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196 Cards in this Set

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forensic psychologists
-application of methods, theories, and concepts of psychology to legal system; may be expert witnesses, carry competence evaluations and assist litigators and fact finders
-most are trained as clinical psychologists whose specialty involves psychological evaluation and treatment of others
-asked to evaluate person and prepare a report fo the court (mental disorder, appropriate treatment)
due process model
places primary value on protectio nof citizens from abuses by police and law enforcement; requires that citizens are treated fairly (receive due process)
crime control model
emphasizes procedures that detect suspects and prosecute defendants, including laws
three-strikes law
-3rd felony, and other two were serious or violent,= 25 years-life in prison or triple the regular sentence
notification laws
law that citizens must be notified when a sex offender has been released in their area
equality
all people who commit same crime should receive same consequences
principle of proportionality
punishment should be consistently related to the magnitude of the offense; more serious crimes should earn more severe penalties
discretion
use of judgements about circustnaces of certain offenses that lead to variations on how system responds to these offenses
sentencing disparity
tendency of different judges to administer a variety of penalties for the same crime
racial bias
use individual's race as basis for judgments of his or her behavior
determinate sentencing
the offense determines the sentence; little discretion
jury nullification
acquit legally guilty but morally blameless defendants; Lester Zygmanik - mercy killed brother that was paralyzed, jury found him not guilty even though he killed his brother
settlement negotiation
plantiff afrees t oaccept what a defendant is willing to offer to end their legal disagreement
amicus curiare brief
friend of the court brief
case law
law made by judges ruling in individual cases
stare decisis
let the decision stand
legal precedence
basing on rulings from other cases
basic scientist
scientists who study phenomena in order to understand them without concern for whtehr their work will be used in solving real-world problems
applied scientists
apply knowledge to solve real-life problems
expert witness
person with special training or experience in field who is permitted to state his or her opinion concerniing those technical matters in court; judge must be confinced that the testimony expet will present is kind t hat requires special knowledge, skill, experence and that it will help resolve dispute and lead jurors toward truth
policy evaluator
provides data on if policy will be effect and if the dsign will allow to determine if the policy worked
advocate
professional person whose goal is to represent the interests of another party
trial consultants
involves jury selection, community attitude surveys, preparing witnesses to testify, presentation strategies of lawyres, conduct mock trials
black letter law
basic principles of law generally accepted by courts and embodied in statutes; set down by founding fathers, wrriten by legistlarors, interpreted by judges
euthanasia
act of killing an individual for reasons that are considered merciful
inention
purpose for an act
distributive justice
focus on fairness of the outcome of a legal dispute
procedural justice
procuedures of dispute fair, then outcome is just
commonsense justice
ordinary citizens' basic notions of what is just and fair
attribution theory
deals with explanations people make for causes of behavior, list on page 28
adversarial system
system of resolving disputes in which parties argue and present evidence to a neutral fact finder who makes a decision based on this; must convince fact finder whose vidw point is truthful
inquisitorial approach
judge has more control over proceedings
writ of certiorari
order that grants the Supreme Court to review a case
therapeutic jurisprudence
law is used as a vehicle ot improve lives of those in it; problem-solving courts: drug courts, mental health courts, family courts, homeless courts
juvenile court
oldest form of problem-solving court; misbehaving children correcte and reformed rather than punished
women's courts
early 20th century courts for women; thought to need protection and guidance (wayward); disappeared
drug court
courts that deal with offenders' addiction through counseling, treatment, and supervision
mental health courts
courts for offenders with serious mental illness
homeless courts
another form of problem-solving community courts
family courts
courts dealing with divorce, custody, and neglect of children; thought all family's legal issues should be solved by a single judge; problem-solving
alternative dispute resolution
any legal mechanism used to settle conflict without going to trial; arbitration, summary jury trial, mediation
negotiation
settlement w/o assistance of third party, not a method of ADR
binding arbitration
a form of ADR where parties agree to be bound by decision of an arbitrator
nonbinding arbitration
if a party is dissatisfied with arbitrator's decision then that person may ask that case be tried before judge and jury
summary jury trial
form of ADR; has jury and lawyers tell them what witnesses would say, lawyers answer judges questions about facts, judge tells jury what law is and tries to answer their question; the verdict does not bind the parties but shows how jury migh be (might satisfy pscyhological need)
mediation
use of a neutral person to acheive settlement; evaluative leads to settelemtn that mediator thinks the case is worth, nonevaluative concerned with process by which the end is achieved
risk averse
work to avoid taking risks
contingency fee system
plantiff pays lawyer only if hte plaintiff wins case
classical school of criminology
emphasizes role of free will and cost/benefit analysis in determining criminal behavior; evolved in 1700s and 1800s
