Description
Before you delve into this week’s assignment, let’s start with a look at what a landmark case is:
Landmark decisions establish a significant new legal principle or concept or otherwise that substantially changes the interpretation of existing law. Such a decision may settle the law in more than one way:
distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of stare decisis;
establishing a “test” or a measurable standard that can be applied by courts in future decisions.
In the United States, landmark court decisions come most frequently from the Supreme Court. United States courts of appeals may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the lower court. (Landmark Cases, n.d., para. 1)
Throughout the years there have been a number of landmark court cases that have shaped the field of forensic psychology. This week you will analyze one of the below landmark court cases related to the field of forensic psychology. You can find the details of most of these cases at www.FindLaw.com or through an Internet search.
In a 2-3 page paper address the following points:
The basic facts of the case
What the court ruled
What makes this case a landmark case
A substantial discussion on the impact this case had in the field of forensic psychology
This paper should be 2-3 pages double-spaced and written in proper APA format. In addition to the minimum page count (i.e. 2 pages and 1 line minimum) you should also include a cover page and a reference page in APA format. Additionally, use a minimum of 2 sources to support your points.
The following list of forensic psychology related landmark cases is provided by the American Academy of Psychiatry and the Law (https://www.aapl.org/landmark_list.htm)
Civil Commitment
Lessard v. Schmidt, 349 F.Supp. 1078 (E.D. Wis. 1972) O’Connor v. Donaldson, 422 U.S. 563, 95 S.Ct. 2486 (1975) Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804 (1979) Parham v. JR and JL, 442 U.S. 584, 99 S.Ct. 2493 (1979) Zinermon v. Burch, 494 U.S. 113, 110 S.Ct. 975 (1990)
Confidentiality/Privilege/Privacy
Lifschutz, In Re, 2 Cal. 3d 415, 467 P.2d 557 (1970) Whalen v. Roe, 429 U.S. 589, 97 S.Ct. 869 (1977) Doe v. Roe, 400 N.Y.Supp.2d 668 (1977) Jaffee v. Redmond, 116 S.Ct. 1923 (1996) Commonwealth v. Kobrin, 395 Mass. 1004, 479 N.E. 2d 674 (1985)
Competency to Stand Trial
Dusky v. U.S., 362 U.S. 402, 80 5. Ct. 788 (1960) Wilson v. U.S., 129 U.S. App. D.C. 107, 391 F.2d 460 (1968) Jackson v. Indiana, 406 U.S. 715, 92 S.Ct. 1845 (1972) Seiling v. Eyman, 478 F.2d 211 (9th Cir Ariz. 1973) Godinez v. Moran, 113 S.Ct. 2680 (1993) Riggins v. Nevada, 112 S.Ct. 1810 (1992) Cooper v. Oklahoma, 116 S.Ct. 1373 (1996)
Criminal Responsibility
Insanity Defense MNaghten’s Case, 8 Eng. Rep.718, SEng Rep. 722, (1843) Durham v. U.S., 94 U.S. App. D.C. 228, 214 F.2d 862, (1954) Washington v. U.S., 129 U.S. App. D.C. 29, 390 F.2d 444 (1967) Frendak v. U.S., 408 A.2d 364 (D.C. 1979) Jones v. U.S., 463 U.S. 354, 103 S.Ct. 3043 (1983) Foucha v. Louisiana, 112 S.Ct. 1780 (1992)
Diminished Capacity People v. Patterson, 39 N.Y.2d 288, 347 N.E.2d 898 (1976) Ibn-Tamas v. U.S., 407 A.2d 626 (D.C. 1979) Montana v. Engelhoff, 116 S.Ct. 2013 (1996)
Psychiatry and the Death Penalty
Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866 (1981) Barefoot v. Estelle, 463 U.S. 880, 103 S.Ct. 3383 (1983) Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087 (1985) Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595 (1986) Payne v. Tennessee, 111 S.Ct. 2597 (1991) State v.Perry, 610 So.2d 746 (La. 1992)
Expert Witness Testimony Standards Frye v. U.S., 293 F. 1013 (1923) Daubert v. Merrell Dow, 61 U.S.L.W. 4805, 113 S.Ct. 2786 (1993) General Electric v. Joiner, 118 S.Ct. 512 (1997) Kumho Tire v. Carmichael, 119 S.Ct. 1l67 (1999)
Juvenile Court
Gault,In Re,387 U.S. 1, 87 S.Ct. 1428 (1967)
Reference:
Landmark Cases. (n.d.). Connections. https://connections.ca6.uscourts.gov/landmark-cases
Grading Criteria Maximum Points
Submitted a 2-3 page paper addressing the assignment prompts. 70
Included a minimum of 2 sources that are properly cited and referenced in APA format 20
Grammar, spelling, and correct APA format. 10
Total: 100
Please click on the above title link “Week 3 Assignment: Landmark Case Law Analysis” to enter and submit your assignment. Submit your paper by the end of week 3.
Many people are drawn to the field of forensic psychology with dreams of being a criminal profiler just like the ones they see on their favorite TV show or movie. Conduct an internet search to discover the realities of criminal profiling. In a 1-2 page paper make sure to cover the following:What is criminal profiling?What training and background does a person need in order to be a competent profiler?Is there any science behind the art of profiling?What controversies surround the use of criminal profiling?Discuss any other key issues that you have found in your research.
