expectation that a court should abide by precedent is called stare decisis.
principle of proportionality
The principle that the punishment should be consistently related to the magnitude of the offense. (punishment should fit the crime)
procedural justice
The consideration of the fairness of the methods for resolving a dispute and allocating resources.
racial bias
When police officers, prosecutors, jurors, and judges use an individual’s race as the primary determinant for discretionary decisions or judgments of his or her behavior.
sentencing disparity
The differences in the decisions of different judges in sentencing for the same crime.
settlement negotiation
Process used to resolve (settle) civil disputes without a trial, typically in private negotiations between attorneys representing the disputing parties.
stare decisis
The legal principle emphasizing the importance of decision making that is consistent with precedent; literally, “let the decision stand.”
trial consulting
Social scientists who work as jury selection consultants, conduct community attitude surveys, prepare witnesses to testify, advise lawyers on their presentation strategies, and conduct mock trials.