Law & Psychology

Front 1

1. Which agent of the criminal justice system has the most responsibility for dealing with the accused from the time they are taken to jail and until their sentencing?

Back 1

The prosecutor

Front 2

2. What responsibilities does the prosectuor have?

Back 2

1. Recommend an amount of bail
2. Decide whether to press charges
3. Decide how to negotiate with defendent and defense council

Front 3

3. By when did all the states establish the office of public prosecutor?

What are some characteristics of the prosecutor?

Back 3

1785

Must be a lawyer, an elected official, and usually in beginning or middle of career

Front 4

4. Why do assistant prosecutors often develop close and personal relationships w/ trial judges?

Two reasons?

Back 4

1. They have continual daily contact and can come to an understanding regarding problems processing routine caes

2. Judges are inclined to help inexperienced prosecutors

Front 5

5. Besides the judge who else does the prosecutor have social-exchange relations with?

Back 5

1. Police: dependent on to recieve cases and quality evidence

2. Defense attonernys: plea bargaining

3. Public: they are elected officials

Front 6

6. In what four roles does the prosecutor act?

Back 6

1. Administrator
2. Advocate
3. Judge
4. Legislator

Front 7

7. How does the prosecutor act as an adminstrator?

What is the major facotr in the decision on how to handle a particular case?

Back 7

Want to dispose of as many cases as possible quickly and efficiently

The probable amount of time the case would require if it went to trial

Front 8

8. How does the prosecutor act as an advocate?

Back 8

Goals are to have a high proportion of convictions and have severe sentences impose for those convictions

Front 9

9. How does the prosecutor act as a judge?

Back 9

Seek to do the "right thing" for the defendent in light of his or her situation

Right thing will only be done if defendant pleads guilty

Front 10

10. How does the prosecutor act as a legislator?

Back 10

They may decide if a law is too harsh to grant concessions to all defendents accused of violating that law

Front 11

11. What is the "initial appearance"?

Back 11

When a suspect is first taken before a magistrate for a proceeding called the initial appearnance

Front 12

12. What can the magistrate do for minor cases?

Back 12

He or she can actually try the case, accept a plea of guilty, and levy a fine

Front 13

13. What is the magistrate limited to doing for most misdeamonrs and felonies?

Back 13

1. Review evidence to ensure there is probable cause

2. Detemine whether accused should be released from jail or maintained in custody while awaiting further proceedings
("bail setting decision")

Front 14

14. What three functions does retaining the accused in custody serve?

Back 14

1. Ensures defendent will be at trial
2. Guarantees accused won't commit any more crimes before the trial
3. Placates the public thus punishing a suspected offender (important for heinous crimes)

Front 15

15. What is conventional bail?

Back 15

The setting free of persons arrested or imprisoned in exchange for:

1. Their promise that they will appear
AND
2. An amount of money that will be forfeited to the court if they do not appear

Front 16

16. What type of bond is used for minor offenses (disorderly conduct, drunken driving, etc.)?

Back 16

"Cash Bond"

The defendent deposits w/ the court the entire amount of bail set

If they appear the cash is returned if not, it's forfeited

Front 17

17. What is a second more common type of bail called?

Back 17

"Bondsman Release"

The defendant pays a fee to a professional bondsman (about 10% to 30% of bond amount, often w/ collateral) in exchange for bondsman acting as guarantee for the entire amount

Front 18

18. What is the third type of bond used in some jurisdictions that is a compromise between the two?

Back 18

Accused pays only a percentage (10% usually) of the amount of bail in cash to the courts

In effect the court is acting as the bondsman

Front 19

19. What are the main considerations invovled in these form of bail?

Back 19

Severity of crime and accused's criminal record

Assumption is more severe the crime and the longer the criminal record, the more the defendent will desire to escape punishment and less likely he or she will appear at court

Front 20

20. What are the two types of bonds that do not require the posting of money?

Back 20

Unsecured appearance bond

Release on own recognizance

Front 21

21. What is unsecured appearance bond?

Back 21

Defendants promise to pay a certain amount of money if they do not appear when required

Front 22

22. What is released on own recognizance?

Back 22

After investigation of background, defendants sign a promise to appear but no financial penalty is involved if they do not show up

Front 23

23. What is examine when either of these two types of bails are used?

Back 23

Defendants local ties

Front 24

24. What are local ties?

Back 24

Aspects of the defendant's life that link him or her to the local community thus lowering the probability that he or she will flee if released

Front 25

25. What things are included in local ties?

Back 25

1. The accused lives in the local area
2. Accused is employed
3. Responsible perons can vouch for his or her reliability, reputation, character, and mental condition

Front 26

26. How did the Manhattan Bail Project contribute to the use of ROR?

Back 26

By providing the judge w/ more info about the accused and by using a point system the Manhattan Bail Project found that many persons who previously would have been held in custody could be released safely on their promise to appear in court

