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128 Cards in this Set

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Ways to improve accuracy of eyewitness line-up identification
Unbiased selection of fillers
Blind administrators
Instructions
Confidence rating immediately after ID
Sequential lineup may be better than simultaneous (studies vary)
Simultaneous verse Sequential lineups
Overall, simultaneous lineups are more accurate when the suspect is present, but sequential lineups are better if the target is absent
Daubert Standards
Expert must have proper credentials
Evidence must be relevant, probative, and reliable
In order to be reliable, evidence must be tested, peer-reviewed, have error rate, and generally accepted by the scientific community
Reasons why Judges Deny Experts for Eyewitness Testimony
EWT literature not mature or precise
Jury should decide credibility of the witness, and an expert invades the providence of the jury
Expert will make jurors skeptical of all witnesses, and thus would be prejudicial
Experts would just be explaining common sense notions
Scooter Libby Trial
Expert witness on memory not allowed
Judge states that evaluation of witness and memory errors is common sense and jurors have experience with it in their everyday lives
Common Sense Study
(Keil and Lockhart)
Even young children view psychology as common sense when compared to other areas of study, such as natural sciences and economics
When is testimony from experts on eyewitness testimony the best and most effective?
When testimony is clear, repetitive, and from prestigous university
Also makes jurors aware of information without being overly skeptical
"Battle of the experts" reduces credibility of the experts
Binet's Observations of Children
More suggestible than adults
More influenced by examiner's questions
More confident after repeated questioning but less accurate
More suggestible in groups
More accurate through free recall
Sam Stone Studies
Example of how stereotyped information influences children's memory and recall (thought Sam had broken and dirtied things when they were told he was clumsy)
When combined with suggestive interview techniques, resulted in the most false memories and reports
Harris Study
Children have a hard time distinguishing reality from fantasy when asked to use their imaginations
Mr. Science Studies
Children will recall non-experienced but suggested events (both touching events and science experiements) using minimal suggestive technique (story by parents three months later)
Also found that older children were just as prone to suggestion as younger children, but were better able to realize their mistake when challenged
Paco Perez Study
Found that children will falsely report fantastic events in detail if reinforced and will later recall them as having actually happened
False memories can occure for things other than the mundane
Also found that researchers could change and suggest false memories through reinforcement (praise, reward, punishment) and co-witness information (others students said so)
False allegations were greatest in reinforcement group
Only required one suggestive interview early on, not multiple ones
Techniques that interviewers used in the Kelly Michaels Case that could have caused false memories and allegations
Repeated questioning
Suggestive questions using anatomically correct dolls
Praise or reward for desired answers (reinforcement)
Critisized unwanted answers (indicating there were "right" and "wrong" answers)
Invited speculation and imagination
Peer pressure (others had said so and told the truth)
Reasons Why Not to Ignore Children's Testimony
Samantha Runnion case - friend gave a detailed description that lead to the arrest of the murderer
Goodman ("Creepy Man" Study) - children resist telling something untrue
Children have better verbatim memory traces than adults because they don't rely on schemas (memory test as an example)
Funnel Technique
emphasizes the use of free recall and open ended questions when interviewing children then moving to specific questions
Bruck and Ceci's Study Conclusions regarding children and forensic developmental psychology
Children can identify suspects and give accurate information through open ended questions and free recall
Interviews can be suggestive without leading questions
Don't need multiple suggestive interviews to influence children's reports, just one
Suggestions don't always lead to erroneous reports
Suggestibility is not just a problem for young children but also for older children and adults
Coy v. Iowa
Child cannot be concealed behind a screen during trial
Violates a defendant's sixth admendment right to face his or her accuser
Also erodes the presumption of innocence
Maryland v. Craig
Use of CCTV is permissible when children testify
Seems to overturn the previous ruling
Although CCTV is permissbile, jury might see child as less credible and lacking the emotional power of actually being in the courtroom
Crawford v. Washington
Hearsay evidence no longer allowed in child abuse cases
Cannot use testimony of witnesses that do not appear in court
Children can not testify about what another person said outside of court
False Memory in Adults studies
