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PSYC1001 > Forensics > Flashcards

Forensics Flashcards

1
Q

What is forensic psychology?

A

It is the application of psychological knowledge and theories to all aspects of the criminal and civil justice systems, including the processes and the people

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2
Q

What kind of topics are studied as part of the ‘process’

A

Criminal Investigation
Pre trial
Trial
Post trial

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3
Q

What kind of topics are studied as part of the ‘people’

A

Victims of crime
Jurors
Offenders of crime
Judges
Police
Witnesses

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4
Q

What kind of sub topics are in the study of the process of criminal investigation

A

Profiling
Lie detection
Identification parade
Eyewitness testimony
Repressed / recovered memories
Interrogations and confession evidence

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5
Q

What kind of sub topics are in the study of the process of Pre trial

A

Competency to stand trrial
Pre trial publicity
Jury selection

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6
Q

What kind of sub topics are in the study of the process of Trial

A

Insanity plea / defence of mental illness
Expert evidence / judge warnings
Jury deliberation
Sentencing

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7
Q

What kind of sub topics are in the study of the process of Post trial

A

The prison experience
Treatment of offenders and risk assessment

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8
Q

Who were important people who allowed the development of forensic psyhcology in history

A

James Cattell (1895)
Alfred Binet (1900)
Von Liszt (1902); Stern (1910)
Julian Varendonck
Hugo Von Munsterberg

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9
Q

How did James Cattell contribute to the history of forensic psychology

A

He asked people to recall things that they witnessed in their everyday life, and found that answers were often inaccurate –> related to forensic psychology and the credibility of witnesses

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10
Q

How did Alfred Binet contribute to the history of forensic psychology

A

Showed children objects and then asked them questions about the object. He found that accuracy varied depending on type of question

He found that highly misleading questions resulted in children being misled and thus having poor accuracy

Binet made a study that proved that witnesses have a poor memory in regards to the events they witnessed, and thus their reliability may be questioned

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11
Q

How did Von Liszt and Stern contribute to the history of forensic psychology

A

Conducted “reality experiments” with staged events/crimes –> and then tested accuracy of what observers saw .

Showed that even the best forms of recollection still made a high degree of errors –> can eyewitness testimony still be trusted?

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12
Q

How did Varendonck contribute to the history of forensic psychology

A

He decided to test children’s memory for false events, and from this he was able to conclude that children’s memories were inaccurate and suggestive. This means increased susceptibility to suggestive questions –> unreliability of children’s testimony as well as being wary of leading questions in the court towards children

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13
Q

How did Hugo Von Munsterberg contribute to the history of forensic psychology

A

He is described as the father of forensic psychology. He called into question legal assertions that eyewitness memory is necessarily accurate. He wrote the book ‘ On the witness stand’ (1908)

However, he was very arrogant and critical of lawyers for their failure to recognise the value of psychology –> overstated his case. As a result, this prevented the development of the discipline for a few decades

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14
Q

What happened after Munsterberg published his book

A

Wigmore (law professor) criticised Munsterberg’s book –> major factor impact Munsterberg’s credibility in forensics,

WW1 prevented further research in Germany

Rise of behaviourism –> focus on theory not applied psychology

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15
Q

When did eyewitness research re-emerge again?

A

In the 1960s and 70s.

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16
Q

Who were the two key characters driving eyewitness research in the 60s and 70s

A

Robert Buckhout (wanted practical change and change in the legal system)

Elizabeth Loftus (focussed on theoretical perspective, and more on the malleability of memory)

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17
Q

What work do forensic psychologists do?

A

Work in policy units

Work in government research units

Work as academic researchers

Work in prisons designing and administering treatment programs

Help the police with investigations / advise on procedures/ employment matters

Evaluate mental health related claims for damages

Provide expert advice in court

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18
Q

What do psychological experts do?

A

Functions of an expert witness

Challenges of providing expert testimony

Admissibility criteria

Examples of expert evidence

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19
Q

What are the two functions of an expert witness?

A

Aid in understanding a particular issue relevant to a case, which the expert witness specialises in

Provide an opinion (can speculate) - which is unique

Note either side can ask for an expert witness. They can be clinical or academic psychologists

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20
Q

What are the legal system’s criticisms of psychology?

A

Lack of ecological validity (a measure of how test performance predicts behaviors in real-world settings) of psychological research

Psychologists become advocates and lose their objectivity (you can get hired by a defender or prosecutor, and its hard to be objective if they are the ones paying you)

‘It’s all common sense’

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21
Q

What is admissibility criteria?

A

Experts must satisfy judge that they have special knowledge above and beyond the jurors and that this experience will assist jurors –> often look to precedent

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22
Q

What is the admissibility criteria like in England & Wales?

