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Psychology and Law: An Overview | |
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What Is Law? | |
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What Is Psychology? | |
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What Is Psychology and Law? | |
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The Roots of Psychology and Law | |
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The Historical Strands of Psychology and Law | |
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Conceptualizing the Relationship between Psychology and Law | |
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Haney's Taxonomy | |
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Monahan and Walker's Proposal | |
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Conflict between Psychology and Law | |
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How Much Influence Has Psychology Exerted on Courts? | |
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Psychology and Public Policy | |
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Mental Health Policy | |
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Other Examples | |
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Conclusion | |
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References | |
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Human Behavior in the Trial Process | |
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Juries: The Current State of the Empirical Literature | |
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The Scope of Jury Research | |
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Major Jury Research Controversies | |
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Conclusion | |
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References | |
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Death Qualification References | |
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Instructions References | |
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Expert Testimony References | |
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Joinder References | |
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Witnesses to Crime: Social and Cognitive Factors Governing the Validity of People's Reports | |
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Organizing Themes | |
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Memory as One Component of Testimony | |
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Eyewitness Accounts | |
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Variables Controlling Eyewitness Accuracy | |
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The Recovery of Repressed Memories | |
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The Overall Issue | |
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The Development of Illusory Memories | |
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Evidence for Repression | |
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Memory Permanence | |
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The Credibility of Recovered Memories | |
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Conclusion | |
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References | |
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Preventing Mistaken Convictions in Eyewitness Identification Trials: The Case Against Traditional Safeguards | |
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The Extent of the Problem | |
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Voir Dire as a Safeguard against Mistaken Identifications | |
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Cross-Examination as a Safeguard against Mistaken Identifications | |
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Attorney Opportunities to Develop Identification-Relevant Information for Cross-Examination | |
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Attorney Knowledge of Factors Influencing Eyewitness Performance | |
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Jury Decision Making as a Safeguard against Mistaken Identifications | |
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Survey Studies That Test Juror Knowledge about Eyewitness Reliability | |
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Prediction Studies That Test Juror Knowledge about Eyewitness Reliability | |
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Mock-Jury Studies of Juror Decision Making--Differentiating Accurate from Inaccurate Eyewitnesses | |
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To Which Aspects of an Eyewitness Identification Are Jurors Sensitive? | |
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Conclusions about Traditional Safeguards | |
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The Alternative: Expert Testimony on Juror Sensitivity | |
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Conclusion | |
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References | |
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Forensic Assessment and Treatment | |
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Forensic Assessment | |
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The History of Forensic Psychological Assessment | |
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Emergence and Growth | |
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Challenges: The Faust and Ziskin Assault and Its Aftermath | |
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Conceptual and Empirical Developments: Making Progress but Losing Ground | |
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Assessment of Legal Competencies | |
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Adjudicative Competence | |
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Criminal Responsibility | |
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Child Custody/Termination of Parental Rights | |
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Conclusion | |
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References | |
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Predicting Violence in Mentally and Personality Disordered Individuals | |
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The Rise of Risk | |
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Systemic Reorganization | |
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Case Law | |
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Legislative Developments | |
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Research | |
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Early Studies | |
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Recent Research Advances | |
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Distinguishing between Predicting General Criminality and Violent Behavior | |
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Advances in Methodological and Statistical Techniques | |
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Advances in Substantive Knowledge | |
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The Clinical versus Actuarial Distinction | |
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Risk Markers | |
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Risk Assessment Schemes: Putting It All Together | |
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A View to the Future: Recent Theoretical and Conceptual Advances | |
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References | |
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Forensic Treatment: A Review of Programs and Research | |
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Definition and Method | |
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Forensic | |
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Treatment | |
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Jurisdiction | |
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Setting | |
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Outcomes | |
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Empirical Investigations of Forensic Treatment | |
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Hospital Settings | |
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Community-Based Forensic Treatment | |
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United States | |
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Canada | |
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British Columbia | |
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Summary of CBFT Programs and Patients | |
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Integration: Principles of Forensic Treatment | |
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Established Principles | |
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Emerging Principles | |
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Implications for Policy, Practice, and Research | |
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Policy | |
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Practice | |
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Research | |
