IA Psych Juris key terms
IA Psych Juris · Get comfortable with the vocabulary.
- Daubert standard
- Related: Frye general acceptance test, Forensic expert witness, Ultimate issue opinion
A federal evidentiary test asking whether a scientific technique rests on testable theory, peer review, known error rates, and general acceptance; judges act as gatekeepers deciding whether expert testimony is admitted.
- Frye general acceptance test
- Related: Daubert standard
An older admissibility rule holding that a scientific method must be sufficiently established to have gained general acceptance in its relevant field before expert testimony based on it may be admitted.
- Ultimate issue opinion
- Related: Daubert standard, Mens rea
Expert testimony that speaks directly to the legal question the fact finder must decide, such as whether a defendant was sane; many jurisdictions restrict or prohibit such testimony.
- Mens rea
- Related: Actus reus, Ultimate issue opinion
The mental state element of an offense, such as intent, knowledge, recklessness, or negligence, that the prosecution must prove alongside the prohibited act.
- Actus reus
- Related: Mens rea
The prohibited physical act or omission that, combined with the required mental state, constitutes a criminal offense.
- Forensic expert witness
- Related: Daubert standard, Therapeutic jurisprudence
A psychologist or other professional who provides courts with specialized opinion testimony based on training and data, while owing a duty of impartiality rather than loyalty to the retaining party.
- Therapeutic jurisprudence
- Related: Forensic expert witness, Informed consent in forensic evaluation
A framework examining how legal rules and procedures affect participants' psychological well-being, used to evaluate whether laws and court practices help or harm the people they govern.
- Informed consent in forensic evaluation
- Related: Forensic evaluator role conflict, Miranda waiver capacity
The process of telling an evaluee, in understandable terms, the purpose of an examination, who will receive the report, limits of confidentiality, and that the evaluator is not a treating clinician.
- Forensic evaluator role conflict
- Related: Informed consent in forensic evaluation, Therapeutic jurisprudence
The tension that arises when a clinician serves both treatment and evaluation functions for the same person, because therapeutic rapport and objectivity can compromise each other; dual roles are generally discouraged.
- Test selection in forensic assessment
- Related: Symptom validity testing, Competency assessment instruments
Choosing instruments based on their relevance to the legal question, normative appropriateness for the population, reliability, validity, and known susceptibility to feigning or response bias.
- Symptom validity testing
- Related: Test selection in forensic assessment, Malingering
Use of forced-choice or embedded measures to detect exaggerated, feigned, or inconsistent symptom reporting, protecting the accuracy of forensic conclusions.
- Malingering
- Related: Symptom validity testing, Secondary gain
The intentional production or exaggeration of symptoms for an external goal such as avoiding prosecution, obtaining compensation, or securing medication, distinguished from factitious disorder and genuine illness.
- Secondary gain
- Related: Malingering
External benefits, such as money, avoidance of work, or leniency, that may motivate symptom presentation; relevant to interpreting effort and validity test results.
- Competency to stand trial
- Related: Dusky standard, Competency assessment instruments, Restoration to competency
A defendant's present ability to understand the proceedings and to assist counsel in a defense, a legal standard derived from Dusky v. United States and evaluated by mental health professionals.
- Dusky standard
- Related: Competency to stand trial, Restoration to competency
The constitutional test requiring that a defendant have sufficient present ability to consult with a lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings.
- Restoration to competency
- Related: Competency to stand trial, Dusky standard
Treatment, usually psychiatric and often inpatient, aimed at returning an incompetent defendant to a condition in which trial may proceed; involves monitoring and periodic reassessment.
- Competency assessment instruments
- Related: Competency to stand trial, Test selection in forensic assessment
Structured tools such as the MacArthur Competence Assessment Tool–Criminal Adjudication and the Evaluation of Competency to Stand Trial–Revised that standardize inquiry into understanding, reasoning, and appreciation.
- Insanity defense
- Related: M'Naghten rule, Model Penal Code insanity test, Criminal responsibility evaluation
A legal doctrine excusing criminal responsibility when mental disease or defect at the time of the offense impaired the defendant's capacity to understand conduct or know it was wrong, depending on the jurisdiction's test.
- M'Naghten rule
- Related: Insanity defense, Model Penal Code insanity test
An insanity standard asking whether, because of mental disease, the defendant did not know the nature and quality of the act or did not know it was wrong.
- Model Penal Code insanity test
- Related: M'Naghten rule, Insanity defense
A standard excusing conduct when mental disease or defect substantially impaired the defendant's capacity to appreciate wrongfulness or to conform behavior to the law.
- Criminal responsibility evaluation
- Related: Insanity defense, Mens rea
A retrospective forensic examination addressing the defendant's mental state at the time of the offense, including diagnosis, functional impairment, and its relationship to the alleged conduct.
- Miranda waiver capacity
- Related: Informed consent in forensic evaluation, Interrogation suggestibility
A suspect's ability to knowingly, intelligently, and voluntarily waive the right to remain silent and to counsel during custodial interrogation, assessed with attention to comprehension and reasoning.
