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;
29 Cards in this Set
- Front
- Back
|
SIRR |
Suggestive questions Social influences Reinforcement Removal from direct experience |
|
|
Us vs burr |
The law does not require a jury without any prepossessions whatever respecting the guilt or innocence of the accused |
|
|
Patton v. Yount |
Passage of time does not wash memories clean. Time can even enlarge and further distort memories |
|
|
MuMin v. Virginia |
The constitution does not allow defendants to question prospective jurors about the specifics of pretrial publicity |
|
|
Remedies of pretrial publicity |
Continuance Expanded voir dire Judicial instruction Imported jurors Change of venue Sequestering |
|
|
Dusky v.us |
Affirmed right to a pretrial competency evaluation |
|
|
Riggins v. Nevada |
Cannot force antipsychotics but state has right to otherwise treat for competency |
|
|
Sell v. Us |
Can forcibly medicate for competency if medically appropriate |
|
|
Logan v. Us |
Permitted exclusion of jurors who voiced scruples against the death penalty |
|
|
Witherspoon v. Illinois |
Defined scruples as voting against death penalty without considering evidence and those who's beliefs would prevent impartiality about the defendant's guilt |
|
|
Tort |
A wrongful act that causes harm to an individual |
|
|
Proving a tort |
1. One must owe another 2. One must breach a duty 3. Violation must be proximate cause of harm 4. Harm or lose must involve a legally protected right |
|
|
Factors of juror tort decisions |
Age and gender of plaintiffs Fault of the plaintiff Characteristics of defendant (companies pay more) Reprehensibility of defendant Amount of award requested |
|
|
Disparities in sentencing |
Some due to differences in laws across states Some due to experience and attitudes of judges |
|
|
Difference in black and white judges |
Black judges 1.7 times more likely to incarcerate But for slightly shorter periods of time More similarities than differences |
|
|
Do judges know the difference between good studies evidence |
No. Did not take peer review into account Judges with science backgrounds admitted the better one more 12 percent could find problems |
|
|
Kansas v. Hendricks |
Requires need to assess whether offender is sufficient risk to warrant civil committment |
|
|
Approaches to risk assessment |
Adjusted actuarial Pure actuarial Empirically guided clinical |
|
|
Sex offender laws may |
Decrease employability Decrease likelihood of finding housing Cause setbacks for those trying to improve Increase stress and isolation May increase likelihood of recidivism |
|
|
Concerns with registry and notifications |
Creates a community pariah Invasion of privacy more than any other criminal act Makes reintergration to society more difficult |
|
|
Megan's Law |
Sexual offenders recidivate at a uniquely high rate Notifications will arm and inform citizens Notifications deters sex offenders because they know others are watching |
|
|
Parental risk factors for criminal behavior |
1. Poor problem solving 2. Ineffective discipline 3. Lack of positive reinforcement 4. Inept monitoring |
|
|
3 types of false confession |
Voluntary Coerced compliant Coerced internalized |
|
|
2 Ingredients found in Coerced internalized |
A vulnerable suspect Presentation of false incriminating evidence |
|
|
Frazier v. cupp |
Case that allowed deceptive tactics used by police |
|
|
Mcmartin technique |
Suggestive questions Other people Postive consequences Negative consequences Asked and answered Inviting speculation |
|
|
Daubert criteria |
Falsifiability and empirical supported Peer review Reliable and accurate Widely accepted |
|
|
Critisizms of vis |
Inconsistant with crime being against the state, not the individual Contribute to inconsistant sentencing Diverts jurors and judges from facts Inflammatory and prejudicial |
|
|
Limits of vis should be |
the scope of vis vis regarding the value of different peoples lives Inferences about the defendant and your appropriate sentencing |
