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36 Cards in this Set
- Front
- Back
- 3rd side (hint)
Legal Realism
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Laws can not be applied w/o regard for their social context and their social effects
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Active Construction/ Interpretation of the law
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Brown Vs. Board
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-Segregation was a violation of our 14th ammen "Separate But Equal"
-1st supreme ct ruling to make explicit use of social science -Clark & Clark: Doll preference exp |
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Psychology Vs. Law
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descriptive - prescriptive
explains bhvr - regulates bhvr probabilistic - unambiguous emphasizes groups - emph individual future oriented - past oriented objectivity - advocacy |
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Roles Of Psych in legal system
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Advisors: expert eye witness, trial consultations, legal briefs
Evaluators: rsch to evaluate programs and practice Reformers: Advocate for change in the legal system based on rsch |
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5 ways to influence the legal system
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1. Expert testimony
2. Cross-disciplinary training 3. Amicus Curiae Briefs 4. Dissemination of rsch findings 5. Legislature & public policy |
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Expert Testimony
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Helpful educators that are exceptional in their field
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Cross-disciplinary training
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exposing Psych students to Law and vice versa offers more insight
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Amicus Curiae Briefs
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summarizes rsch in a particular topic in "plain language"
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"Friend of the Court"
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dissemination of rsch finding
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Use of Media
Making rsch data available to the public |
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Legislature & Public Policy
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Policy-rsch used to influence thinking of legislature
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lobbying
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Daubert Trilogy (1993)
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Trial Judges decide what rsch evidence is admissible based on
1) testability/falsifiability 2) Known Rate of error 3) Peer Review 4)Expected into rel. scientific cmty |
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How does Memory work
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Encoding
Storage Retrieval |
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Recall Vs. Recognition
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Recall: memory is accessed with Cues
Recognition: Immediately seeing something and that access the memory |
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Cross-Race Effect
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difficult to identify people of different ethnic groups than yourself
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not directly influenced by racial attitudes
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Stress & Memory
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Emotional memories are didn't but subject to the same process & biases as neutral memories
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"Highlighter" metaphor
Invisible Gorilla Study |
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Preexisting expectations
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Weapon Focus
Prior Knowledge Scripts Sequence of actions in event |
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unconscious transference
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face seen in one context transferred to another
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suggestive/ leading cmmts
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eye witness recall shaped by question
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retrieval inhibition
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inhibiting Surinam about some aspects of an event by focusing on others
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memory conformity
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when co-witnesses talk to one another and that changes memory for social norm reasons
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intoxicated eye witness
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often intoxicated at time of incident and interview
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not more susceptible to misinformation than if sober
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witness confidence
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Post-ID Feedback:
confidence likely to increase over time distorts the memory cog dissonance |
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Manson Criteria
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1) opportunity
2) accuracy of description 3) level of attention 4) degree if certainty- inconsistent 5) time btwn witnessing and identification |
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Improving eye witness testimony
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1) Blind Lineup
2) Bias-reducing 3) unbiased Lineup 4) confidence rating 5) video recording 6) sequential lineup 7) expert testimony |
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Estimator Vs. System Variables
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Outside vs. inside the control of the legal system
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blind lineup
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person administering the lineup doesnt know who the criminal is
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rarely followed
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bias-reducing
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removed the assumption that the suspect is even in the lineup to begin with
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unbiased lineup
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alternative suspects, fillers
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confidence ratings
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obtain confidence statements at the time of the identification
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immediate
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video recordings
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record ID procedures
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sequential lineup
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view person at a time in a line up
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absolute judgment vs relative judgment
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cognitive interview
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build rapport with witness
Mnemonics: 1) context reinstatement 2) report everything you can remember 3) change perspective 4) change order of events |
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Repressed Memories
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memories that we have pushed out of our conscious memories
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Legal implications of repression
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Statue Of Limitations:
not until the victim becomes aware of abuse Delayed Discovery: Need to Know the source of your injury |
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Loftus
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psychiatrist implants an artificial memory based on plausibility it is more likely to be implanted
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"Lost In the Mall" study
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Evaluating Recovered Memories
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1) Spontaneous or coerced over a long period of time
2) vague impressions of feelings 3) How long did the memory last 4) things that hppn before age 3 5) do the memories involve something rare |
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