Front 27

27. What results did they find about the trial outcomes for those who were released ROR?

Back 27

60% were acquitted or had their case dismissed during the first year

Only 23% of control group not released had similiar results

Front 28

28. What were the results about sentencing?

Back 28

16% of those release pending trial who were convicted were sentenced to prison

96% of the control group who were convincted were given prison sentences

Front 29

29. What is the only real limitation on bail setting?

Back 29

Eighth Amendment

Prohibits "excessive" bail

Front 30

30. Is any guidance given to the judges by statutes, rules of criminal procedures, and court rules?

Back 30

Varies state by state

10 states provide no criteria at all for bail decision

2 states list 16 factors to be considered

Front 31

31. Using simulated cases under what circumstances do judges set a higher bail?

Back 31

When the defendant had weak rather than strong ties to the community

When the defendant had a prior record

When the DA recommended a higher bail amount

Front 32

32. Are local ties as importanted to judges in actual bail decisions as they are in simulated cases?

Back 32

NO!

This variable did not prove to be important at all

Front 33

33. What do judges base their decision on then?

Back 33

Primarily on DA's recommendations

Front 34

34. Why do judges rely on the DA's recommendations?

Back 34

1. It acknowledges the DA's greated knowledge of the case and defendant

2. Divide the blame if the accused does not appear at trial

Front 35

35. Do judges consider community sentiment?

Back 35

Yes, espcially if a public case and can cause community controversy

Front 36

36. What is the only variable that affect both DA's and defense attorneys recommendations about bail

Back 36

Severity of the crime

The more severe the crime, the more "criminal" must be the disposition necessary to commit that crime

Front 37

37. What is the major consequence of the attribution of criminality?

Back 37

Inferred disposition is likely to be used as a basis for other dealings w/ accused

Persons to whom a criminal disposition is attributed will probably be mistrusted

Front 38

38. So in summary the chain would appear as follows:

Back 38

1. More sever the crime
2. More ciminal the accused is percieved
3. Less likely he or she is to be trusted
4. Less likely he or she is to be released from jail

Front 39

39. What do DA's recommend if the accused has strong or moderate local community ties?

Back 39

Higher bail

Front 40

40. What did a study in North Carolina examining actual appearance rates at trial find out about severity of crime?

Back 40

Severity of offense may not be very important in affecting rates of appearance

Front 41

41. Clarke et al. found what factors to be important in relation to whether the accused appeared at trial?

Back 41

1. Amount of time bwt release and trial (longer time less likely to show, esp if had 2 or more prior arrests)

2. Defendant's criminal history\

3. Type of release he or she recieved

Front 42

42. In regards to type of release who had the highest appearance rate?

Back 42

Those who were supervised during the release period followed by those who were ROR

Front 43

43. Why do prosecutors have a lot of discretion in deciding whether to charge?

Back 43

Many legislatures enact new penal statues w/o revising earlier laws THUS penal codes may overlap or be archaic

Prosecutors can search the law then until they find a statue the defendant has violated

Also, there is intentional legislative overgeneralization

Front 44

44. What is intential legislative overgeneralizaiont?

Back 44

For some kinds of crime, legislature intentionally outlaws all forms of the behavior in order to eliminate loop holes

Front 45

45. What are some other reasons prosecutors have charging discretion?

Back 45

1. Some criminal laws were designed to serve social purposes rather than to prevent crime
2. Some laws are written more satisfy a sense of community decency (i.e. statues against adultery, fornication, etc.)
3. All statutes are general mandates

Front 46

46. What is required in many jurisdictions for felony cases?

Back 46

An indictment from a grand jury

Front 47

47. What is a true bill?

Back 47

As in old English law, it is a formal indictment that lists the specific criminal charges against the defendant

Front 48

48. Why was the grand jury originally designed?

Does is still does this today?

Back 48

Designed to act as a shield against indiscriminate prosecution by the government

Today thought it almost always follows the recommendation of the prosecutor so no longer is a constraing

Front 49

49. How many people constitute a grand jury?

Back 49

16 citizens

Front 50

50. What is one function it a grand jury does serve today?

Back 50

Shields the prosecutor from adverse public reaction in difficult cases

Front 51

51. How can a prosecutor file felony charges w/o going to a grand jury?

Back 51

Draft formal charge in an "information"

The legal sufficiency of the information is tested before a judges at a preliminary hearing

Front 52

52. What is the most important consideration in the prosecutor's decision to charge?

Back 52

His or her belief that the accused is guilty of the crime

Clearly, prosecutor must attribute a criminal disposition

Front 53

53. What factors do DA's place weight on when deciding to file charges?

Back 53

Prior convictions were give great weight by 27% of deputies & some weight by almost 47%

Almost half of LA deputy DAs gave at least some weight to occupation of the accused

Front 54

54. Why is a high conviction rate important?

Back 54

1. Most prosecutors are elected
2. Want it for advancement of career
3. High conviction rate encourages guilty pleas

Front 55

55. What factors were cited most frequently in the decision to file charges for forcible rape?

Back 55

1. Use of physical force
2. Proof of penetration
3. Promptness of reporting
4. Extent of ID of suspect
5. Injury to victime

Front 56

56. What are some factors that prosecutors consider in general when deciding whether to file charges?

Back 56

Strength of evidence

Credibility of witness

Front 57

57. In a study of how prosecutors reacted to female victims, Stank found that prosecutors were likely to reduce the charges if...

