chapter 13 law Flashcards
psychological factors in law: defendant
- defendant attractiveness
-results show that attractive defendants defended more leniently, less likely to be judged as guilty & received less punishment - defendant characteristics: similarity
-if evidence is weak/ambiguous, decision-makers hv more sympathy if defendant has similar attitudes, religion, race, gender
how much is a confession worth?
exp: mock jurors made to read a murder trial
IV: no confession, low pressure confession, high pressure confession
DV: % of jurors convicting the defendant
result: jurors less likely to convict the defendant in high pressure confessions
do innocent defenders ever confess?
yes
factors that increase confession:
-vulnerability: suspects (may be induced to) lack clear memory about the event (esp for youth/those who are mentally ill)
-presence of false incriminating evidence
-inducements (potential benefits of confession)
psychological factors in law: eyewitness
accuracy of eyewitness identification:
phase 1: stage a theft, pick out “thief” from photos
-1/3 identifying thief was hard: cap & “thief” present for 12 sec
-1/3 “thief” revealed more of his face; present for 12 sec
-1/3 “thief” did not wear cap; present for 20 sec
phase 2:
-participants (witnesses) questioned & identified thief; session videotaped
-new participants (jurors) watched videotaped session & rated extent to which they believed the witness correct identified the thief
DV:
-% of witnesses who are accurate
-% of jurors who thought witness was accurate
results:
-as viewing conditions improve, % witnesses who correctly identified thief increase, % of jurors who thought witness made correct identification increase
acquisition stage:
weapon-focus effect: tendency for presence of a weapon to draw attention & impair person’s ability to identify culprit
cross-race identification bias: tendency for ppl to have difficulty identifying members of a race other than their own
storage & retrieval:
when there is bias it can get amplified
psychological factors in law: the jury & judge
-some people may not be seen to be explicitly biased, but are implicitly biased
-white jurors likely to convict a black defendant
-juries with at least one black jury member are less likely to convict a black defendant
^due to:
1. normative social influence
2. informational social influence
3. group polarisation
implicit biases in trial judges:
-strong white preference among white judges
-no real preference among black judges
-black judges hv comparable IAT scores to blacks on the internet
-white judges have statistically stronger white preference than other whites on the internet
exp: facial features & death penalty
-men with more stereotypically black features 2x as likely to be given death penalty (if victim is white, but not when victim is black)
-black ppl use drugs less than white ppl, but are 6x more likely to be stopped & searched for drugs
-among black ppl with cocaine possession, 78% were charged, 22% cautioned
-among white ppl with cocaine possession, 44% charged, 56% cautioned
key points
- trial outcomes can be influenced by defendant characteristics (e.g. attractiveness, similarity)
- defendants may admit to crimes they did not commit, esp under certain interrogation practices
- eyewitness testimony is not as reliable as ppl think
- jury members are susceptible to social influence & pitfalls of group processes in decision-making
- implicit biases get amplified through the legal process, from law enforcement to sentencing->biases in criminal justice system