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