Lost Mall Study - 25% remembered after two interviews
Spilling the Punch Study - 27% remembered spilling punch on brides family, even elaborating about it
Could also implant traumatic events (being bitten by a dog) and impossible events (seeing bugs bunny at Disney World)
Hot Air Balloon Study - up to 50% of people remembered the story with doctored photo, and 75-80% recalled the memory with photo and narrative to go with it
Factors in adults that make them more prone to false memories
Use pictures
Very good at visual imagery
Score higher on tests of dissociation
When told to relax and imagine the event
Chowchilla Kidnapping Case
School bus full of children was hijacked and buried underground
Bus driver was able to escape and see the hijackers car, but couldn't remember license plate
Used hypnosis and successfully remembered the number, directly leading to arrest
Hyperamnesia
Idea that hypnosis might increase the recall of events
However, hypnosis also causes people to have more difficulty distinguishing between true and false memories
Also puts people in a more suggestive state
Scoboria Hypnosis Study
Combination of hypnosis and misleading questions lead to the most errors in memory
Leading questions alone resulted in more errors than hypnosis
Rock v. Arkansas
Case in which a woman shot her husband and could not remember because it was because of a faulty firing mechanism
Used hypnosis to remember this fact
SC found that Hypnosis cannot be completely banned
Can be evaluated on a case-by-case basis
Complete ban would limit a defendant's ability to testify on their own behalf
Freyd's Two Types of Trauma
Traumatic - prepetrated by a stranger and makes a person fear for their lives and which they remember for long periods of time
Social Betrayal - results in numbness and forgetting because memory and trauma must be repressed in order to survive (sexual abuse)
These theories lend credance to recovered memories
Social Betrayal and Child Abuse
When a child is violated by someone that is their primary provider and someone they depend on, it is evolutionarily beneficial for survival to try to forget the event
Gary and Holly Ramona Case
Daughter accused her father of sexual assault and rape after seeing a psychologist in college who used suggestive techniques
Sued her father, but her testimony was discredited becasue she used sodium amytal
After medical files became public, father sued her for defamation of character and won but only a small amout
Caused therapists to become more cautious and a decrease in repressed memory cases that go to court
Linda Williams Study
Interviewed women who had been sexually molested as children
Found that 38% couldn't remember and 16% had forgotten then remembered
Evidence for recovered memories
Guildford Four
Accused IRA bombers that were found guilty after coerced confessions
Used extreme tactics
Weren't even released after the actual bombers confessed
After they are finally released, UK passes laws stating that police can't lie or trick suspects and all interviews must be tapped
Paul Ingram
Case of the Sadistic Father (not really)
Daughters accused him of sexual assault and exploitation in a sadistic cult (and for killing their cult babies)
Idea was suggested by a counselor at their fundamentalist Christian church
Paul believes he must have done it if his daughter says so, believing the Devil entered his body, made him do it, and then forget about it
Psychologist proved that he didn't do any of the things he was accused of by implanting a completely false memory that his children said never occurred
Still plead guilty and was convicted
Central Park Jogger
Police forcefully interrogate five black youths after brutal rape of a woman in Central Park
They all confess after being promised that they can go home
All of their stories contradict one another and were very different
All were found guilty even though DNA evidence didn't match any of them
Michael Crowe
Confesses to killing his sister after an extreme interrogation where he was lead to believe he blocked out the memory
Scientific evidence later found that a mental patient passing through the area had commited the crime
Demonstrates extreme abuse by the police even though interview was taped
Choctaw Three
Woman in prison lies and says she is pregnant to get out
Doctors and guards believe her and release her
She sees a guard a while later (she obviously isn't pregnant) but the police think she killed her baby
They bring her, her husband, and her sister in and force them to confess after a lengthy interrogation and threats of the death penalty
Only released 15 years later
John Karr
Confessed to the murder of Jon Benet Ramsey
Impossible for him to have committed the crime because he was in Alabama at the time (fullproof alibi)
Arizona v. Fulminante
Supreme Court rules that appeals can't be granted based on the fact that interviews were coerced or because of wrongful confessions
States that confessions are just like any other piece of evidence
States that confessions are "harmless," but several studies say otherwise
Kassin and Neumann Study
(College Student and Confession Study)
College students read cases that involved trial summaries for murder, rape, assault, and auto theft
