EXAM Flashcards

1
Q

Dahmer

A

Tried in 1992
Killed 17 men
Cannibalism
Defense tried to claim insanity - used ALI, found to be responsible

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2
Q

Archival Research to Study Jury Decision Making

A

Includes records of trials, transcripts, police interviews

High external validity

Weakness: inability to establish cause and effect, restricted data, unaware of reliability of data

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3
Q

Simulation Techniques to Study Jury Decision Making

A

Simulate a trial and have participants answer questions individually or as a group (can manipulate IV to see effects)

High internal validity

Low external validity

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4
Q

Field Study to Study Jury Decision Making

A

Use of actual jurors participating in jury duty

High external validity

Low internal validity (cause and effect, comparison group)

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5
Q

Representative Jury

A

A jury which represents the community

Random selection
All members have chance to participate
Reflect ideas and beliefs about community

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6
Q

Right to a Jury

A

Summary Offense - Judge Alone

Indictable Offense - Judge Alone (Less serious), Judge and Jury (Highly serious), Choice (Unlisted)

Hybrid - Judge Alone (Summary), Judge and Jury (Indictable)

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7
Q

Interviews with Jury to study Jury Decision Making

A

In Canada jurors can’t discuss what occurs in deliberation so have to go to the U.S.

High external validity

Weaknesses: Unreliable accounts, can’t establish cause and effect

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8
Q

Jury Comprehension Aids

A

Note-Taking - serves as memory aid and to help understand evidence through accord record of trial

Question Asking - neither particularly helpful nor harmful in trial

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9
Q

Summary Offenses

A

Tried by Judge Alone (No right to a jury)

Involve sentence fewer than 6 months and fine less than $2000

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10
Q

Factors which influence Jury Decision Making

A
Trial Evidence
Comprehension
Beliefs
Jury Size
Attitudes
Decision Rule
Presence of Expert Witnesses
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11
Q

Hybrid Offenses

A

Cross between summary and indictable

Indictable (Judge and Jury) - max. 5 years in jail

Summary (Judge Alone) - max. 6 or 18 months in jail

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12
Q

Indictable Offenses

A

Less Serious (Judge Alone) - Theft, breaching probation, deceit

Highly Serious (Judge and Jury) - Murder, treason, piracy

Unlisted (Choice) - Robbery, sexual assault with a weapon

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13
Q

Explanation Model of Jury Decision Making

A

Suggests that evidence is organized into a coherent whole

Realistic and intuitively appealing
Not precise or testable

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14
Q

Story Model of Jury Decision Making

A

Jurors organize information into a story
Judge provides relevant law and verdict options
Jurors find best fit between story and verdict

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15
Q

Mathematical Model of Jury Decision Making

A

View jurors as conducting a set of mental calculations regarding importance and strength of each piece of evidence

Precise and Testable
Not intuitively appealing or realistic

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16
Q

Challenge for Cause

A

Option to eject biased jurors

Must demonstrate partiality in community

Prospective jurors are probed with a set of pre-determined questions approved by the judge to examine jurors state of mind or thinking

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17
Q

Change of Venue

A

Moving trial to another community away from crime

Must demonstrate reasonable likelihood that community is biased or prejudice (Pretrial publicity, heinous crime, small community)

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18
Q

Adjournment

A

Delaying trial until some time in the future to allow for sufficient time to pass so that biasing effects of any pretrial information has dissipated

Issue: witnesses forget, move, or die

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19
Q

Sources of Juror Bias - Interest Prejudice

A

Direct interest or involvement in case (ex. related to victim)

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20
Q

Sources of Juror Bias - Specific Prejudicial

A

Specific attitude about case in questions (ex. prejudice against defendant)

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21
Q

Sources of Juror Bias - Generic Prejudice

A

Specific beliefs about people/crime related to case (ex. racist in case with black defendant)

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22
Q

Sources of Juror Bias - Normative Prejudice

A

Community sentiment affects opinion of case (ex. fans of sports athlete)

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23
Q

Impartial Jury

A

Unbiased Jury Characteristics

Attitudinal (Prejudice) - set aside pre-existing biases, prejudice, or attitudes

Behavioral (Discrimination) - Must ignore information not part of evidence

No connection to defendant/victim

Threats: Emotion, Media Coverage

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24
Q

Functions of a Jury

A
Not Sentencing
Increase knowledge of justice system
Act as conscience for community
Use wisdom of 12 rather than 1
Protect against outdated laws
Apply law to admissible evidence and render verdict
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25
Q

Presumptions of Impartiality in Canada

A

Limits on pretrial publicity
Limits on discussion by jurors
12 person jury (cancel out biases)
Reminders about sworn oaths

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26
Q

Fitness to Stand Trial

A

Current Mental State:
Understand nature of or object to proceedings
Understand possible consequences
Communicate with counsel

Assessed by psychiatrist - FIT-R or MacCAT

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27
Q

Defining Fitness

A

Is the accused able to assist in his defense?

