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FPSYCH > Chapter 7: Juries > Flashcards

Chapter 7: Juries Flashcards

1
Q

What is a summary offence?
Who is it tried by?

A
  • minor offences
  • sentence under 6 months, fine under 2k
  • tried by judge alone (no jury needed)
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2
Q

What is an indictable offence?
Who is it tried by?

A

Depending on the severity of the offence, it can either be tried by the judge alone or by the judge and jury
In some cases the accused can decide

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3
Q

What is a hybrid offence?

A

The Crown chooses whether to pursue it as summary or indictable

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4
Q

What is the Juries Act?

A

outlines eligibility critera for the selection of jurors

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5
Q

What are some factors that deem someone ineligible to be on a jury?

(according to the juries act) (4pts)

A
  • certain professions (ex. people working in the justice system)
  • language barriers
  • 65+
  • only once every 3-5 years
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6
Q

What is a Jury Summons?

A

court order to arrive at court
- could involve penalty if not

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7
Q

selecting who will be on the jury:

What is the difference between a peremptory challenge and a challenge for cause?

A

Peremptory challenge doesn’t need a reason (isn’t used anymore)
Challenge for cause ensures that the lawer gives a reason as to why the person shouldn’t be on the jury

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8
Q

What are representatives?

A

Jury that represents the community where the crime happened

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9
Q

What are 2 fundamental characteristics of juries stated by the Supreme Court of Canada?

A

1) compositions represents the community (representatives)
2) lack of bias from jurors (impartiality)

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10
Q

What is impartiality?

In the role of a juror

A

being able to ignore biases
- decisions based on evidence alone

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11
Q

What are some ways a juror can remain impartial?

A
  • no connection to defendant
  • ignore inadmissable evidence/pre-existing bias (ex. not liking the person because they’re gay or because of their race)
  • decision only based on evidence of crime
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12
Q

How is representativeness ensured in jury selection?

A

Random selection

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13
Q

What are some concerns regarding pre-trial publicity?

(3 points)

A
  • may lead to biased verdicts (based on emotion)
  • jurors have a hard time ignoring negative publicity which leads to more guilty verdicts
  • this occurs with both negative and positive pre-trial publicity
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14
Q

What are 3 options used to try and overcome biases?

(in the jury ex. from pre-trial publicity)

A

1) change of venue
moving the trial to a community that isn’t the one impacted by the crime
2) adjournment
delaying the trial until sometime in the future
3) challenge for cause
reject biased jurors

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15
Q

What are the 4 functions of a jury?

A
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16
Q

What is jury nullification?

A

Juries may choose to ignore the law (however, they aren’t told this is an option)
- they feel the law is unfair (ex. abortion)
- feel punishment is too harsh for the crime (they think they’re 100% guilty but shouldn’t be punished)

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17
Q

What is the chaos theory of judgement?

A

Theory that when jurors are guided by emotion instead of the law, the result is chaos judgements.

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18
Q

What are 4 ways researchers can study jury behaviour?

A

Post-trial interviews
Archival Records
Simulations
Field studies

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19
Q

What is a deliberation?

A

When jury members discuss the evidence privately to reach a verdict to present to the court

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20
Q

What is the backfire effect?

A

When a judge’s instruction to disregard evidence makes that evidence even more memorable and therefore the jury has a hard time ignoring it

21
Q

What is a hung jury?

A

A jury that can’t come to a unanimous verdict

22
Q

Demographic variables for predicting verdicts

Racial Bias

A

more guilty verdicts for “other race”
- doesn’t typically have a big effect on the final verdict compared to other factors/variables

23
Q

Demographic variables for predicting verdicts

Black Sheep Effect

A

weak evidence - lenient
strong evidence - punitive
- people want to be supportive (?) if the defendent is their own race but if the evidence is strong and the defendent is considered a “black sheep” (honour killings? kind of?) then they are more likley to be punitive

24
Q

Predicting Verdicts

What are the 3 personality traits that are commonly measured in connection to jurors? Why?

A

Authoritarianism and dogmatism (stubborn)
- rigid thinkers
- pro-prosecution bias may lead to more guilty verdicts

Persuasiveness
- are people who are extroverted better at persuading others and vice versa?
- does a tall extroverted man have more influence? seem like they know what they’re doing?

25
Q

What is group polarization?

(problems with deliberations)

A

When individuals tend to become more extreme in their initial position following a group discussion

26
Q

What is “voir google”

A

new selection approach for jury selection that allows googling people online to see if they’re a good fit
- rules are murky

27
Q

Who is Luka Magnotta?

(re: jury impartiality + inadmissible evidence)

A

was a porn star/stripper + bi
- jury had a hard time ignoring this even though it had nothing to do with the crime (could cause bias ex. if someone is homophobic)

28
Q

What are 6 steps for reaching a verdict?

A

1) Jury selection
2) listening to evidence
3) disregarding inadmissible evidence
4) judge’s instructions
5) deliberations
6) final verdict

29
Q

Listening to Evidence

what are some advantages and disadvantages of allowing jurors to take notes?