Evidence ranged from confession to EWT to character witness to control
Found that confessions were the most powerful evidence in almost all cases (not auto theft)
More likely to convict even if the confession is retracted
Types of False Confessions
Voluntary False Confessions - want to be punished or need an alibi
Coerced Compliance False Confessions - forced to confess (Choctaw Three)
Coerced Internalized False Confessions - really believe they did it (Michael Crowe, Paul Ingram)
Four ways of knowing that a Confession is False
Crime didn't occur - Choctaw Three
Physically impossible for suspect to have committed the crime - John Karr
Real perpetrator confesses - Central Park Jogger
Scientific evidence points to different culprit - Michael Crowe
Five components of Developing an Internalized False Confession
Vulnerable suspect (young, low IQ, suggestible, etc)
Police use false evidence
Suspect tries to reconcile lack of memory with alleged evidence
Suspect makes tenative admission of guilt
Suspect then converts simple admission into a full confession and detailed report
CTL Key Test and False Confessions Study
College students doing a fast or slow paced task on the computer with or without a witness in the room
When computer crashes, asked to sign a confession sheet
When there was no witness, only those going fast were inclined to sign confession
When there was a witness, both fast and slow groups were inclined to sign the petition
However, those going fast when there was a witness overwhelmingly internalized the event
Videotape and Audio Study
College students and investigators listened to 5 true and 5 false confessions
Students were more accurate, while investigators were more confident
Neither were much better than chance, though
Both did better with audio than with video (don't make wrong assumptions about nonverbal cues)
Woman Named Betty Study
(Gray and Wegner Study)
When students met Betty and saw her being totured, they were more likely to think she was guilty
This is because of cognitive dissonance - percieving pain in others creates discomfort and subject must see person as deserving of pain to reduce discomfort
Those that didn't meet Betty and listened to her being tortured were more likely to think she was innocent
This is becasue of moral type-casting - tendency to see people as either victim or perpetrator but not both (if in pain, more likely to be seen as victim)
Behavioral Analysis Interview
Intensive program established by Reid, Buckley, and Jayne to train interrogators to distinguish lies from truths
Uses verbal cues, nonverbal cues, and behavioral attitudes
Entire goal is to elicit a confession
Claim that they only interrogate guilty people and that these methods are justified
Deception Detection Study
Found that Secret Service agents were the best at detecting deception and lies, but not 100% (only 64% accurate)
Most people are only slightly better than average
Found a small percentage of people who were lie detector wizards (probably by chance)
Why are we bad at decieving deception?
Truth Bias - we expect people to tell the truth in order to function in the world (want and need to believe someone)
Lie Bias - police and inmates actually have biases the other way around because they constantly see people who are lieing to them
Characteristics of a Liar
Hand gestures to a minimum
Voice is tense and high-pitched
More or less speech errors or hesitations
Less vocally expressive
Don't show spontaneity
Lack of details
Stories are less plausible
Stories are shorter
Display micro-expressions
These characteristics are usually contrary to the stereotype
Micro-expressions
When someone is speaking and remembering things that happened, a flash of emotion will wash over their face
Liars try to hide this expression quickly, resulting in a micro-expression
Frye Standard and Polygraph
Frye standard - scientific evidence can only be admitted into evidence if it is generally accepted by the scientific community
Polygraphs currently do not meet the Frye standard and are thus not considered admissible in court
Frye has been superceeded by Daubert in federal court, and the practice has been adopted by many state courts (some still go by just Frye)
Control Question Test
Relies on relative arousal
Ask relevant question related to crime (did you do it?)
Ask control questions that are broad and related to the character of the person (also known as lie questions - did you cheat on a test?)
Guilty peopel should show more stress on relevant questions and innocent people on control questions
Problems with Control Question Test for the Polygraph
Some people are so emotionally non-responsive that lying produces little physiological response (psychopaths)
No guarantee innocent person wont react strongly
Person has to have faith in the validity of the test
Examiner must be skilled in devising control questions
Guilty Knowlege Test for the Polygraph
Ask specific questions or details about the crime that only the perpetrator would know
Multiple choice, so perpetrator should show more stress on correct answer while innocent person should show similar stress throughout
Reduces the status of the examiner (good!)
