Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
66 Cards in this Set
- Front
- Back
|
Frye test (1923) |
Experts (those faciliating lie detector test) can provide opinions on matters outside of the range of common knowledge |
|
|
Daubert Standard (Legal reliability) |
Judges screen for relevancy, legal sufficiency (person is expert), and reliability. |
|
|
Reliabiltity components |
Is the theory/technique tested? What is the error rate and is it acceptable? Is it peer reviewed? Does it have general acceptance in its field? |
|
|
Decision process model |
Organize data in a meaningful way: what type of crime, motive, risk involved, sequence of acts etc. |
|
|
Homat and Kennedy Study (1998) |
Crime characteristics and correlation; added validity to profiling as legitimate |
|
|
Spree Killer |
Two or more locations, no cooling off period |
|
|
Serial killer |
Searches for type of victim that fulfills the serial killer's fantasy (ex: moms on mother's day) |
|
|
Mass murderer |
Four or more murders at the same time, no colling off period, one location |
|
|
Pinizzotto and Finkel Study (1990) |
Studied profilers, crime investigators, and other psychologists; profilers more specific, helpful, and accurate in sex offense cases |
|
|
Malingering |
Definitive manipulation of information (lying on purpose) |
|
|
Marston and lie detector (1917) |
Lie detector based on increase in systolic blood pressure |
|
|
Larson and lie detector (1932) |
Makes polygraph: uses blood pressure, pulse rate, respiratory changes; however, one negative emotion cannot be distinguished from another |
|
|
Reid control question test |
Pre polygraph interview; suspect is unaware of the pretest interview; talks about test procedure, goes through medical history, build report; then does stim test (card trick, control questions) |
|
|
Lykken Guilty knowledge test (1981) |
Based on orienting response: people experience more arousal when faced with meaningful stimuli; series of multiple choice questions using conditional probability; relies on existence of unknown facts |
|
|
Scientific reliability |
Whether results are generalizable across testing situations
|
|
|
Brown v. Mississippi (1936) |
Confessions after torture were considered violation of due process
|
|
|
Miranda v. Arizona (1966) |
Any confession without advising of legal right to counsel or remain silent is considered involuntary and not admissable (right to remain silent) |
|
|
Colorado v. Connelly (1986) |
Mental or psychological problems are insufficient to make confession involuntary |
|
|
Wrightsman and Kassin |
Confession after promise of better treament did affect the verdict |
|
|
Warren Court |
Activist; Appointed by Eisenhower; increased protections for accused (rights of individual supreme); many have been reduced by Burger and Rehnquist; |
|
|
Mapp v. Ohio (1961) |
Bombing investigation, no warrant, found obscene material (porn) arrested individual; 4th amendent of unreasonable search and seizure violated: The exclusionary rule (excluding certain evidence) |
|
|
US v. Leon (1984) |
Good faith search is okay even if warrant found to later lack probable cause |
|
|
Rakas v. Illinois (1978) |
If you are a guest in somebody's care you don't expect the privacy |
|
|
US v. Payner (1980)
|
Prosecuting for cheating on taxes; went through his trash; violated exclusionary rule; once it's garbage, it's free to the public |
|
|
Standing |
Defendant must have standing to oppose search and seizure (reasonable expectation of privacy) |
|
|
Nix v. Williams (1984) |
Nix was child molester; kidnapped and killed a girl; police had evidence against him except the body; He confessed and claimed it unreasonable; SC argued the body was inevitable discover |
|
|
Fay v Novia (1963) |
Three guys convicted of crime and two filed for appeals; Novia didn't; both were denied; Petitioned for writ of habeus corpus was accepted; Nova tried after friends got out; Courts held he could do that |
|
|
Exceptions to Haebus Corpus |
Writ cannot be: used to change law (only law/issues that have been settled), used if state has already considered 4th amendment well and decided against, used when someone procedurally defaults in the state courts |
|
|
Gideon v. Wainwright (1963) |
Gideon arrested for petty theft and was refused a free lawyer, free council only in certain circumstances, everyone charged with a felony has the right to a lawyer |
|
|
Argersinger v. Hamlen |
Right to council extended to misdemeanors |
|
|
Betts v. Brady |
Person does not get a free lawyer from the government |
|
|
Ross v. Moffitt (1974) |
You have the right to a lawyer but only for the first trial and appeal; if you are going to your first or second and lawyer continues to represent you cannot say that he/she was ineffective assistance in earlier trials |