Back 57

The victim could be seen as having brought on her own victimization

OR

She knew the perpetrator

Front 58

58. Who is the ideal victim for the prosecutors?

Back 58

"Stand up witness"

One who is calm, atriculate, consisent in her testimon, of neat appearance, and credible

Front 59

59. How does th race of the victim affect how credible he or she is perceived as being?

Back 59

When the victim of an assault was black, the assailant was less likely to be prosecuted than if the victim was white

Probably b/c black victims were more reluctant to testify

Front 60

60. How does the DA engage in social-exchange with the victim?

Back 60

He or she may consider the victim's desire when deciding whether to charge the accused

Front 61

61. How does social-exchange between the police and other prosecutors affect the decision to prosecute?

Back 61

DA may help police or other prosecutors by granting immunity in exchange for offender's cooperation

(i.e. testify against "higher-up")

Front 62

62. When does the prosecutor engage in social exchange with probation or parole officers?

Back 62

When person commits crime while on probabtion or parole

For this type of offender, revocation decision and charging decision are made wil full knowledge of one another

Front 63

63. What is revocation?

Back 63

Offender will have to serve time on the original sentence, whether or not he or she is convicted of the offense committed during the probation or parole period

Front 64

64. Does the prosecutor have a social-exchange relation with the accused?

If so what is it like?

Back 64

Yes, it is one-sided though

Only constraint on prosecutor is their sense of fairness

Front 65

65. How does a prosecutor demonstrate fairness?

Back 65

Only charge if they believe accussed is guilty

Decline to prosecute when the only sanctions available are too severe for offense

Use a non-criminal option that would be more useful to offender

Front 66

66. What is over-charging?

Back 66

Prosecutors inflate the initial charges against the defendant

Front 67

67. Why do prosecutors over-charge?

Back 67

They anticipate bargaining so they want to be in a more advantageous bargaining position

Front 68

68. What is horizontal overcharging?

What is vertical overcharging?

Back 68

Horizontal: Accuse defendant of every possible crime he or she may have committed

Vertical: Charging a single offense at a higher level than the circumstances of the case seem to warrant

Front 69

69. What purpose does overcharging serve?

Back 69

1. Allows prosecutor to be safe if additional evidence later appears (flexibility)
2. Makes trial less attractive
3. Advantageous to prosecutor to charge at felony level b/c have more time till trial
4. Long list of charges has psychological impact on jury (must be guilty of something)
5. In murder case it allows prosecutor to require all jury members to consider death
penalty

Front 70

70. What happens at an arraignment?

Back 70

Defendant is notified of their constitutional rights, the formal charges are read to them, and they enter a plea

Front 71

71. On what three things do the DA, defense attorney, and defendant negotiate on during plea bargaining?

Back 71

1. Number of charges defendant
will plead guilty to
("count bargaining")

2. Severity of charges defendant will plead guilty to
("charge bargaining")

3. Sentence prosecution will recommend after pleads guilty
("sentence bargaining")

Front 72

72. What percent of all cases are settled by plea bargaining?

What percent of felony cases are decided by plea bargaining?

Back 72

90%-95% of all cases

75%-90% of felony cases

Front 73

73. What are some legal standards regarding plea bargaining?

Back 73

1. Guilty plea must be voluntary
2. Defendant must understand all the rights they waive when they plead guilty
3. Prosecution must not threaten charge that is not justified by evidence in order to plea bargain
4. Guilty plea cannot be accepted if prosecutor does fulfill his or her promise

Front 74

74. Who has greater power when plea bargaining?

In what three areas is this power evident?

Back 74

The prosecutor has more power than defense attorney

1. Prosecutor represents the people so they are regarded w/
more esteem (perhaps more likely to be believed by jury)
2. Prosecutor is in better situation b/c jury knows that case has already passed pre-liminary screening
3. Prosecutor has more resources (information, money, and time)

Front 75

75. Do the defendants and defense attorneys have any power?

How is this power demonstrated?