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References | |
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Issues in Civil Law | |
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Civil Law: Employment and Discrimination | |
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Sources of Antidiscrimination Law | |
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Conduct Prohibited by Discrimination Laws | |
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The Prevalence of Workplace Discrimination Charges | |
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Legal Theories of Workplace Discrimination | |
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Theories of Liability for Workplace Discrimination | |
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Disparate Treatment | |
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Adverse Impact | |
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Statistical Proof of Discrimination | |
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Hostile Workplace Environment Discrimination | |
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Reasonable Accommodation | |
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Reprisal and Retaliation | |
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Legal Relief and Remedies for Workplace Discrimination | |
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Traditional Relief | |
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Compensatory Damages | |
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Punitive Damages | |
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The Right to a Jury Trial | |
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Affirmative Action | |
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Perceptions of Fairness and Equity in the Workplace | |
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Illusions of Distributive Justice | |
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The Myth of Merit-Based Decision Making in the Workplace | |
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Distributive and Procedural Fairness: Affirmative Action and Equal Opportunity | |
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Fairness in Objective Testing | |
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Modern Racism in the Workplace | |
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Background to Current Issues and Research | |
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Institutional Barriers to Racial Minorities | |
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Forms of Contemporary Racism | |
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Contextual Studies of Intergroup Biases | |
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Sexual Harassment in the Workplace | |
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Background to Current Issues and Research | |
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Theories of Harassment: Quid Pro Quo and Hostile Workplace Environment Claims | |
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Forms of Sexually Harassing Conduct | |
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The Influence of Individual and Social Factors on Sexual Harassment | |
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Directions for Future Research | |
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Systemic and Institutional Factors in Employment Discrimination | |
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Reducing Discrimination in the Workplace | |
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Damages Flowing from Employment Discrimination | |
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Procedural Aspects that Influence Discrimination Charges | |
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Conclusion | |
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References | |
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Best Interests of the Child: New Twists on an Old Theme | |
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Historical Standards | |
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Current Standard | |
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Application to Divorce Cases | |
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Adoption Cases | |
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Recent Headline Cases | |
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Custody Relations after Divorce or Separation | |
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Adoption Cases | |
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Suits by Older Children | |
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Psychological Literature | |
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Research on Psychological Factors | |
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Stability and Continuity | |
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Resilience | |
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Attachment | |
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Sibling Relationships | |
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Relationships with Extended Family | |
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Definitions of the Family | |
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Joint Custody | |
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Special Concerns of Adolescents | |
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Special Concerns in Adoption | |
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Research on Decision-Making Process Factors | |
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Application of Research to Recent Cases | |
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Directions for Future Research | |
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Conclusion | |
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References | |
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Ethics and Professional Issues | |
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Preparing for Two Cultures: Education and Training in Law and Psychology | |
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Periodic Flirtation or Stable Relationships? | |
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Plaudits and Problems | |
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Sources of Optimism | |
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Sources of Concern | |
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The National Invitational Conferences | |
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Issues and Goals | |
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The Continuing Controversy about Joint Programs | |
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Definitions and Aims | |
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Benefits and Costs | |
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Preparing for the Next Century | |
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Forensic Psychology | |
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Conclusion | |
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References | |
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Ethical and Legal Contours of Forensic Psychology | |
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An Introduction to Ethics and the Source of Ethical Dilemmas | |
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General Ethical Principles and Their Applicability to the Forensic Context | |
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Who Is the Client? | |
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Limits on the Scope of Practice: Competence | |
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Legal and Ethical Guidelines Governing Psychology-Patient Relationships | |
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The Duty to Disclose Information to Protect Third Parties | |
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General Information | |
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When to Report/Protect? | |
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Duty to Report Suspected Child Abuse | |
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The Admissibility of Expert Psychological Testimony | |
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Is the Admission of the Expert Testimony Relevant to the Case? | |
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Is the Probative Value of the Expert Psychological Testimony Outweighed by Its Prejudicial Impact? | |
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Will the Proposed Expert Testimony Assist the Trier of Fact in Its Determination? | |
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Does the Proposed Witness Qualify as an Expert for the Purposes of the Proposed Testimony? | |
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Conclusion | |
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References | |
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Specialty Guidelines for Forensic Psychologists | |
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Index | |