Problems with the Guilty Knowledge Test for the Polygraph
Keeping details out of the Press
Assumes that the guilty party actually encoded the details and facts the interrogator is asking for
Brain Fingerprinting
EEG response to a stimuli of special significance in a case is monitored
If stimuli is meaningful for the suspect, brain reaction indicates they are familiar with it and are thus guilty
fMRIs in Deception Detection
The "No Lie fMRI"
Monitors brain activity in the pre-frontal cortex
If someone is presented with a stimuli that they recognize or of significance while they are trying to lie, fMRI will detect activity because they are exerting energy to lie
Five of Clubs test - subjects given $20 to lie and say they don't have a five of clubs while in the machine
Extremely accurate - 96-100%
However, very susceptable to countermeasures
Easier to trick than a polygraph
Minimization
Investigators try to elicit a confession by minimizing the crime and making suspect look toward the future in order to confess
Implies leniency if the suspect confesses
Maximization
Method that interrogators and police officers use to emphasize the strength of the evidence against the suspect during a confession
Horrible things will happen if the person doesn't confess
Behavioral Confirmation Study
(Stealing Money Study by Kassin)
Had undergraduates steal money or not from cabinet
Told intestigators that either 4/5 were guilty (presumption of guilt) or 1/5 were guilty (presumption of innocence)
Interrogators were more likely to think that innocent suspects were guilty than actual guilty suspects (especially when there was a presumption of guilt)
In part due to behavioral confirmation - investigator forms a belief, behaves toward suspect in that manner, and suspect responds in way that supports investigator's belief
Miranda Warning
Statement of a suspects right to remain silent
80% of suspects waive their right (usually innocent people) because they are not informed or because they think they have nothing to hide
"Alternative Question"
Find info
Who has problems with Miranda warning?
Juveniles
Mentally retarded
Adults who have misconceptions about the judicial system
Adult non-offenders without criminal justice experience
$100 Study
(Kassin and Norwick Study)
Participants either do or do not steal $100 in a mock crime
Students are told to do whatever they can to defend their innocence
Innocent participants were much more likely to waive Miranda rights in all circumstances
Why do innocent people waive Miranda rights?
Self-presentation
Power of innoncence to prevail
Belief in a just world
Illusion of Transparency
Peter Reilly Case
Waived Miranda Rights after being accused of murdering his mother
Didn't ask for an attorney because he thought his innocence would speak for itself
High/Low Pressure Confession Study
(Kassin and Sukel)
Juries do not discount coerced confessions
Even when mock jurors knew that confessions were coerced, they were more likely to convict
Although jurors say that the confession didn't influence them, it did
Videotapping Confessions
If camera is focused at suspect, confession is seen as more voluntary, less coerced, and jury is more likely to convict
If focused on interrogators, more likely to believe interview it is coerced
If focused on both, more balanced view
Wyatt v. Stickney
Right of the mentally ill to receive treatment
Found that three fundamental conditions had to be present: humane environment, sufficient and qualified staff, individualized treatment plan
Lead to de-instutitionalization
Donaldson v. O'Conner
Right to freedom from custodial confinement
If not a danger to self or others, could not keep people confined
Lead to de-instutitionalization
Rone v. Fireman
Right to least restrictive setting for treatment
If person could be treated in the community, then they should be
Lead to de-instutitionalization
Three states of mind
Commitment - focuses on present and future
Competency - focuses on present and near future
NGRI - focuses on specific moment in the past
Civil commitment
Must be dangerous to self, others, or show a grave disabiltiy
APA would like to add the "Thank You" theory - person would likely suffer substancial mental or physical deterioration if not hospitalized
Addington v. Texas
Sets burden of proof at "clear and convincing" in order to involuntarily commit someone
Greater than a preponderence of the evidence, but less than beyond a reasonable doubt
Tried to claim that standard should be set at beyond a reasonable doubt because of loss of freedom, but SC didn't buy it
Dusky Criteria for Mental Competency to Stand Trial