Back 75

All defendants and their attorneys together have more power than prosecutor's office

If all defendants took their cases to trial the DA's office couldn't function

Front 76

76. What are the three strike analogy's that Balthazar talks about?

Back 76

General Strike: Defense attorney is dissatisfied so they take all cases to trial

Craft-Union Strike: Take certain type of cases to trial
(i.e. all rape cases)
Industrial-Union Strike: Take all cases on a certain judges docket to trial b/c judge did something to piss them off

Front 77

77. What are some attributional considerations that prosecutors take into account when deciding to plea bargain?

Back 77

If they doubt person's guilt or if they believe person doesn't deserve stigma of felony conviction, they are more likely to plea bargain

Also there is "typification"

Front 78

78. What is typification?

Back 78

"Typifying" a case is defining it in terms of the
"normal" crime of that type

Based on accumulated experience or casual schemas

Front 79

79. How does the prosecutor profit from plea bargaining?

When will a prosecutor take a case to trial though?

Back 79

1. Save time, work (effort), and money
2. Obtain a conviction (even if you drop 12 of 14 charges)
3. Negotiations can take place anywhere

May take case to trial if
1. high profile case
2. airtight case

Front 80

80. How does plea bargaining profit the police?

Back 80

1. Save them time (don't have attend a trial)
2. Investigation procedures are not subject to scrutiny (misconduct is not revealed)3. Help them clear unsolved crimes b/c often defendant admits guilt to unsolved offenses

Front 81

81. How does plea bargaining profit the judge?

Back 81

1. Fewer trials so can deal w/ more cases (higher productivity report)
2. Psychological satisfaction (reduce doubts bout def guilt)
3. Greater discretion in sentencing
4. Rationalization for leniency in a setting in which
publicity is absent
5. Verdict is not subject to appeal

Front 82

82. How do judges encourage plea bargaining?

Back 82

Meet with 2 attorneys in chambers and go over cases

In civil cases they may use a ploy where they meet w/ each attorney separately and manifest skepticism about the case so each attorney leaves thinking it's better to plea than to go to trial

Front 83

83. How do the victim's characteristics affect plea bargaining?

Back 83

Their characteristics affect the decision of whether to trial case or plea it out

More likely to go to trial if victim is male, older, and employed

Front 84

84. How do defendants profit from a plea bargain?

Back 84

1. Reduction in number and severity of charges
2. Plea bargain to lesser offense and avoid stigma of certain crimes
3. Reduce exposure to public and eliminate practical and emotional burden of trial
4. Get better deal by bargaining b/c judge may be more harsh if go to trial b/c you took up his time (now he's
going to take yours)

Front 85

85. When might a defendant definitely plea bargain?

Back 85

If they have a prior record b/c its hard for jurors to ignore it and they may use it as guilt

They plea bargain b/c they believe it is in their best interest (esp if they guilty)

Front 86

86. How does the defense attorney profit from a plea bargain?

Back 86

1. They usually charge a single fee so regardless of amount work they get paid the same(work 1 hr $ = work 2 dys)
2. Allows them to maintain a good relationship w/prosecutor
3. Defendants talk about an attorneys bargaining power so if you get good deals by word of mouth you get more clients (good reputation)

Front 87

87. Why is it important to have a good relationship between the prosecutor and the defense counsel?

Back 87

You're in continual contact with the prosecution so there is a pressure to cooperate
(i.e. maybe you owe the person)

Many prosecutors want to go into private practice so they don't want to alienate possible future employers

Front 88

88. How is cooperation seen between the two opposing counsels?

Back 88

1. Defense may disclose evidence/info to prosecution given to them by the client
2. Defense may refuse to use trial info that may embarrass
the prosecution
3. Enter guilty plea rather than go to trial
4. "Trade-out"

Front 89

89. What is a "trade-out"?

Back 89

An agreement between the two counsels (usu considered unethical) about the way the cases of two or more defendants will be handled

Generally, one or more clients will be treated harshly in return for lenient treatment of the remaining defendants

Front 90

90. How did it go for El Paso Texas when they tried to abolish plea bargaining and replace it w/ a set of guidelines based on point assignment?

Back 90

After two years, there was a very large backlog of cases

Defendants believed the point system gave them little incentive to plead guilty

Front 91

91. What percentage of cases go to trial?

How many of those are jury trials?

Back 91

Only 5%-10% go to trial

Of those 60% (6 out of 10) of felonies are jury trials

Other 40% are bench trials
(95% of misdemeanors are tried by a judge)

Front 92

92. How long is a typical trial?

What is the typical length of deliberation in a jury trial?

What percent of trials are a hung jury?

Back 92

Typical trial is 2.5 days
(high profile case is longer b/c call lots of witnesses)

Deliberation is typically 1.5 hours

5% are hung jury

Front 93

93. These numbers are different in different local. What are hung juries like in the Bronx or D.C.?

Back 93

13% hung jury for cases involving crack cocaine

Severe punishment is given for this crime so a jury (usu. elderly black grandmas) are hung b/c they say too many young black boys are sent to prison

Front 94

94. In what percentage of cases did the judge agree with the jury verdict according to the University of Chicago Jury Project?

What was the judges opinion when they disagreed?

Back 94

78% of time they agreed

When they disagreed, jury tended to be more lenient than judge

Front 95

95. What is the Fifth Amendment?

What is the Sixth Amendment?