A
  • taking notes especially for long trials helps facilitate memory and understanding
  • disadvantge was assumed that note takers would have more influence in deliberations because maybe they were more confident? (this isn’t true, though)
30
Q

Listening to Evidence

What are some advantages and disadvantages of letting jurors ask questions during trial?

A
  • helpful
  • promotes understanding
  • jurors typically ask appropriate questions

However,
- doesn’t really help establish ground truth

Conclusion:
- not helpful or harmful
- judge can decide whether its allowed

31
Q

What did Kassin and Sommers discover about inadmissible evidence?

A

Jurors can disregard evidence only if they are given logical reason (and are convinced of it)

32
Q

What do “judge’s instructions” refer to in the steps to reach a final verdict?

A

Judge outlines how the jury should apply law to facts

33
Q

Jury Research

Archival Records
What are some advantages and disadvantages?

A

Advantages: high external validity (based on real cases = generalizability)
Disadvantages: no control over data collection
can’t go back for more data
no cause-effect (can only say A relates to B NOT A causes B)

34
Q

Jury Research

Simulation Techniques
What are some advantages?
What are some disadvantages?

A

Advantages: high internal validity (can manipulate variables and therefore determine cause-effect)

Disadvantages: low external validity
- usually just uni students (select pop. not representative)

35
Q

Jury Research

Field Research
What are some advantages?
What are some disadvantages?

A

observing real life cases

Advantages: high external validity (real life)
Disadvantages: permission from judge is required (may be distracting or disruptive, may impact the defendant)
- semi-control

36
Q

Jury Research

Post-Trial Interviews
What are some advantages?
What are some disadvantages?

A

Talking with jurors after the trial (asking them for reasoning) ILLEGAL IN CANADA
Advantages: high external validity (real life)
Disadvantages (lots):
- juror may have social desire (15 mins of fame)
- may lie for self preservation
- may forget because trials can be bery long
- may not even know why they made the decision
- can’t establish cause-effect

37
Q

Current Issues

CSI Effect

A

more likely to convict a suspect if they recognize the procedures and techniques from TV (ex. DNA and finger prints)

38
Q

Current Issues

Law and Religion
Can faces be covered during trial?

R.v.N.S (2009)

A

it was thought that someone’s face needed to be completely exposed so they could see facial expressions

39
Q

What are 2 decision making models in deliberations?

A

1) mathematical models (kinda dumb)
- mathematical weight assigned to how relevant/important each piece of evidence is

2) explanation based models (more realistic)
- evidence organized into a whole (a story)
- good approach for lawyers when presenting evidence because it is naturally how we understand things

40
Q

What is leniency bias?

(problems with deliberations)

A

someone may seem like an expert so the jury puts more emphasis on what they have to say (ex. someone is a doctor)

41
Q

Predicting Verdicts (bias)

How could someone’s attitude potentially impact their role as a juror?

A
  • world views, opinions may get in the way
  • “death penalty supporting” jurors more likley to render guilty verdicts - pro capital punishment
42
Q

Predicting Verdicts (bias in the jury pool)

How could defendant characteristics potentially cause a biased verdict?

(2 pts)

A
  • people may focus on their criminal history and prior convictions
  • people may be more lenient when the defendant is attractive
43
Q

Predicting Verdicts (bias in the jury pool)

How could victim characteristics potentially cause a biased verdict?

(specifically female sexual assault victims)

A

Females sexual history used to be used to infer credibility (how likley she was to consent)
- people may see a high body count as an indicator of lying

44
Q

Predicting Verdicts (bias in the jury pool)

How could expert testimony potentially cause bias in the jury?

(characteristics of the expert)

A

influence that the expert has on the jury may depend on the physical characteristics of the person (are they female?)

What are their credentials? PHD? (usually the biggest driving factor of all 3)

Complexity of testimony:
found that complicated testimony “wows” the jury and they are more likley to side with the expert (esp. if they’re male)

45
Q

What is a grand jury?

A
  • hear several cases
  • seperated from normal jury
  • 12-23 people
    - decides whether to file charges
  • typically hears 1-2 trials a week
46
Q

What is the difference between Canada and the US+UK when coming to a final verdict?
What is a “first poll”?

A

Canada needs to come to a unanimous verdict where in the US and UK, it is determined by majority vote

A first poll is taken at the beginning of a trial to try and predict the final verdict. It is usually fairly accurate

47
Q

Challenge for cause

What are triers of fact?
What are some problems with this strategy? (4pts)

A

2 people from the jury pool who are asked to listen to the answers of a potential juror (lawyer asks questions to see if they’re biased) and decide if they think they’re impartial
- if they get into the jury, they become the next trier of fact

Problems:
- may alter answers
- may have other motives (ex. teacher friend)
- may be difficult to be honest
- may be unaware of their own bias

48
Q

Judge’s instructions

What are 4 strategies that have been proposed to improve juror comprehension?

A

They haven’t been 100% proven but:
- rewriting instructions
- providing a written copy of the instructions to jurors
- providing jurors with pre and post evidence instructions
- having lawyers clarity legal instruction during their presentation to the jury

FPSYCH (10 decks)

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