Does the accused understand their role in the proceedings?

Does the accused understand the nature/consequences of the proceedings?

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28
Q

FIT-R

A

Identify Mental Disorder (Fitness)

Semi-Structured interview

Covers main fitness standards: Understanding of proceedings, communicative with counsel, understanding of consequences

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29
Q

Defining Responsibility

A

M’Naghten Standard - Cognitive

Irresistible Impulse Test - Volitional

ALI Standard - Cognitive/Volitional (Dahmer)

Guilty But Mentally Ill

NCRMD - Canada

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30
Q

MacCAT-CA

A

Fitness to go to trial and plead guilty

Structured interview

Understanding of legal system, situation and circumstances, reasoning ability

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31
Q

R-CRAS

A

Identifies Insanity

Rogers Criminal Responsibility Scale

Organicity
Psychopathology
Cognitive/Behavioral Control
Reliability (deceit, coaching)

32
Q

MSE

A

Identifies Non-Insanity

Mental Status Examination

Psychological history, Mental state at time of offense, current mental status

33
Q

NCRMD Treatment

A

Primary - Medication

A defendant found NCRMD should be detained (Forensic Hospital) only if they pose a threat to the public otherwise they should receive Absolute Discharge or Conditional Discharge

34
Q

NCRMD

A

Mental state at time of crime

Retrospective assessment done on state of mind

Assessment order can take 30-60 days (R-CRAS, MSE)

Only defense can raise issue unless verdict of guilty has been handed down

35
Q

Goals of Sentencing

A
Denunciation 
Specific Deterrent
General Deterrent
Incapacitation (separate from society)
Rehabilitation
Reparation (repayment)
Promote Responsibility
36
Q

Principles of Sentencing

A

Must be proportionate to gravity of offense
Must be proportionate to responsibility of offender
Should not deprive of liberty

Sentences for similar crimes should be similar
Sanctions other than imprisonment should be considered
Criminal record should play a role

37
Q

Sentencing Options

A
Absolute Discharge 
Conditional Discharge
Reparation
Fines
Community Service
Conditional Sentence (community)
Imprisonment
38
Q

Unwarranted Sentencing Disparity

A

Variations in sentencing patterns due to influence of factors not legally relevant to case

39
Q

Systematic Disparity

A

Consistent disagreement among judges about sentencing decisions

Due to: differences in judges views, personality, experience

40
Q

Unsystematic Disparity

A

Inconsistency in a single judges decisions on similar cases

Due to: judge’s mood, irrelevant stimuli, interpretation that day

41
Q

Death Penalty

A

Canada - abolished 1976/1999
USA - Permitted in 38 states

Arguments Against:
Does not act as deterrent
Expensive
Biased
Handed down to innocent
42
Q

Public Attitudes on Sentencing

A

Feel offenders are treated too leniently
Little confidence in CJS
Support alternative sentencing options

43
Q

Parole

A

Conditional release into community

Attempt to rehabilitate offenders

Community supervision

44
Q

Types of Parole - Temporary Absence

A

Enter community on temporary bases (class, counseling, etc.)

45
Q

Types of Parole - Day Parole

A

Enter community for a day (community activities, hold down job, etc.)

46
Q

Types of Parole - Full Parole

A

Serve rest of sentence in community under supervision (assessment to determine recidivism)

47
Q

Types of Parole - Statutory Release

A

Mandatory release after two-thirds of sentence (supervised, recidivism assessed)

48
Q

Effect Size

A

Degree to which Treatment and Comparison group differ (reducing recidivism)

\+  = Lower recidivism for Treatment group 
-   = lower recidivism for Comparison group

Ex. +0.9 = Treatment group shows highly reduced recidivism

49
Q

Metal-Analysis

A

Statistical aggregation of the results derived from many independent studies in order to integrate findings to find an effect size

50
Q

Need Principle

A

Intervention should target Criminogenic Needs

Dynamic attributes associated with recidivism - can be changed through intervention, targeting these needs affects probability of recidivism:

