Final Flashcards
False confessions
What are the three types of false confessions? Voluntary false confessions are offered willingly, without elicitation. They may be instigated by a desire for publicity or by generalized guilt, or they may reflect some form of psychotic behavior
Coerced-compliant confessions are those in which the suspect confesses, even while knowing that he or she is innocent: coerced compliant confessions may be given to escape further interrogation, to gain a promised benefit, or to avoid a threatened punishment. The person does not privately believe that he or she committed the criminal act. In general, compliance refers to an inconsistency between one’s public behavior and one’s private opinion.
Coerced-internalized confessions are those in which the innocent suspect confesses and comes to believe that he or she is guilty. Interrogation by the police is a highly stressful experience that can create a number of reactions, including a state of heightened suggestibility in which “truth and falsehood become hopelessly confused in the suspect’s mind.”
Interrogation techniques: legal and illegal
illegal Physical force, abuse, or torture Threats of harm or punishment Prolonged isolation Deprivation of food or sleep Promises of leniency Failure to notify subject of Miranda rights legal- Rapport-building Personal rapport, “good-cop/bad-cop”
Change of venue
pretrial publicity, A change of venue is a legal term that means that a case before a court will be heard in another jurisdiction versus the one where the said crime took place. This is done when there is a reason to think that a defendant will not receive a fair trial, for whatever the reason.
Work product
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Sponsorship theory
Assumes that jurors’ evaluations of evidence are strongly influenced by which side brings it up.
if damaging evidence against the defense is brought up by the prosecution, this theory says that the jury may question its validity because the prosecution is attempting to persuade the jury to return a guilty verdict. if the defense, the jury will accept its credibility without questioning it.
Basically if having damaging evidence should you say it first? Sponser= source
Inoculation theory
Argues that when a person has an attitude that is not firm and strong, then it can be easily attacked. AKA know your shit
Presenting a small dose of a competing argument is an effective way to increase a person’s resistance to the argument.
Serial Position Effect
Says that people learn and remember the first and last items more than the middle.
Primacy effect
Other things being equal, information presented first usually has the most influence
Recency effect
A theory that the most recent information presented in the message will be the most likely to be remembered
Peremptory challenge
Potential jurors challenged without cause
Supplemental Juror
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Voir Dire
the judge will question each prospective juror individually about his or her biases, in the judge’s chambers rather than in open court., During ‘Voir Dire’, potential jurors in capital murder cases are asked about their willingness to vote for the death penalty if the defendant is found guilty
Capital case
Under federal law capital crimes include treason, espionage, murdering a government official, using a weapon of mass destruction, and sending bombs or other lethal weapons through the US mail
Bifurcated trial
A trial with two phases. Phase one is the guilt determination phase and phase two is the sentencing phase.
Aggravating & mitigating factors
a- Those characteristics of the murder and the murderer that support a death sentence that the jurors are typically instructed to weigh, They increase the wrongfulness of the defendants actions or the harmful impact of the crime
m-Those characteristics that support a sentence of life imprisonment, They reduce the defendant’s blameworthiness and make execution less appropriate as a punishment even though such factors do not justify or excuse the crime
Death-qualification procedure
lockhart
Brutalization effect
Executions may weaken inhibitions against violent behavior, desensitize people to killing, and communicate the message that killing is a justifiable response to provocation
Habeas corpus
basically brining the person to court “to have the body”
Certiorari
when court agrees to hear case
Guild issue
Professional issues where an organization has to protect its integrity.
Amicus curiae brief
Latin for “friend of the court.” Frequently, a person or group who is not a party to a lawsuit, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court’s decision.
Types of amicus curiae briefs
science translation- translates research
advocacy- in favor of ones party
Pretrial Publicity
the rules concerning pretrial publicity prohibit a lawyer from making certain statements when he should reasonably expect those statements would be disseminated and create a substantial likelihood of prejudicing a criminal or civil jury trial, research suggests that pretrial publicity helps the prosecution and not the defense
McCleskey v. Kemp
Racial!!!! discrimination must be shown in individual cases, not by statisical patterns. Vote 5-4.
mc serves individual needs
Employment Discrimination Case. Statistical Analysis is extremely important for cases. Overturned because of racial discrimination.
Lockhart v. McCree
Jurors may not be removed for cause because they are generally opposed to the death penalty
jurors are locked into place
Death Qualified juries aren’t always the way to go. More prone to choosing death penalty. McCree appealed to federal courts and overturned the decision.
Barefoot v. Estelle
Psychiatric evidence predicting future dangerousness is acceptable
bare evidence not gut
Judge put his trust in the jury, rather than relying on psychological evidence. Trust the facts and don’t rely on your gut.
Atkins v. Virginia
It is cruel and unusual to execute a person with mental retardation!!!!!
meet virginia the retard
Execution of a retard. Dude had an IQ of 59, and never lived on his own. Death Sentence was reversed twice.
Death Penalty for Mentally Retarded criminals (US)
Atkins, violation of 8th amendment mentally ill yes if competent
Death Penalty for Juveniles (US)
nope abolished 2005 violated 8th
APAs resolution on the Death Penalty
Calls upon each jurisdiction in the United States that imposes capital punishment not to carry out the death penalty until the jurisdiction implements policies and procedures that can be shown through psychological and other social science research to ameliorate the deficiencies identified above.
Because of things like race, death qualified jurors, and incomplete DNA evidence. Many death penalty victims were indeed innocent. APA said don’t carry out death penalty until procedures of psychological detail can be carried out.
countries with highest execution rates
China Iran Iraq Saudi Arabia United States ciiusa Followed by: Somalia, Sudan, Yemen, Japan and Vietnam
states with highest
Texas Ohio Virginia Oklahoma tovo
Anti-Terrorism and Effective Death Penalty Act of 1996
This reduced the number of appeals to federal courts by death row inmates and made it impossible for convicts to file more than one habeas petition unless they provided clear cut proof of innocence.
Innocence Project
a non-profit legal organization that is committed to exonerating wrongly convicted people through the use of DNA testing, and to reforming the criminal justice system to prevent future injustice.