What was the ruling in the Argersinger v. Hamlin case?

Back 95

5th: Not compelled in criminal
case to be witness against self

6th: Get prosecution in all criminal trial

Ruling: Can not be sentenced to jail/prison w/o being represented by an attorney (can be fined or have suspended sentence w/o one)

Front 96

96. Why is the possibility of a jury trial important to the criminal justice system?

Back 96

1. Influences gathering procedures of info by police
2. Forces working on bargaining
3. Incentive for defendant to accept bargaining

Front 97

97. What are the two stages of jury selection?

Back 97

1. ID a pool of potential jurors
-gather from voter registration, tax rolls, driver registration, ect.
-sent questionnaire to id those who qualify to serve and
those who should be exempt

2. Invite jurors to intense screening in court (called the venire)

Front 98

98. What is the Allegheny 1 day or 1 trial rule?

Back 98

Either spend 1 day at court being questioned or serve as a juror on 1 trial

Commitment is fulfilled and won't be called on for at least 3 yrs

Front 99

99. Once you arrive at the courthouse what do you do?

Back 99

1. Drop summons in box
2. Get lecture by judge
3. From large group a "panel" of 20-30 are selected for voir dire examination (pool for one jury)
4. Voir dire ("to tell the truth"): intense questioning and removal of bias jurors

*in murder trial, panel is 50 people & question individually

Front 100

100. From this panel how many are chosen?

Back 100

12 jurors and 2 alternative jurors

Front 101

101. Who questions during the voir dire and how do they address the panel?

Back 101

Federal: Judge questions and use either group or individual questioning

State: Attorney questions and use group questioning (unless murder trial - individual)

Front 102

102. How are prospective jurors removed from the panel?

Back 102

Stricken through two forms of challenges

1. Peremptory Challenge
2. Challenge for Cause

Front 103

103. What is a Challenge for Cause?

What is a Peremptory Challenge?

Back 103

Cause: attorney offers the judges reasons for why person
should be stricken
(have unlimited #)

Peremptory: strike someone w/o
giving reason and ask judge
(given a finite # and usually defense is allotted more)

Front 104

104. Why is it difficult to get people to be truthful about their biases?

Back 104

1. Under time constraint
-don't want to offend judge by taking long time
-don't want to alienate potential jurors by pushing too hard

2. People won't be candid in a group setting w/ others watching you

Front 105

105. How do attorneys pick non-bias jurors under such circumstances?

Back 105

1. Rely on stereotypes
-use gender, race, and occupation info which is provided
-have theories for who makes a good juror

2. Scientific Jury Selection

Front 106

106. Briefly how did scientific jury selection come about?

Back 106

Harrisburg 7 Case in 1972

1. Questionnaire was given to assess attitudes toward case & asked about characteristics
2. Ensure on average persons having certain characteristics
are likely to have certain attitudes
3. Found out about venire by using social networking
4. Social psy. observed during voir dire (looked at non-verbal behaviors)

Front 107

107. Who made it on the jury

How did the case end?

Back 107

Those who fit all three criteria (questionnaire, info from social networking, and non-verbal behavior) made it on jury

Hung jury 10-2 in favor of acquittal

*considered victory for scientific jury selection

Front 108

108. Is scientific jury selection all that accurate?

Back 108

No, even though in the first few cases in which it was used the defense won all of those cases were conspiracy cases which are hard to prove

Front 109

109. How can you prove it is accurate?

Who uses it and why?

Back 109

Need to jurors (one picked scientifically and one not) and see how they vote

Very expensive and time consuming so only wealthy defendants usually use it (may level playing field since prosecution has more resources)

Prosecution may use it now though

Front 110

110. Are the people on the jury the most important things in a case?

Back 110

NO!

The nature of the evidence is more important than who is on the jury

Front 111

111. Does the "type" of juror affect the outcome of the trial?

Back 111

Results on studies of predispositions have been inconsistent

Only a single study has shown that authoritarians are more likely to convict

There is no sex difference in guilt attributions EXCEPT in rape cases

Front 112

112. What is an authoritarian person like?

Back 112

Conservative, rigid, and punitive toward those who violate conventional values

Believed to convict more and attribute lower morality to dissimilar defendants than the
similar defendant

Front 113

113. How do sex differences exist in rape cases?

How do males and females view the victim and accused rapist?

Back 113

Females are more likely to find the defendant guilty than males are

Females take perspective of rape victim (assign greater responsibility to external factors)

Males may take perspective of rapist (attribute greater responsibility to victim)

Front 114

114. When might jurors personality & predispositions make a difference?

Back 114

When evidence is evenly balanced or ambiguous

Front 115

115. What must jurors do in capital punishment cases?

What might this lead to?

Who does this characteristic exclude?