A

Experts not commonly used because of the R v Turner (1975 case):

It suggests that just because experts are well qualified, doesnt mean they will be helpful to the jury, but thre is danger that the jury will think so and pay too much attention. Thus, ruled against accepting psychologists and psychiatrists as expert witnesses except when mental illness is an issue

Concluded that all other psychological knowledge is seen as common knowledge

However, recent relaxing of Turner ruling has allowed psychological experts to give evidence on issues other than mental illness

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23
Q

What is the admissibility criteria in Australia

A

Aus and aNZ are also constrained by the Turner ruling - especially the “common knowledge” ruling

Expert evidence relating to eyewitness testimony regularly disallowed.

However, the Evidence Act NSW (1995) abolishes the common knowledge rule

R v skaf (2006)

Psychologists allowed to give expert evidence regarding reliability of certain aspects of the eyewitness testimony - first time in NSW

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24
Q

Evaluate the use of fingerprint identification as a forensic technique

A

Fingerprint ID evidence has been analysed and used in court for 100+ years

First study to objectively investigate fingerprint id accuracy was published in 2011:

Overall fingerprint experts were very accurate but not perfect –> chance for mistaken sentencing

Experts tend to err on the side of caution by making judgements that would free the guilty

Occasionally make the error that leads to false convictions

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25
Q

Evaluate the use of facial mapping as a forensic technique

A

Techniques used aren’t standardised and not consistently applied by all practitioners

Process involves taking measurements, noting characteristics or other techniques which are mainly subjective

Mainly unknown validity and reliability

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26
Q

Evaluate the use of hair analysis as a forensic technique

A

Hair analysis is done by evaluating hair structure and DNA from cells attached to the root of the hair. It can be used to find out if a certain person was at a place at a certain time –> could be convicting

However, through this, people have been wrongfully convicted of crimes they didn’t commit. Studies confirm long suspected problems with subjective pattern based forensic techniques such as hair analysis

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27
Q

WHat is the most common and persuasive form of evidence for jurors used in court?

A

eyewitness testimony

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28
Q

Do psychologists argue that eyewitness memory is as reliable as the lay person believes?

A

No psychologists argue the opposite –> eyewitness memory is not as reliable as most people believe

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29
Q

What are the two different ways to assess eyewitness memory

A

Recall memory
Recognition memory

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30
Q

What is recall memory

A

Reporting details of previously witnessed event / person (i.e. Short answer questions in a test)

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31
Q

What is recognition memory

A

Reporting whether what is currently being viewed / heard is the same as the previous witnessed person / event of interest (i.e. identification evidence) (or even mcqs in a test)

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32
Q

What are the two factors affecting eyewitness testimony?

A

Estimator variables

System Variables

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33
Q

What are estimator variables?

A

These are variables affecting eyewitness evidence, and aren’t under control of the criminal justice system.

These are variables present at the time of the crime which can’t be changed (such as distance from eyewitness and perpetrator)

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34
Q

What are some flaws in eyewitness testimony?

(These are all actually parts of estimator variables)

A

Witnesses can view same thing and perceive it differently (‘easy to miss things you aren’t looking for’)

Our expectations affect our perception –> construct memories based on our preconceived beliefs and expectations. (i.e. easy to miss out for typos because we don’t expect them)

Context affects our perception of events

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35
Q

What is own race bias?

A

Tendency for people to have difficulty identifying people of another race

Can identify our race better than other races - likely due to lack of interracial contact

However, it has been shown that being part of a multicultural society has reduced own race bias

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36
Q

What are the many estimator variables which influence a person’s perspective

A

Exposure time (how long they were shown the crime)

Lighting

Distance (from crime)

Physical disguise

Distraction

Stress (more stressed you are –> worsens memory -> ‘flashbulb memory’)

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37
Q

What does the Yerkes - Podson Law suggest?

A

That memory is best at an optimum level of arousal (inverted U hypothesis)

Memory is best at a balance

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38
Q

What is the Easterbrook hypothesis

A

Highly aroused witnesses have better memory for central details than peripheral details

What we remember depends on how stressed we are

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39
Q

What is the Weapons focus effect?

A

Shows that the presence of a weapon draws attention and impairs a witness’ ability to identify a culprit

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40
Q

What are system variables? Give examples

A

These are variables that can be manipulated after the fact / occurence of crime, and impair accuracy of the witness. This is under the control of the justice system.

I.e. the method of questioning by police

Mainly concerns the questioning techniques used by police which can affect eyewitness accuracy (I.e. misleading questions)

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41
Q

What is the misinformation effect? How does it link to system variables

A

When people are exposed to wrong info about an event after it occurred, it often causes people to incorporate the misinformation into their own memories

Links into system variables because different variables under the control of justice question such as misleading questioning can result in the misinformation effect

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42
Q

Explain the research into the misinformation effect

A

Participants (Ps) saw pictures of an accident showing a stop sign at an intersection

Some Ps were given leading questions suggesting that it was a ‘give way’ sign at the intersection instead

Participants were later shown 2 pictures - one with the car next to the stop sign and another to a give way sign, and Ps had to pick which one was the right photo

The results showed that these misleading questions which implied misinformation misled the main group

Ps were shown a film of a traffic accident.