Antisocial attitudes, personality, behavior, and peers
Education
Substance Use

51
Q

Risk Principle

A

Correctional interventions should target offenders who are at high risk to re-offend

52
Q

Responsivity Principle

A

Delivering treatment programs in a style and mode matched to the ability and learning style of the offender and their personality

General Responsivity - based on general knowledge of offenders
Specific Responsivity - based on individual differences

53
Q

Responsivity Results

A

Show that meeting responsivity in treatment programs is the most effective way to reduce recidivism rates

54
Q

‘What Works’ Carleton University Meta-Analysis

A

Higher risk clients must be targeted
Criminogenic needs must be included in treatment
Adherence to responsivity advised
Adherence to ECT principles reduces re-offending
Non-residential setting reduce recidivism
Effective workers must be relied on

55
Q

Risk Assessment

A

Used for prediction and management of risk

Informs: sentencing, classification, treatment, parole, supervision, release conditions

Goals: Improve accuracy, consistency, and transparency

56
Q

Risk Prediction

A

Assesses risk factors and whether people will commit future violence

57
Q

Risk Management

A

Focuses on identifying treatment to manage and reduce risk factors and prevent re-offending

58
Q

Static Risk Factors

A

Factors that do NOT change over time and are not affected by treatment

Can be reliability measured and are very predictive (convenient and frequently used)

Examples: Demographic variables, History of Criminal Behavior or mental illness

59
Q

Dynamic Risk Factors

A

Factors which change over time and can be changed with treatment

Less convenient and reliable in risk assessment so not used as frequently

60
Q

Stable Dynamic Risk Factors

A

Persistent, change slowly

Examples: criminal attitudes, coping ability, impulse control

61
Q

Acute Dynamic Risk Factors

A

Rapidly fluctuating

Examples: Intoxication, mood

62
Q

Big Four Risk Factors

A

Criminal History
Personality
Attitudes
Peers

63
Q

Unstructured Clinical Judgement

A

Decisions based on professional discretion with no guidelines or pre-defined rules

Subjectively select, analyze, and interpret risk factors

Adv. Idiographic, Flexible
Dis. Inconsistent, Low Accuracy

64
Q

Actuarial Tools

A

Decisions based on risk factors that selected and combined based on empirical or statistical association with specific outcome (statistical model)

Ex. VRAG

Adv. Consistent, High Accuracy
Dis. Nomothetic, Validity across samples

65
Q

Structured Professional Judgement

A

Decisions guided by pre-determined list of risk factors selected from research, final decision determined based on clinical judgement

Ex. HRC-20

Adv. Flexible, Nomothetic-Idiographic
Dis. Moderate accuracy, less consistent

66
Q

Measuring Predictive Accuracy - ROC Analysis

A

Receiver Operating Characteristics

Used for measuring accuracy of risk assessment by examining false positive and true positives across decision thresholds

67
Q

Measuring Predictive Accuracy - AUC

A

Area Under Curve

Reflects predictive accuracy
0.50 (chance) to 1.00 (perfect accuracy)
Independent of specific thresholds or cut-offs
Not impacted by base rates or prevalence

68
Q

Interpersonal Features of Psychopathy

A

Glib/Superficially charming
Grandiose, inflated self-worth
Manipulative

69
Q

Affective Features of Psychopathy

A

Shallow emotions
Lack of Guilt
Callous

70
Q

Lifestyle Features of Psychopathy

A

Impulsive
Irresponsible
Poor anger control
Criminal Behaviors

71
Q

Psychopathy

A

Personality Disorder defined by a collection of interpersonal, affective, and behavioral characteristics including: manipulation, lack of empathy or remorse, impulsivity, and antisocial behaviors

72
Q

Psychopathy Base Rates

A
90% of serial killers
1% of population
10-25% of prisoners
44% of police killers
20% male prisoners
14% female prisoners
73
Q

PCL-R

A

Hare Psychopathy Checklist

20 items scored on 3-point scale
Totals from 0 to 40

Low scores - reactive murders
High scores - Instrumental murders

74
Q

Lexical Decision Task

A

Examines disconnect between emotional and neutral words

Non-Psychopaths quicker in reaction time to emotional content
Psychopaths no difference in reaction time (brain scans imply they perform task in a superficial manner)

75
Q

Startle Blink

A

Examines reflexes when something unexpected occurs (neutral, pleasant, unpleasant)

Non-Psychopaths - increased blinks to unpleasant
Psychopaths - Decreased blinks to unpleasant