postivist school of criminology
emphasized factors that determined criminal behavior; analyzed empirical data
ecological theorists
group of criminologists who believed crime was caused by combination of social, environmental, and cultural factors (certain geographical areas)
sociological theories
crime results from social or culturla forces external to an individual that are prior to a criminal act
biological theories
stress genetic influences, neuropsychological abnormalities, biochemical ireegularities
psychological theories
crime results from personality attributes
social-psychological theories
criminal behavior learned through social interaction; crime is learned
control theory
people will behave antisocially unless they learn through inner controls and external constraints not to offend
learning theory
emphasizes how specific criminal behaviors are learned directly from reinforcement and modeling influences
social labeling theory
the stigma of being branded deviant by society cna engender that belief within the indivudal
structural explanations
emphasize dysfunctional social arrangements (economics, inadequate schooling) to result in breaking the law
subcultural explanations
crime orinates when various groups of people endorse cultrual values that clash with dominant conventional rules of society; crime is product of subcultural deviation from agreed-on norms that underlie the law
anomie
feeling of normalness that often precedes suicide and crime
rational crime theory
illegal behavior that makes sense because the person is rewarded for it and because it can be committed with low risk of detection
focal concerns
attempt to achieve ends valued in culture
concordance rate
extent of similairty in behavior and characteristic between two twins; dizygotic - fraternal, monozygotic = identical
psycopathy
pattern of unsocialized or crimnal behavior by a person who feels no guilt about such conduct
antisocial personality disorder
chronic antisocial behavior but not important personal characteristics
executive function
ability to plan regulate behavior carefully
stimulation-seeking theory
thrill seeking and disruptive behavior of the psychopath serve to increase sensory input and arousal to a more tolerable level
Containment theory
Societal pressure controls rate of crime
Operant learning
responses followed by rewards strengthened, responses followed by aversive events are weakened
classical conditioning
restraint of antisocial behavior from strong conscience if punishment is ineffective because classical conditioning usually from pairing of undesirable behavior with prompt punishment
conditioned stimulus
taboo act
unconditioned stimulus
punishment
extroversion
personality characteirized by outgoing, enthusiasm, optimism
neuroticism
tendency to experience negative emotions
psychoticism
insensitivity, trouble-making, lack of empathy; part of Eysench’s theory with extroversion and neuroticism
differential association reinforcement theory
criminal behavior is acquired through operant conditioning and modeling; behaves criminally when it is favored by reinforcement contingences that outweigh punishment, occur in families, peer groups
social learning theory
assigns more importance to cognitive factors and observational learning (vicarious learning)
rational choice theory
if reasons for committing crime outweigh reasons for not, likelihood of crime being commited increases
racial profiling
police practice of using race as a factor in determining actions
primary deviance
criminal’s actual behavior
secondary deviance
society’s reaction to the offensive conduct
general pretrial publicity
not specifically related to a particular case but thematically relevant; preexisting attitudes
specific pretrial publicity
case specific information
structured interviews
wordint,k order, content are standraized
predictive validity
using actual police performance in the field as the criterion; these tests are expensive
validity scales
measures whose goal is to detect when test taker is telling truth
fitness-for-duty evaluation
psychological assessment of employee to determine whether individuali s too mentally, emotionally, behaviorally impaired to continued duties
terrorism
use of vioence and threats to violence to achieve certain organizational goals
bioterrorism
biological weapons and bacteria are released ot threatened; more people than conventional guns or bombs
suicide by cop
try to force cop to kill them
Sotkcholm syndrome
postiive feelings by hostages toward their kidnappers as well as reciprocated positive feelings by kidnappers toward their hostages; hostage negotiators try to take advantage of this
zero tolerance
approach to law enforcement in which police attempt to arrest all lawbreakers
burnout
syndrome that occurs with people who work with others; symptoms are emotinoal exhaustion, depersonalization and reduced personal accomplishment; emotionally overextended/drained, insensitive response to other people, decline in one's feelings of competence
team policing
policy of less centralized decision making; shift of decision making from central authority to front-line officers and supervisors; realize importance of each team member
authoritarianism
set of beliefs that reflect identification and submissiveness/demands for obedience to authorities, endorsement of power and toughness, intolerance of outgroups, pressure for conformity to normality (rejection of deviant)
community-based policing
policy that increases direct contact between police and citizens within a neighborhood
jail diversion programs
considdered for supervised release to the comunity where they will have better access to treatment and support services (mentally ill)
learned helplessness
won't be able to protect themselves from further and are incapable of controlling events that go on around them; believe nothing they can do cna change circumstances and cannot start new life for it will be futil and lead to more; is apparent in violence against women
confirmation bias
people create information that verifies existing belief
