Download Law and Mental Health: A Case-Based Approach by Robert G. Meyer PhD, Christopher M. Weaver PhD PDF

By Robert G. Meyer PhD, Christopher M. Weaver PhD

This quantity offers vintage and modern felony situations that experience set vital precedents with regards to mental and psychological well-being matters in felony and civil lawsuits; the function of practitioners as specialist witnesses and forensic specialists; and felony issues as a rule medical perform. Engagingly written, the e-book brings to lifestyles the main points of every case and the private tales concerned, whereas additionally offering an effective creation to foundational matters within the box. Forensic and scientific execs will locate this a hugely informative source, and it'll even be valuable for undergraduate- and graduate-level classes education.

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That case, Frye v. S. (1923), remains a very influential ruling. It resulted in what would become known as the “Frye rules” for the admission of expert testimony, which assert that a technique or procedure has to have “gained general acceptance in the particular field in which it belongs” in order to be allowed into evidence. Expert Testimony and the Eyewitness 39 ESTABLISHING A DEFINITION OF EXPERTISE: FRYE V. S. (1923) James Frye, a young African American, was arrested in Washington, DC, for the murder of a prominent white physician.

Batson’s Appeal Process The appeal process for this case was particularly long and drawn out, reflecting the extensive history of prior cases involving race in the legal system. The Supreme Court of Kentucky affirmed the trial court’s decision and upheld the conviction on the grounds that, under Swain, a defendant cannot establish an equal protection violation by showing that only African American venire members were subjected to peremptory challenges in a particular trial. The Court clarified that a prosecutor could use those peremptory strikes based on race if he or she was concerned about a lack of sympathy for the prosecution case against the defendant of the same race.

What it did not do, however, was establish a minimum number of jurors. In Ballew v. Georgia (1978), the Supreme Court established six as the minimum number of jurors necessary. The following year, in Burch v. Louisiana (1979), the court rethought this decision and ruled that juries smaller than six persons are allowable. However, juries of five or fewer need to agree upon any rulings unanimously. Juries of six or more persons may disagree, at least to some degree. JURY SELECTION: ACCEPTANCE THROUGH ATTRITION While the phrase “jury selection” is typically applied to this process, it is fairer to say that potential jurors are excluded until the appropriate number remains.

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