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26 Cards in this Set
- Front
- Back
Fundamental Attribution Error
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Tendency to overemphasis dispositional(personal) explanations for individuals behavior while minimizing situational (enviro) causes
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cCanadian Charter; Miranda v Arizona
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1966
Police must inform suspects of their legal rights before interrogation -warning strenghtens protection against self-incrimination during interrogation --right to remain silent -- anything you say can and will be used against you in a court of law ---right to presence of an attorney & free counsel if required |
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True of False; Interrogation must cease if suspect invokes right to counsel before or during questioning
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True
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True or False; Miranda specifically notes that rights do not need to be waived voluntarily, knowingly and intelligently for a confessions to be considered valid
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False
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Why do only 1/5 suspects exercise rights?
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- detectives de-emphasize warnings
-innocent suspects want to show they have nothing to hide -guilty suspects dont want to appear uncooperative -may no fully appreciate they are waiving their rights |
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What are some factors that contribute to or cause false confessions?
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-use of force by law enforcements during interrogation, or perceived threat of force
-compromising reasoning abilities of the suspects, due to exhaustion, stress, hunger, substance use and in some cases mental limitations or limited education. -devious interrogation techniques; untrue statements about presence of incriminating evidence -fear on the part of the suspect, that failure to confess will yield to harsher punishments. |
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What are the 3 stages of Reid Model of Interrogation technique?
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1. Gather evidence
2. Conduct a non-accusatorial interview to assess guilt 3. Conduct an accusatorial interrogation to obtain a confession ---- stage 3 involves 9 steps |
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Can detectives detect deception?
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- even w/ training accuracy is only slightly better than with chance
-police are no more accurate than lay person, but are more confident |
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What is the psychology behind the Reid model of interrogation?
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make the anxiety associated with not confessing to the crime greater than the anxiety related to the consequences of confessing
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The 9 step method is designed to elicit a confession by....?
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-Breaking down a suspect's resistance, causing him to feel trapped and hopeless
-offering him reasons to confess that appear to improve his situations by minimizing culpability he is confesses and making his situations worse if he holds to denial |
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What are the maximization and minimization techniques of interrogation?
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Maximization: scare tactics
-emphasize seriousness of offense/charges -make false/exaggerated claims about evidence Minimization: provides false sense of security -face saving excuses, moral justification -blame victim, downplay seriousness of charges |
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False Confession
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Occurs when an individual confesses to a crime they did not commit or exaggerates their involvement in a crime they did commit
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Voluntary False Confessions
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occurs without being prompted by police
-can result from a desire for notoriety, an inability to distinguish fact from fantasy, protect real offender, need to be punished. |
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Coerced- Compliant False Confession
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Occurs in response to a desire to escape further interrogation or to gain a promised reward
-The confessors know that they DID NOT commit the crime |
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Coerced-Internalized False Confession
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Resulting from an highly suggestive interrogation
-Confessor comes to believe that they did commit the crime -Some are more susceptible to this type of confession (e.g., learning disabilities) |
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Compliance
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tendency to go along with people in authority
-factor in coerced-compliant false confessions |
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Suggestibility
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tendency to internalize information communicated during questioning
-related to coerced-internalized confessions |
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What does the Gudjosson Compliance Scale (GCS) measure?
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the tendency of compliance with requests/obeying instructions for instrumental gain
-Indicates : susceptibility to pressures from others to commit an offense |
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What does the Gudjosson suggestibility scale measure?
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Measures 2 facets of interrogative suggestibility
-tendency to yield to misleading questions -tendency to shift answer after receiving negative feedback |
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The role of compliance and suggestibility
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-Children are more suggestible; suggestibility decrease as age increase
- possibly related to likelihood of false confessions (alt key + comp crash) -related to rights comprehensions as they are more susceptible to waive rights also at increased risk for false confessions |
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What are recommendations for reducing false confessions
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-Innocence projects recommends video taping entire custodial interrogation
- evaluate suspects post-adminisson narrative to determine consistency with case facts -forbid coercive techniques (england did) -allow expert testimony about research on false confessions |
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What is required for confessions to be admissible in court?
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-Given voluntarily
-Given by a person who is competent - cannot be obtained through the use of overtly/subtle coercive tactics |
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Youth Capacity in understanding arrest rights
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-age of suspect may require special protection
-likelihood of false confessions higher for youth |
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Are youth able to waive their rights?
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-Cannot see long term consequences of their decisions, just immediate ones.
when asked what the consequences of waiving or asserting rights to silence when questioned by police -Most common answer "They might send me home tonight i say i did it" |
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Ontario juvenile warning
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8th grade reading level
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Presence of parents as substitute for lawyers ?
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- parents may not understand rights, pressure youths to talk to polie, encourage them to cooperate
-majority of parents wanted youth to confess -NO parents, in a study, told youth to remain silent and seek counsel. |