- Interrogation suggestibility
- Related: Miranda waiver capacity, False confession
A person's tendency to accept and internalize misleading information or pressure during questioning, increasing risk of false confession, especially among juveniles and people with intellectual disability.
- False confession
- Related: Interrogation suggestibility
An admission to a crime a person did not commit, which may be voluntary, compliant, or internalized, and which research links to coercive interrogation tactics and vulnerability factors.
- Violence risk assessment
- Related: Structured professional judgment, Actuarial risk prediction, Protective factors
The structured process of estimating the likelihood of future violent behavior using actuarial instruments, structured professional judgment, and idiographic information about the individual and context.
- Structured professional judgment
- Related: Violence risk assessment, Actuarial risk prediction
A risk assessment approach in which evaluators rate empirically supported risk factors using guided criteria and then form a final judgment incorporating case-specific circumstances and management plans.
- Actuarial risk prediction
- Related: Structured professional judgment, Base rate
Estimating risk by mechanically combining scores on fixed risk factors using an algorithm with known accuracy, producing probability estimates rather than individualized narrative opinions.
- Base rate
- Related: Actuarial risk prediction, Violence risk assessment
The prevalence of a behavior, such as violence, in a specified population over a specified period; essential for interpreting the predictive value of risk scores.
- Protective factors
- Related: Violence risk assessment, Risk management plan
Conditions such as social support, employment, treatment engagement, and stable housing that reduce the likelihood of future violence and inform risk management planning.
- Risk management plan
- Related: Protective factors, Structured professional judgment
A concrete set of monitoring, treatment, supervision, and environmental measures designed to reduce identified risks and specify who is responsible for each action.
- Psychopathy
- Related: Violence risk assessment, Antisocial personality disorder
A personality construct marked by affective shallowness, manipulativeness, impulsivity, and antisocial behavior, measured by instruments such as the Hare Psychopathy Checklist–Revised and associated with elevated violence risk.
- Antisocial personality disorder
- Related: Psychopathy
A DSM diagnosis characterized by a pervasive pattern of disregard for and violation of others' rights, appearing in adulthood with evidence of conduct problems before age fifteen.
- Sexually violent predator commitment
- Related: Sexual recidivism risk instruments, Civil commitment standard
Civil commitment of a person after criminal sentence completion when a statute permits detention of those with a mental abnormality or personality disorder making them likely to engage in predatory sexual violence.
- Civil commitment standard
- Related: Sexually violent predator commitment
The legal criteria, typically mental disorder plus dangerousness to self or others, that must be proven, often by clear and convincing evidence, before a person may be involuntarily detained.
- Sexual recidivism risk instruments
- Related: Sexually violent predator commitment, Actuarial risk prediction
Actuarial tools, such as the Static-99R and Stable-2007, that estimate the probability of further sexual offending using static or dynamic risk factors and require careful communication of limits.
- Best interests of the child
- Related: Parenting capacity evaluation, Parental alienation allegation
The legal standard guiding custody decisions, weighing factors such as each parent's caregiving capacity, the child's needs and preferences, stability, and the quality of relationships with each parent.
- Parenting capacity evaluation
- Related: Best interests of the child, Custody evaluator impartiality
A forensic assessment of a caregiver's abilities, deficits, and circumstances relevant to meeting a child's developmental, emotional, and safety needs, typically addressing specific referral questions.
- Custody evaluator impartiality
- Related: Parenting capacity evaluation, Forensic evaluator role conflict
The requirement that a custody evaluator serve the court rather than either parent, avoiding advocacy, dual treatment roles, and bias while disclosing any prior relationships with family members.
- Parental alienation allegation
- Related: Best interests of the child
A claim that one parent has unjustifiably turned a child against the other; evaluators must assess it cautiously because the construct is contested and can distract from abuse or other explanations.
- Personal injury evaluation
- Related: Malingering, Secondary gain
A civil forensic assessment of claimed psychological injury and its cause, functional impact, prognosis, and treatment needs, often addressing causation and consistency with documented events.
- Disability determination
- Related: Personal injury evaluation
Assessment of whether a claimant's mental impairment prevents substantial gainful activity, requiring evidence of medically determinable impairment, functional limitations, and duration.
- Correctional psychology
- Related: Risk management plan, Violence risk assessment
Practice within jails and prisons covering suicide risk screening, mental health treatment, segregation monitoring, reentry planning, and management of behavior while respecting inmates' limited constitutional rights.
- Police psychology
- Related: Interrogation suggestibility, Miranda waiver capacity
Application of psychology to law enforcement, including pre-employment screening, fitness-for-duty evaluations, crisis negotiation support, stress and trauma services, and consultation on investigative practices.
- Fitness-for-duty evaluation
- Related: Police psychology
An administrative examination, usually requested by an employer, to determine whether an officer can safely and competently perform essential job functions, distinct from treatment and confidential counseling.