Back 115

Must state that they personally could impose a sentence of death on a convicted capital felon

This death qualification might result in a jury that is "conviction prone"

Excludes large number of blacks and women

Front 116

116. What are two strategies attorneys use during the voir dire examination?

Back 116

1. Indoctrination: educate prospective jurors about their case and education under the guise of questioning about prejudices

2. Get jury to like attorney: use grand stand play or questioning to discover prejudices

Front 117

117. What percent of voir dire is used to indoctrinate?

Beside educating what else do they hope to do?

Back 117

80% of time

Want to elicit some sign of commitment from the prospective juror

Front 118

118. What is the Grand Stand Play?

Back 118

Attorney declines (with a grand gesture) to question prospective jurors

Stress their faith in the jury system and in particular jurors ability to render a fair verdict

Front 119

119. What kind of attributions do jurors make when attorneys use this the grand stand play?

Back 119

1. Create a favorable attribution toward lawyer and their case

2. View lawyer's refusal to question as sign of confidence
in case

3. May backfire and view as tactic to manipulate them or as sign of laziness

Front 120

120. What is the Questioning to Discover Prejudices strategy?

What do attorneys hope to accomplish?

Back 120

Vigorously pursue voir dire examination by questioning jurors about possible prejudicial attitudes

Hope they will be seen as honest, candid, and frank ("straight talker")

If you are selected then you feel good about self

Front 121

121. After selection of jury but before commencement of trial what does the judge tell the jurors?

Back 121

Instructs them on rules of conduct

Prohibit discuss of case among jurors before deliberation, prohibit going to site of crime, and prohibit any forms of communication about case by mass media

Front 122

122. By law which side goes first?

How does they question witnesses?

Who does their closing arguments first?

Back 122

Prosecution must present case first

Direct examination and cross examination

Usually defense goes first

Front 123

123. After closing arguments what happens?

Back 123

Judge will instruct, or charge, the jury
(they summarize charges, explain relevant laws, etc)

Jury retires and deliberates

Foreperson reads the verdict

Front 124

124. In a trial what does the prosecution aim for?

What does the defense try to do?

Back 124

Simplification and clarity of the facts

Defense tries to make case appear more complex and uncertain since they want to create reasonable doubt

Front 125

125. Summarize the attribution/exchange model of decision making by jurors?

Back 125

1. Assignment of dispositions to defendants

2. Social Exchange Considerations

3. Verdict

Front 126

126. What influences the assignment of attributions to the defendants

Back 126

1. Nature of the evidence
2. Characteristics of defendants
3. Characteristics of attorney
4. Info from fellow jurors

Front 127

127. What influences social exchange considerations?

Back 127

1. Fellow jurors

2. Defendant

3. Attorneys and judges

Front 128

128. What are the elements of criminal responsibility?

Back 128

1. Actus Reus: commission of a criminal act

2. Mens Rea: criminal state of mind

Front 129

129. What must the prosecution show?

What does the defense try to show?

Back 129

Prosecution: convince jury defendant had MOTIVE and ABILITY to commit crime

Defense: show that either or both are lacking

Front 130

130. What is the most important determinant of juror's attributions?

Back 130

Nature of Evidence

"issues of evidence" accounted for 54% of reasons for why jury's verdict differed from judges
(from Chicago Jury Project)

Front 131

131. When were simulated mock jurors influenced by inadmissible incriminating evidence?

Back 131

Only when case was weak

When prior evidence was highly incriminating, the inadmissible info had no impact on verdict

Front 132

132. What percent of criminal trials have eyewitness testimony?

What percent of the time do the prosecution use eye witness testimony? the defense?

Back 132

30% of trials

Prosecution: relies on it 25%

Defense: relies on it 11%

Front 133

133. What was found in the mock jury experiment conducted by Loftus that involved a grocery store robbery w/ the murder of 2 people?

Back 133

In condition were no eyewitness was present, 18% found defendant guilty

In condition were jury was told there was credible eyewitness testimony, 72% found guilty

In condition were there was an eyewitness but testimony was discredited by defense, 68% found guilty

Front 134

134. What attributions of eyewitnesses account for their influence on the jury?

Back 134

Whether they maintain eye contact w/ person questioning them
(in mock jury simulations when witness averted gaze they were viewed as less credible)

How confident witness appears (powerful speech is seen as attractive and credible)

Front 135

135. Are jurors correct in assuming that a confident eyewitness is an accurate one?

Back 135

No

Most studies show that the relation between confidence and accuracy is low or nonexistent

Front 136

136. When directly examining a witness what do attorneys do?

How do they forestall a challenge to the witness's trustworthiness?