The defendant must have sufficient present ability to consult with his attorney with a reasonable degree of rational understanding
The defendant must have a rational as well as a factual understanding of the proceedings against him
Can be found IST by a preponderance of the evidence
No standardized assessment
Court assumes that everyone is competent to stand trial
Restoring Competency Study
Found that with a education program about the legal process, competence was restored in 43% of defendants after three months
Without the program, restored in 15% after 3 months
Riggins v. Nevada
Rights were violated by making defendant take medication while waiting to go to trial
SC said that this was unfair and that people have the right to deny medication
Sell v. US
Dentist case who was delusional
Refuses to take medication
SC found that the state can forcefully administer medication to render a defendant competent to stand trial under certain circumstances:
Important government issues at stake
Treatment is unlikely to have side effects that will undermine the fairness of the trial
Medication is necessary (other less intrusive means of treatment have been tried)
Adjudicative Competence
Developed by Bonnie and goes beyond Dusky criteria
Made up of two parts - foundational competence and decisional competence
Foundational Competence:
Understand basic elements of the legal system
Relate relevent information to attorney
Understand one's position as a defendant
Decisional Competence:
Understand information relevant to decisions to plead guilty, plea bargain, etc
Reason about alternatives
Appreciate decisions that are made
Make a choice about those decisions
Who has difficulty understanding Miranda rights?
Look up info
Godinez v. Moran
Man confesses murdering his wife and several other people, decides to plead not guilty, is found competent, waives his counsel during the trial, pleads guilty, is sentenced to death, and appeals his case
Claims that he wasn't competent to stand trial
SC states that because he was found competent to stand trial, he was competent to plead guilty and take the consequences
Colin Ferguson
Black man who served as his own attorney after waiving counsel
Was still found guilty, but emphasized the positives of serving as your own defense:
Defendant can humanize themselves to the jury
Defendant can give their version of the events through questioning and does not have to take the stand
Indiana v. Edwards
Supreme Court rules that a judge can refuse a defendant from defending themselves if it is in their best interest
Someone can be competent to stand trial but not to defend themselves
Ford v. Wainwright
Cruel and unusual punishment to execute an incompetent prisoner
Judicial system wants people to understand why they are going to trial, what the consequences are, and why they are being executed
Singleton case
Starts having hallucinations while on death row and is put on medications to control him
He was executed because he was voluntarily taking the drugs
Atkins v. Virginia
Supreme Court rules that it is cruel and unusual punishment to execute a mentally retarded prisoner based on evolving standards of decency
Atkins was eventually executed because the court claimed that his IQ had risen to above 70 (mostly because of the appeals and talking to his lawyers)
His sentence was later communted
Kenneth Bianchi
The Hillside Strangler Case
Tried to fake multiple personality disorder
Psychologist proved that Bianchi was faking by introducing a fact to him
Faking incompetence is hard to do
Distortions about NGRI in the public
Think that it is a rich man's defense
Allows a large population of inmates to return to society
Sentences will be shorter
Believe that the trial is usually just a battle of the experts
All of these beliefs and assumptions are wrong
M'Naughten Rule
"Right or Wrong Test"
Everyone is presumed sane
Legally insane if:
At the moment of the crime, the accused was laboring under a "defect of reason" or from a "disease of the mind"
The accused did not know the nature and quality of the act they were doing
If they did know it, they did not know what they were doing was wrong
Two questions must be answered:
Did he know what he was doing?
Did he know it was wrong?
Wild Beast Test
If someone doesn't know what they are doing from a wild beast, then they aren't culpable
Irresistable Impulse
Because of mental illness, the person lost the power to resist engaging in wrong behavior even though they nkow that it is against societal standard
Very ambiguous and hard to determine
Policeman at the elbow test - would they have done it if a policeman had been at their elbow?