change blindness
fail to notice large changes in their visual worlds/environments
weapon focus effect
attention is narrowed to the weapon which limits amount of attention to other aspects of the situation
encoding
acquisition of information
storage
second step of building memory; memory loss is rapid
postevent information
activities that eyewitnesses do or information they learn (including about other witnesses) after they observe an event; can alter memory of event
retrieval
process by which memory returns to conscious state; wording of questions can influence this
unconscious transference
generation of memory that is based on recall of several past occureneces such that innocent person may be confused with an offender
system variable
factors that are under control of criminal justice system; hold more promise for preventing errors in eyewitness identification
estimator variable
factors beyond control of justice system and whose impact on reliaiblity of eyewitness can be estimated (like lighting)
other-race effect
tendency for people to less accurately recognize faces of individuals of othe races
physiognomic variablitiy
perceived differences based on physical features; white faces show more variablitiy in hair colo, black faces show more variabliity in skin tone
in group/outgroup differences
in-group shares common identity and sense of belinging; out-group lacks these things; when we encounter face of a person from another race or ethnic group our first job is to categorize it as a member of that group; when we encounter one from our group, this categorization step is eliminated (eyewitness identification easier)
simultaneous presentation
lineup presentation in which all choices are shown at the same time
sequential presentation
to show suspects and foils one at a time
relative judgment
identify who looks most like the culprit relative to tother members of the group; someone in the group will always look most like the culprit
absolute judgment
compares member to his or her memory of the perpetrator and on that basis decides whether any person in the lineup is the suspect; sequential decreases likelihood of relative judgment
experimenter bias
person conducting experiment should not influence results; experimenter should know little about hypotheses or what condition participants are in
encoding
acquisition of information
storage
second step of building memory; memory loss is rapid
postevent information
activities that eyewitnesses do or information they learn (including about other witnesses) after they observe an event; can alter memory of event
retrieval
process by which memory returns to conscious state; wording of questions can influence this
unconscious transference
generation of memory that is based on recall of several past occureneces such that innocent person may be confused with an offender
system variable
factors that are under control of criminal justice system; hold more promise for preventing errors in eyewitness identification
estimator variable
factors beyond control of justice system and whose impact on reliaiblity of eyewitness can be estimated (like lighting)
other-race effect
tendency for people to less accurately recognize faces of individuals of othe races
physiognomic variablitiy
perceived differences based on physical features; white faces show more variablitiy in hair colo, black faces show more variabliity in skin tone
in group/outgroup differences
in-group shares common identity and sense of belinging; out-group lacks these things; when we encounter face of a person from another race or ethnic group our first job is to categorize it as a member of that group; when we encounter one from our group, this categorization step is eliminated (eyewitness identification easier)
simultaneous presentation
lineup presentation in which all choices are shown at the same time
sequential presentation
to show suspects and foils one at a time
relative judgment
identify who looks most like the culprit relative to tother members of the group; someone in the group will always look most like the culprit
absolute judgment
compares member to his or her memory of the perpetrator and on that basis decides whether any person in the lineup is the suspect; sequential decreases likelihood of relative judgment
experimenter bias
person conducting experiment should not influence results; experimenter should know little about hypotheses or what condition participants are in
double-blind testing procedures
patients nor doctors know whether patient is receiving new drug or placebo
hyperamnesia
effect of hypnosis in which subject remembers mor e material than when he or she is hypnotized
confabulation
effect of hypnosis in which hypnotized subject adds false information to accurate recollections
memory hardening
process sometimes associated with hypnotically aided recall where a subject transforms a belief or experience into a memory that he or she is convinced is accurate
cognitive interview
uses some techniques of hynosis including instructions to report everything and encouragement to recerate scene mentally and report everything they can remember
context reinstatement
recreateing the scene mentally
repression
thought to serve as a protection
dissociation
psychologically detaching oneself
delayed-reporting statues
suspent statue of limitations and grant abuse survivors the right to bring a lawsuit within three years from the date of recovering the memory
autobiographical memory
memory for one's own life experiences
source confusion
act of imaingning may make event seem more familiar but familiarity is mistaekntly related to childhood rather than to act of imatination itself
polygraph
lie detector; instrument for recording varations in several physiological functions that may indicate whether a person is telling the truth or lying
relevant/irrelevant procedure
first systematic method of questioning suspects; compared relvant questions about crime to irrlevant questions but likely to be aroused with relevant questions
Control Question Test
Reid's test from the 1940s
Guilty Knowledge Test