|
|
Ake v OK (1985) |
You have the right to free psychiatric consult if using insanity defense; Ake and acomplice broke into a preacher's house and raped two girls and wife in front of father before killing them |
|
|
Harris v. NY (1971) |
Harris confessedwithout being given his rights so confession was excluded; he changed his story and prosecutor pointed out inconsistency; Became exception for Miranda |
|
|
NC v. Butler (1979) |
Person only has to hear the warning and say they understand their rights; comprehension is low for low IQ people |
|
|
Davis v. MS (1994) |
Defendant must say "I need/want a lawyer"; must be equivocal |
|
|
Berkmeyer v. McCarty (1984) |
Miranda only applies in police custody; not on roadside even though you cannot leave |
|
|
Illinois v. Perkins (1990) |
Police officer pretended to be a criminal in jail with Perkins, talked about crimes committed; Perkins argued his rights were violated but the court said if he's willing to tell anyone he has no right to privacy of the information |
|
|
Moran v. Burbine (1986) |
No extension of Miranda; a person can't be forced not to speak, even if lawyer revokes 5th amendment right; silence can't be used against them |
|
|
Fraiser v. Cupp (1984) |
Trickery is okay; police can lie; put murder suspects in two rooms and claimed the other already confessed |
|
|
NY v. Quarles (1984) |
Quarles was arsenist and at scene there were children; police saw him and questioned him about children; wasn't mirandized; okay because the childrens lives were in danger |
|
|
Gault case |
Pizza prank; juvenile has right to be Mirandized |
|
|
Jackson v. Deno |
Confessions have to be looked at separately by the judge and police have to be examined; judge decides whether proper actions were used to get info; if not, judge suppresses confession; if so, it goes to court |
|
|
Initial appearance |
Within 48 hours (6th amendment/bill of rights); tell what you're being charged for; probably cause determination; bail is determined |
|
|
Bail Reform Act of 1984 |
Ronald Reagan; judge determines that the defendant is a danger to himself or others and can be held in jail |
|
|
US v. Stone |
Judge remands him, sued for violation of rights; SC came down on side of congress |
|
|
Eberson and Kannuci study |
Experimental simulation with 18 judges; gave cases and asked what judges would do; relies heavilty on local ties and less on prior record; prosecuting attorney's recommendation is important (greatest impact) |
|
|
Preliminary hearing |
Determines if case should be held for grand jury; heresay (testify on what another person says) allowed; usually waved by defense |
|
|
Grand jury |
Meets secretly, privately, often defense won't know its happening; hears state's case; decides if state will succeed in case; federal court requires it |
|
|
Arraignment |
Determines if person can be arrested; indictment read; bail set; trial date set |
|
|
Discovery |
Learn what other side has against you; right to depose witnesses and view evidence |
|
|
Depose/Deposition |
to place witnesses under oath and ask them questions
|
|
|
Brady v. Maryland (1963) |
Requires exculpatory evidence to be shared with defense; If attorney doesn't give exculpatory evidence, could be disbarred and jailed |
|
|
Motion in limine |
Request for pretrial ruling on evidence issues |
|
|
Mu'min v. Virginia |
Defense does not have right to ask jurors what pre-trial publicity they have seen; can only ask if they have seen something |
|
|
Burden of proof in criminal case |
Beyond a reasonable doubt; 2 reasonable people cannot disagree |
|
|
Burden of proof in civil case |
Prove by preponderance of the evidence; just a little bit more belief than the other side |
|
|
Interrogatory |
List of written questions to be presented back to attorney with answers after 20 days; no follow up questions; less info but cheaper |
|
|
Venire |
Group of people; usually drawn from voter registration or liscensed drivers |
|
|
Voir Dire |
to tell the truth |
|
|
Kalven and Zeigel study (1966) |
Survey of judges, 3500 (550 responded); judges agree with juries 75% of time time, 50% would happen by chance; disagreement comes from different knowledge from case; juries more lenient |
|
|
Minor crimes conviction |
Judges convicted 83% of time and juries 65% |
|
|
Sparf v. Hansen (1895) |
Jury must follow law |
|
|
Duncan v. Louisiana (1968) |
Jury has power to decide |
|
|
US v. Dougherty (1972) |
Judge is not required to give nullification instructions |
|
|
Horowitz study (1988) |
Nullification instructions have a strong effect; more likely to acquit sympathetic defendant or convict a dangerous and culpable one |