Back 136

Create impression of competent
confident, trustworthy person

Attorney brings out anything iffy before cross examination, show witness is a good character (minister), and show on previous occasions he/she has given trustworthy testimony

Front 137

137. What is one interrogation technique suggest by Bailey and Rothblastt for opposing counsel to discredit witness?

Back 137

As witness what persons have interrogated him/her since the
case started

Then ask for complete description of each person

Inability to answer may cause jurors to question competence and may shakes witness's own confidence in their testimony

*Kelley's discounting principle is operating here

Front 138

138. How can the use of leading questions (using different articles) affect the accuracy of eye witness's recall?

Back 138

When witness is asked question using definite article "the" they were more likely to report seeing something regardless of if it was shown in the film

Those asked same question w/ indefinite article "a" did not do this as much

Front 139

139. According to analysis of actual trial records when are jurors more likely to convict?

Back 139

When victim was young or married, rather than divorces, separated, or single

Front 140

140. In rape cases how is Kelly's discounting principle seen?

Back 140

Characteristics of victim may constitute plausible facilitative causes for the criminal act and thus jury may discount the defendant's guilt

Front 141

141. How does the victim's physical attractiveness matter in rape cases?

Why is this the case?

Back 141

More attractive person was seen as have greater role in her victimization

Attractiveness was view as eliciting the attack

Males and females harbor negative stereotypes about extremely attractive women (vain, adulterous, egotistical, likely to want a divorce)

Front 142

142. What other characteristics of rape victims affect perceptions of the defendant's causal role?

Back 142

Victim is seen as more causally responsible when they are divorced, have been raped before, knew the defendant, or was described as a slut

Front 143

143. In what percentage of criminal cases are defendant's confession introduced?

Back 143

19% of criminal cases

Front 144

144. According to Kassin and Wrightsman study how does the manner in which confession was gathered affect juror's acceptance of disputed confession?

Back 144

Confession gathered by negative constraint (threating
harm) was discounted (only 22% found defendant guilty)

75% found guilty in no constraint condition

Did not dismiss confession in positive constraint condition (elicited by promise of leniency) and perceived guilty

Front 145

145. In what percent of 1200 actual cases did juror's sentiment toward defendant influence the verdict?

Back 145

11%

Front 146

146. According to simulated studies which characteristics of defendants produce weaker guilt attribution?

Back 146

Less guilt is attributed to defendants physically attractive, have positive character, and have attitudes similar to those of jurors

Front 147

147. There has been an inconsistency thought about this between actual cases and simulated ones. Why is this?

Back 147

Simulated studies are abbreviated so key elements may be absent causing defendants characteristics to have greater influence

Front 148

148. What attributional mechanisms might account for the tendency of simulated jurors to attribute less guilt to those who have the above characteristics?

Back 148

Liking/leniency or disliking/harshness interpretation

Characteristics may elicit a stereotypical image of defendant that does not fit jurors' conception of guilty person

Front 149

149. What is the best way to have a juror evaluate the defendant?

How often does this happen?

Back 149

Have them take the stand

In 82% of criminal trials

Front 150

150. Why is defendant's appearance and demeanor important when they take the stand?

How should defendant be?

Back 150

People place great faith in their ability to size up other

Have defendant dress "quietly"

Defendants who were acquited had speech that displayed courtesy and deference, made fewer to themselves, and spoke grammatically correct

Front 151

151. How often is the fifth amendment used by defendants?

How does using this affect simulated jurors attributions?

Back 151

Used in 20% of criminal trials

More likely to attribute guilt to those who invoke it

Front 152

152. How does a defendant's pretrial status affect jury attributions?

Why?

Back 152

Detained in custody: more likely to view as guilty

May infer that defendant was denied bail b/c they are less trustworthy or more dangerous

Front 153

153. How does prior record affect jury attributions? Why?

How does prior record affect defendants taking the stand?

Back 153

Prior record = attribute greater guilt to defendant (stable criminal disposition)

No prior record, testify in 91% of trials

Prior record, took stand just 74% of time

Front 154

154. How does the attorney's opinion affect jury attributions?

How should defense attorney act?

What about the prosecution?

Back 154

Jury's main interest is whether or not you believe your client

Defense should manage displays of liking, respect, etc.

Prosecution should show not signs of friendliness or sympathy (avoid using first name or title of respect)

Front 155

155. What are characteristics of successful prosecutors?

Back 155

1. Showed more verbal aggression
2. Speak longer
3. Ask more questions referring directly to the witness

Front 156

156. How do attorneys try to enhance their credibility?

Back 156

Introduce damaging evidence themselves (relies on augmentation principle)

Jurors may attribute attorney's willingness to mention this as sign of honesty

Also may cause jurors to perceive attorney as being very confident of defendants guilt (or innocence)

Front 157

157. Who is likely to be chosen as the foreperson?

Back 157

1. Person who "opened discussion" and sought to nominate someone
2. Person w/ higher occupational status
3. Persons seated at the ends of the rectangular jury table

*Only 1/5 as many women are chosen (more often a male)

Front 158

158. Does the majority opinion on the first ballot predict the eventual verdict?

In what percent of trial was the minority successful in persuading the majority?