detects the presence of guilty knowledge in suspects mind rather than lying; uses facts known only to police, criminal, and victims
base rate
how often something happens
ground truth
clear-cut criterion of accuracy
field studies
based on real-life investigations; for polygraph involves subjects who have large stake in being cleared of suspicion
analog studies
investigations of mock crimes
psychological stress evaluator
uses speaking voice as the determinant of lying; advocats say that it can measure varations in emotional stress by voice; no evidence that it has been effective
cognitive psychophsiology
measurement of mental activity during physiological responses; analyze brainwaves that are evoekd when subect attends to a stimulus
event-related brain potentials
vary depending on whether person is confounded with familiar meaningful stimulus or a nonmeaningful one; different componens can be elicitied if subjet is exposed to stimulus that is inconsistent with expectationrs or personal knowledge
brain fingerprinting
procedure that involves measurement of brainwaves in response to stimulus to asses whehter brain recognizes it; brain houses information about experienced events and it emits electric charges in response to stimuli
hearsay
one witness summarized what another said earlier; allowed in preliminary hearing
grand jury
consists of citizens fro mthe community and investiage criminal activity with the prosecutor
indictments
complaint prepared and signed by prosecutor describing crime charged
discovery
bringing forth evidence
exculpatory
shows innocense or shows that prosecution witnesses are not credible
change of venue
decision by trial judge to move trial to another locality; on ground that community opinionmakes it impossible for a fair-minded jury
with prejudice
dismissal that bars and subsequent attempt to reinstate the prosecution
exclusionary rule
requires courts to suppress evidence obtained in violation of a defendean'ts right under the fourth amendemtn to be free from unreasonable searches and seizures
motion in limine
request for a pretrial ruling
released on recognizance
court order releasing defendant from custody on written promise to appear in court when her or his case is schedule for a hearing, trial, etc.; defendant not required to deposit anything wit hthe court in order to be released
plea barganing
in exchange for defendant's promise to forgo trail, government may promise to charge defendant with lesser crime or ask judge for reduced sentence; when bargain is reached, defendant pleads guilty and not trial is held
deferred prosecution
first-time offenders who admit guilt are placed on probation and have charges against them dismissed if they stay out of trouble during probation
charge bargaining
prosecutor drops some charges in return for a plea of guilty
sentence bargaining
prosecutros recommend reduced sentences in return for guilty; sentencing is judge's perogative and judges vary in willingness to follow these recommendations
evaluation apprehension
provide ansers they perceive judge wants to hear regardless of whether these responses are truthful
affidavit
written by expert which is a written report swotn to be truthful; a way survey results are shown
gag order
judge orders press not to publish pretrial information likely to be prejudicial
insanity
do not know what they are doing or are incapable of controlling their conduct; these are offenders deemed not deserving of punishment
affirmative defense
position by defendant that places burden on defdant to prove her claim; insanity, self defense; if pleading insanity, disprove presumption of criminal responsibility
mens rea
the mental state of knowing the nature and quality of a forbidden act
M'Naghten rule
every man is to be presumed sane and to possess a degree of reason to be responsibile for his crimes unti lcontrary to be proved; must be proven that accused did not know nature and quality of act or did not know what he was doing was wrong
Brawner Rule
defendant is not responsible for criminal conduct if lacks capcity to appreciate criminality or to confirm conduct to law as a result of mental disease or defect
ultimate opinion testimony
testimony that offers a conclusion about specific defendant or witness in contrast to testimony about a general phenomenon; not allowed from mental health experts about a defendant's insanity
diminished capactiy
defendants who lack ability to commit crime purposely and knowingly
written interrogatories
written statements from parties involved in a case, no cross-examination
depositions
usually oral statement by potential witness given under oath with attorneys from both sides; done in a question and answer form and give opportunity for opposing lawyer to cross-examine witness
decision rule
rule that governs whter a jury must reach a unanimous verdict or a majority vote will suffice - states have different ones
venire
panel of prospective jurors
voir dire
process to question and select eventual jurors
opening statments
beginning of trial, lawyers on each side can give; serve as overviews of the evidence to be presented
perjury
a charge when the witness fails to be truthful
redirect questioning
after cross examination and done by the original attorney
impeach
cross-examination that has effectively called into question the credibility of the witness
recross
opposing attorney's last chance to question the witness
rebuttal evidence
attempts to counteract or disprove evidence by earlire adverse witness
closing argument
after all the evidence has been presented
beyond a reasonable doubt
strongly convinced
preponderance of the evidence
even if you find evidnece favoring one side to be only slightly more convincing than the other sides's, rule in favor of that; civil trial
bench trial
have a judge decide a case
jury sentiments
factors beyond the evidence and the law that jurors may rely on to decide a case;
jury's verdict determined by factors beyond the evidence and the law
jury nullification
acquit defendants who were legally guilty but morally upright