Durham Rule
(The Product Rule)
Person is not guilty if their action was the PRODUCT of their mental illness
This gives more power to experts during a trial
ALI Rule
(Brawner Standard)
If a person lacks substantial capacity to APPRECIATE the wrongfulness of their conduct or if they could not confirm their conduct to the law, then they are legally insane
More flexible than M'Naughten
Insanity Defense Reform Act of 1984
Changed standards back to the M'Naughten Rule
Courts now presume sanity
Mental disease must be "severe"
Irresistable impulse prong eliminated
Experts barred from giving "ultimate issue" testimony (can't say if they were actually insane at the time crime was committed)
Changes that occurred after Hinckley case
Stricter standards used to prove insanity and to win NGRI cases
Adoption of the Insanity Defense Reform Act of 1984 by federal courts (a thus several state courts)
Abolition of NGRI in many states
Replaced with Guilty but Mentally Ill
Diminished capacity is seen as a mitigating factor
Reasons why Hinckley was found NGRI
Burden of proof was placed on the prosecution that he was SANE beyond a reasonable doubt
Used a broad definition of mental illness and mental defect
Judge allowed testimony that spoke to the affective interpretation of "appreciate" and not just hte cognitive interpretation (more lenient)
Reasons why Andrea Yates was not found NGRI
Incorrect testimony by Dietz
Death-qualified jury was assembled because the prosecutor was seeking the death penalty (really just wanted a conviction)
DQ jurors tend to have more negative views of NGRI
More likely to find the defendant guilty than excusables
Venire
Pool from which potential jurors are drawn
Construction of a pnel of potential jurors that will be drawn from a fair proportion of the population
Must be representative (actual juror does not have to be)
Voir Dire
Pre-trial interview during which attorneys have the chance to remove or challenge potential jurors through two methods:
Exclude for cause - because of a person's bias, prejudice, situation, etc with approval of judge
Peremptory Challenge - without reason or cause, but cannot exclude because of race of gender (discrimination)
If asked, attorney must give reason for why they excluded
Batson v. Kentucky
Judge excluded all blacks from the jury
SC finds that challenges cannot be made on the basis of race or gender
If challenged, attorneys must give reason
Witherspoon v. Illinois
Prosecutor got rid of all the objectors to the Death Penalty, resulting in a very pro-death jury
SC found that a person would be excluded if he "would vote against the death penalty under any circumstance," such a Hitler on the stand
Also excluded jurors who would find the defendant not guilty because of the threat of the death penalty
Wainwright v. Witt
SC allows judges to exclude a juror if the judge feels that the juror's views would prevent or impair the performance of his or her dutied during the trial
Broadens exclusion of jurors
Lockhart v. McCree
SC rejects defendants request for two seperate juries - one for the trial and one for the penalty phase - because the court says that the first jury selected is representative
Also state that only the venire must be representative of the community, not hte actual jury
Liberation hypothesis
Judges feel more freedom in choosing a verdict and presiding over trial if the offense is less serious
The more serious the offense, the less control and leniency the judge feels like they have
Heterogeneous Juries compared to Homogeneous Juries
Deliberate longer
More thorough with evidence
Bring up a variety of issues
Seen as more legitimate and fairer
Williams v. Florida
SC says that it is constitutionally permissible to have a six person jury in non-capital cases
Relied on social science evidence, but the evidence was wrong
Larger juries are actually better (deliberate longer, recall evidence more accurately, have more agreement, more representative, and hand down more consistent verdicts)
Unanimous Juries compared to Majority Rule Juries
Spends more time discussing evidence
Takes fewer votes (puts fewer people on the spot)
Exerts less pressure on others
Less likely to hang
Listens to minority opinion more
Results in greater juror satisfaction
Why are jurors influenced so highly by Inadmissible evidence?