Back 158

It does in almost 90% of cases

In 4% of cases

Front 159

159. What is "group polarization?"

Back 159

The predominant attribution among jurors (either guilt or innocence) will become even more predominant after discussion

Front 160

160. How does group discussion
"correct" for certain attributional bias?

What is the one exception?

Back 160

Attractiveness of defendant's character has no impact

Obnoxious attorney's behavior no longer attributes to guilt or innocence

After group discussion there was greater bias toward defendant whose criminal record was made known

Front 161

161. What conditions are more likely to increase peer influence?

Back 161

1. Size of jury (6-person group rated fellow jurors more reasonable than those w/ 12-person)
2. More susceptible to influence to those who have high occupational status
3. Opinions of heterogeneous majority is more persuasive

Front 162

162. How do jurors exchange in a social relationship with the defendant?

Back 162

Acquit if defendant has been punished enough already (i.e. had lengthy pretrial detention, suffered misfortunes)

Fail to convict when the threatened punishment is too severe

Front 163

163. What additional info about this severity/leniency hypothesis did three simulated juror studies provide?

Back 163

Highest percentage of acquittals (54%) occurred when had to choose between severest alternative (first degree murder) and not guilty

When alternatives were second degree and not guilty acquittals dropped to 17%

When choice was manslaughter or not guilty, acquittal percentage was even lower (8%)

Front 164

164. When are another circumstances that defendants are acquitted because punishment is too severe?

Back 164

When jury is aware that defendant's accomplice received lenient treatment

Another circumstance is when jury fears finding defendant guilty will punish his or her innocent family

Front 165

165. Juror's may also punish defendants to restore equity. What is meant by "pro-prosecution?"

Back 165

Jurors disregard law in pursuit of the equitable treatment of defendant

This is seen with those accused of sexual offenses against children (convict even when act does not fit legal definition of crime)

Front 166

166. How does the jury divide?

Back 166

Majority and minority factions

4% are equally divided

Front 167

167. What are some costs that result from the disagreement between these two groups?

Back 167

1. Opportunity Cost (time spent deliberating could be spent doing other things)

2. Mounting costs of fatigue and frustration (esp. in majority)

Front 168

168. What is compliance?

Back 168

Changes in voting (that is public conformity) without private acceptance

Juror exchanges their vote for approval or absence of disapproval from fellow jurors

Front 169

169. How can we tell whether a changed voted is due to new attributions or make to avoid costs of disagreement?

Back 169

Need info about jurors' private pre-deliberation beliefs, their public vote, and private post-deliberation beliefs

Front 170

170. What have studies that meet this design requirement shown?

Back 170

Only 10% of mock jurors expressed post-deliberation that differed from vote in jury room

Somewhere between 6-10% of jurors yield to majority because of compliance

Front 171

171. When are jurors more likely comply with the majority?

Back 171

When juror finds themselves in position of lone dissenter

Unanimous majority of just 3 persons is sufficient to cause lone dissenter to conform

Front 172

172. When is it disadvantageous to be tried by a 6-person jury?

Back 172

When evidence is highly incriminating

12-person jury is more likely to have 2 dissenters than a 6-person jury

Jury split 5-1 favoring conviction is more likely to find guilty than jury split 10-2

Front 173

173. Which type of jury is more likely to hang?

Back 173

12-person jury (40%)

Front 174

174. What is another condition that will likely increase compliance with the majority?

How are majority-rule juries different?

Back 174

When the dissenter's vote is needed for the group to render a verdict (greater pressure to conform)

Majority rule juries deliberate for a shorter time and conduct fewer polls than juries having to reach unanimous verdict

Front 175

175. When else may compliance with the majority be more likely?

When is this most common according to studies on small groups?

Back 175

When dissenting minority highly values the majority's approval

Place greater value on other's approval when group is cohesive and when others are of high status

Front 176

176. Why do high status persons exert influence in group-pressure situations such as jury deliberation?

Back 176

1. Given higher credibility

2. Higher value is placed on wanting their approval

Front 177

177. Finally, when else may compliance with majority be more likely?

Back 177

When they feel obligated to comply because of benefits received from fellow jurors

Front 178

178. How can attorney's continue social exchange throughout the trial?

Back 178

Liven up proceedings (can be very rewarding to jurors and accumulate "credit" w/ jurors)

Front 179

179. What did a study by Kaplan and Miller find about attorneys demeanor and pre-deliberation judgements?

How does this hold up after there is jury deliberation?

Back 179

Defense attorney acted obnoxious more likely to vote guilty (vice versa when prosecutor)

After a 10 minute deliberation the biasing effects of the attorney behavior wore off

Front 180

180. What are some criticisms about juror-simulation studies?

Back 180

1. Tend to rely on college students (younger, better educated, smarter, higher SES)
2. Simulations tend to be poor reconstructions of what is presented in real trials
3. They use inappropriate DV (asked to judge probability of defendants guilt or recommend a sentence)
4. Simulated jurors know no real person will be affected by decision