filmeu

Class Testimonial evidence and non-legal reasons for the decision

  • Presentation

    Presentation

    Testimony Psychology, mistakenly represented by psychologists as an area located only in basic processes, is of the utmost importance for psychologists and, very particularly, for criminologists, focusing not only on those processes, but on forensic and judicial dynamics and grammar.
    
    The uc  Juridical Motivations of Decision and Testimonial Evidence is located at the intersection of psychocriminal and legal evidence, requiring teaching with a very strong practical basis and with personal and direct knowledge of the dynamics of the trial and the motivational framework of judges
  • Code

    Code

    ULHT6358-23396
  • Syllabus

    Syllabus

    Psychology of Testimony: notion, historical roots, scope.

    Contribution of Psychology in the assessment of testimony. Credibility and reliability. Nature of testimonial evidence. Judicial truth, material truth and lie.

    Basic psychological processes.

    Memory in the testimony: stages and types. False memories and implanted memories. Identification and recognition of people. Variables: to estimate and the system.

    Interrogation techniques.

    The familiar faces: motives. The mechanism of unconscious transference. Robot portrait: with and without the interviewee's participation.

    Child testimony.

    Discursivities: verbal and non-verbal communication. Scope of discourse and intradiscourse.

    Declaration analysis: methods and techniques. Practical relevance.

    Construction of the decision process: the cognitive path designed by the judge. Psychology of Sentencing not legal Motivations (PSIMAS). Sentencing.

    Construction of specific instruments; ecological application.

    Research results.

    Practical cases.

  • Objectives

    Objectives

    It aims to provide students with skills in the field of judicial grammar, providing them with skills to:

    (i) To access the judgment context from the perspective of the relevance assumed by the testimony as an interactive means of proof;

    (ii) To capture the dynamics of a trial, especially with regard to depositions;

    (iii) To identify the contradictions of the narratives in the audience;

    (iv) To know the most visible signs of the emotions that pass through the court;

    (v) To understand the concepts of verbal and non-verbal communication;

    (vi) Perceiving the magistrates' adherence to certain statements, recognizing the reasons;

    (vii) Use specific instruments.

    To do so, students will need to know the basic concepts about basic psychological processes, being able to put them at the service of understanding the dialectical object of testimony (event) - subject deponent (witness) and to understand the conversion of the event into what happened (act in the witness's narrative).

  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    In this UC, the transmission of knowledge is privileged through three means: (i) expository method; (ii) debates with professors, lawyers and magistrates on real cases and their deconstruction; and, (iii) court visits to attend hearings, observation training and application of instruments. Assessment: The assessment is divided into the work carried out, with participation in three initiatives promoted or supported by the course being mandatory, with the preparation of a report for each activity (50%) and the completion of an attendance (50%).

  • References

    References

    Ashworth, A. (2010). Sentencing and Criminal Justice. UK: Cambridge UP.

    Brinke, L., Stimson, B. et al. (2014). Some evidence four unconscious lie detection. In Psich. Science 25.5, 10-98.

    Davies, G. (2012). Interviewing Child Complainants Of Sexual Abuse: English Lessons? In C. Poiares (Ed.) Manual de Psicologia Forense e da Exclusão Social, I. Lisboa: Edições Universitárias Lusófonas, 283-298

    Gelfert, A. (2014). Critical Introduction to Testimony. London: Bloormsbury

    Lindsay, R., et al. (2007). The Handbook of Eyewitness Psychology, 2. Mahwah: Lawrence Erlbaum

    Poiares, C. e Louro, M. (2012). Psicologia do Testemunho e Psicologia das Motivações Ajurídicas do Sentenciar. In C. Poiares (Ed.) Manual de Psicologia Forense e da Exclusão Social, I. Lisboa: Edições Universitárias Lusófonas, 105-129.

    Sacau, A. et al. (2012). A Tomada de Decisão Judicial em Contexto Criminal. In C. Poiares (Ed.) Manual de Psicologia Forense e da Exclusão Social, I. Lisboa: Edições Universitárias Lusófonas 75-98

     

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