Because of the psychological processes of reactance and ironic processing
Reactance
Emotional reaction in direct contradiction to instructions that limits behavioral freedom
("Don't think about this, you can't consider it")
Ironic Processing
("White Bear")
Person's deliberate attempts to suppress certain thoughts that results in thoughts becoming more persistent
Like trying not to think about a pink elephant when you are told not to
Influence of Pre-Trial Publicity on verdicts
Jurors are more likely to see juror as culpable
Effect is greatest during pre-trial phase
The more information juror can recall, the more likely they are to see the defendant as guilty
TV and print coverage, emotional content, and more serious crime causes more of an effect
Methods courts use to deal with Pre-Trial Publicity
Continuance
Judicial instructions
Expanded Voir Dire (doesn't work becasue jurors are often unaware of their own biases)
Change of venues (most effective)
Characteristics of juries that result in higher conviction rates
Similarity with Defendant if the crime is serious or heinous (dis-similarity if not)
Authoritarianism if defendant is not a person with great authority
Internal locus of control
Belief in a just world
Black Sheep Effect
Someone inside the groups will be treated more harshly by groups members than those outside the group if they have done something to shame or embarrass the group (even though the out person did the same thing)
If defendant is similar to the jurors, then he will be punished harder if found guilty
Under what circumstances is scientific jury selection the most effective?
When there is an extended voir dire as opposed to a shortened voir dire
When a consultant is brought in an used
Effects of Prior Conviction evidence
More likely to convict if prior offense waht the same
Prior acquittal evidence does not seem to prejudice the jury
Juries LOVE someone with a clean record, though (as well as defendants who take the stand)
Stealing Thunder
Introduce negative information before the other side can in order to minimize its effect on the jury
OJ Simpson Trial and Story Model
Prosecution thought that black women on the jury would be more inclined to identify with domestic violence victim and find OJ guilty
Defense saw it a different way and felt like the black women would identify with the story that the white police detective was planting evidence on OJ
Black women went with the defense
Story fit their own narrative the best
Dennis Devine Study and Jury Deliberations
If jury leanings are known before entering deliberation, outcome can be inferred, holding that:
10+ one way, verdict wont change
7- jurors will acquit
8-9 up in the air
Jury Deliberation stages
Orientation (foreman elected, procedure discussed, verdict or evidence driven jury decided)
Open Conflict (try to win everyone over to the majority side)
Reconciliation (come together as a group and resolve on one decision)
Proposed Jury Reforms
Clearer instructions
Written instructions
Instructions delivered before and after evidence
Note taking
Asking questions
Discuss the case throughout hte trial instead of just at the end
Furman v. Georgia
Supreme Court puts a moratorium on the Death Penalty
Claims that it is being arbitrarily imposed at the time
Gregg v. Georgia
Capital punishment states again
Sets down stricter guidelines that must be followed for the DP to be imposed:
Bifurcated Trials
Consider mitigating and aggravating factors
All DP rulings are automatically reviewed by state supreme courts
Why are mitigating factors seen as aggravating factors by jurors?
Many aggravating factors, such as child abuse and substance abuse, are seen as out of the defendant's hands and impossible to change
Although we think that we can change personally, we rarely think that others can permenantly change and that their true self will still leak out
Capital Jury Project
Analysed actual cases
Found that nearly 50% had reached a premature verdict and decided on punishment
Saw DP as the only acceptable punishment for some types of murder
Some believed that if the defendant was found guilty it was their responsibility to give them the death penalty
Didn't understand the alternative to the DP very well
Racial factors were present
Didn't understand difference between aggravating and mitigating circumstances
McClesky v. Kemp
Argued that DP was applied in a racial biased manner
SC upheld conviction, stating that there was no evidence that the jurors in his specific case were biased, although they acknowledged that racial bias can occur based on psychological studies
"Alternate Question Technique"
Interrogators provide two alternatives to suspects, one positive and one negative, with the underlying assumption that the crime was committed
As a result in the rise in the use of the AQ, the SC has decided that the DP will not be implemented if the defendant is:
Mentally Retarded
Mentally Incompetent
A Juvenile
In cases of rape
Cases decided by the judge (does not reflect the concensus of society)
This was decided because the AQ puts these people on an unfair playing field
Special Housing Unit Syndrome (SHU)
Total isolation results in oversensitivity to stimuli, social withdrawal, anxiousness around other people, emotional flatness, and ruminations about retribution
Officers have total control and inmates feel helpless and depressed
Have delusions and hallucinations
Creates mental illness
Madrid v. Gomez
Class action suit brought against the warden at Pelican Bay because of cruelty of SHU
Found that solitary confinement was cruel and unusual punishment (only at that facility)
The Three Justices
Distributive - outcome
Procedural - treatment
Commonsense - intutions