EXAM Flashcards
Dahmer
Tried in 1992
Killed 17 men
Cannibalism
Defense tried to claim insanity - used ALI, found to be responsible
Archival Research to Study Jury Decision Making
Includes records of trials, transcripts, police interviews
High external validity
Weakness: inability to establish cause and effect, restricted data, unaware of reliability of data
Simulation Techniques to Study Jury Decision Making
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
Field Study to Study Jury Decision Making
Use of actual jurors participating in jury duty
High external validity
Low internal validity (cause and effect, comparison group)
Representative Jury
A jury which represents the community
Random selection
All members have chance to participate
Reflect ideas and beliefs about community
Right to a Jury
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)
Interviews with Jury to study Jury Decision Making
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
Jury Comprehension Aids
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
Summary Offenses
Tried by Judge Alone (No right to a jury)
Involve sentence fewer than 6 months and fine less than $2000
Factors which influence Jury Decision Making
Trial Evidence Comprehension Beliefs Jury Size Attitudes Decision Rule Presence of Expert Witnesses
Hybrid Offenses
Cross between summary and indictable
Indictable (Judge and Jury) - max. 5 years in jail
Summary (Judge Alone) - max. 6 or 18 months in jail
Indictable Offenses
Less Serious (Judge Alone) - Theft, breaching probation, deceit
Highly Serious (Judge and Jury) - Murder, treason, piracy
Unlisted (Choice) - Robbery, sexual assault with a weapon
Explanation Model of Jury Decision Making
Suggests that evidence is organized into a coherent whole
Realistic and intuitively appealing
Not precise or testable
Story Model of Jury Decision Making
Jurors organize information into a story
Judge provides relevant law and verdict options
Jurors find best fit between story and verdict
Mathematical Model of Jury Decision Making
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
Challenge for Cause
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
Change of Venue
Moving trial to another community away from crime
Must demonstrate reasonable likelihood that community is biased or prejudice (Pretrial publicity, heinous crime, small community)
Adjournment
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
Sources of Juror Bias - Interest Prejudice
Direct interest or involvement in case (ex. related to victim)
Sources of Juror Bias - Specific Prejudicial
Specific attitude about case in questions (ex. prejudice against defendant)
Sources of Juror Bias - Generic Prejudice
Specific beliefs about people/crime related to case (ex. racist in case with black defendant)
Sources of Juror Bias - Normative Prejudice
Community sentiment affects opinion of case (ex. fans of sports athlete)
Impartial Jury
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
Functions of a Jury
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
Presumptions of Impartiality in Canada
Limits on pretrial publicity
Limits on discussion by jurors
12 person jury (cancel out biases)
Reminders about sworn oaths
Fitness to Stand Trial
Current Mental State:
Understand nature of or object to proceedings
Understand possible consequences
Communicate with counsel
Assessed by psychiatrist - FIT-R or MacCAT
Defining Fitness
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?
FIT-R
Identify Mental Disorder (Fitness)
Semi-Structured interview
Covers main fitness standards: Understanding of proceedings, communicative with counsel, understanding of consequences
Defining Responsibility
M’Naghten Standard - Cognitive
Irresistible Impulse Test - Volitional
ALI Standard - Cognitive/Volitional (Dahmer)
Guilty But Mentally Ill
NCRMD - Canada
MacCAT-CA
Fitness to go to trial and plead guilty
Structured interview
Understanding of legal system, situation and circumstances, reasoning ability