Ps were asked “How fast were the cars going when they ‘SMASHED’ into each other’ gave higher speed estimates than those asked “how fast were the cars when they ‘HIT’ each other’ –> shows how small words matter when it comes to misinformation

A week later, Ps in the ‘smashed’ condition were more than twice as likely to recall broken glass when in fact there was none

MacMartin preschool effect –> children are highly susceptible to suggestion

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43
Q

What are the implications of misinformation effect?

A

Police/legal officials shouldn’t ask misleading questions to prevent misinformation effect –> ask open non leading questions

Needs to be unbiased questions when police officers or lawyers ask / cross examine a witness

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44
Q

What factors influence susceptibility to the misinformation effect?

A

Age (young and old)
Hypnosis
Suggestibility
Credible source of misinformation
Repetition of misinformation
Misinformation is peripheral (not a central aspect of the event)

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45
Q

What are the limitations of research into the misinformation effect?

A

Methodological issues
- type of questioning
- ecological validity: applicability of laboratory stimulations to real life solutions

Ethical issues:
- Implanting traumatic false memories

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46
Q

What are false memories?

A

A false memory is a fabricated or distorted recollection of an event. Such memories may be entirely false and imaginary.

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47
Q

Who was the main researcher into false memories?

A

Elizabeth Loftus (and a bit of Pickrell).

They wanted to ask whether people would accept suggestions from “rich false memories” (entirely false)

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48
Q

What did the false memory research/experiments include?

A

Gave students 4 short narrations of childhood stories / experiences, where 3 were provided by families, and 1 was completely false.

Gave false memories such as:

Getting lost in a shopping mall
Being hospitalised overnight
Have an accident at a family wedding
Nearly drowning but being rescued by a lifeguard
Victim of a vicious animal attack

Result is that the fake memories were successfully implanted, with some people confirming the false memories

They also found they could include falsified photographs to confirm false memories

Just to confirm that none of the above have happened (and that they just forgot as well as their parents), the researchers organised something they knew can’t happen (Bugs Bunny at Disneyworld)

Ps were told how they met and shook hands with Bugs Bunny at Disneyland –> 16% reported shaking hands with Bugs Bunny

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49
Q

What are repressed memories?

A

It is where sometimes memory is repressed deep in the unconscious because something trraumatic had happened, and is later recovered by a similar event happening

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50
Q

What are some examples of research into repressed memories?

A

Williams (1994) interviewed 129 women who had experienced well documented cases of childhood sexual abuse around 17 years earlier.

Results showed that 38% of women didn’t report abuse in the interviews

Goodman et al (2003) also had a similar study and showed similar responses

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51
Q

What does Mcnally and Geraerts (2009) suggest as an alternative to the two main perspectives (repression vs false memories)

A

They argue that some people don’t think of abuse as traumatic at the time, and fail to think about abuse for years or forget their previous recollections until they spontaneously recall after encountering memories which are similar, and when they are older and more mature and understanding of what they had been through

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52
Q

What are the two types of lineups?

A

Target present lineups

Target absent lineups

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53
Q

What are target present lineups?

A

lineups containing the guilty culprit

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54
Q

What are target absent lineups?

A

lineups contains innocent suspects only

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55
Q

Why could identification evidence be dangerous?

A

It is very convincing

Identification evidence is often inaccurate

False IDs have negative consequences –> guilty person goes free and innocent person in jail

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56
Q

What is the evidence that inaccurate IDs have happened before?

A

Surveyed justice officials
DNA exoneration cases
Empirical studies of ID performance

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57
Q

What were the results/evidence of surveying justice officials?

A

Reported that over 70% thought that erroneous convictions occurred in less than 1% of the cases.

Even though this sounds little, it is quite a lot, esppecially if we consider around 1.5 million convictions a year in the US

Shows how IDs can be sketchy

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58
Q

What were the results/evidence of DNA exoneration cases?

A

DNA analysis used to prove innocence of those convicted. 72% of DNA exoneration due to mistaken ID in 2015

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59
Q

What are the two types of empirical studies

A

Field studies
Laboratory studies

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60
Q

What are the features of field studies?

A

Have high ecological validity, but lack of experimental control

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61
Q

What are the features of lab studies

A

Allows for more control, but typically lacks ecological validity

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62
Q

What is ecological validity?

A

a measure of how test performance predicts behaviours in real-world settings

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63
Q

What were the results/evidence from field studies?

A

Studies had confederates go into convenience stores / banks to perform unusual transactions

Overall, 41.8% of the IDs were correct, and 35.8% were false

Results were no different to blank clerks who claimed they had been trained in IDing

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64
Q

What were the results/evidence from lab studies?

A

Participants watch a staged crime. They were then required to identify perpetrator from either photos or a live lineup

Showed rate of false ID varied from 0% to almost 100%. False IDs associated with high witness confidence

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65
Q

What are the problems with lab studies?

A

Aren’t designed to estimate overall level of accuracy, rather they are designed to investigate the effect of a particular variable (i.e. how does duration of time of seeing perpetrator affect accuracy)

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66
Q

What estimator variables affect accuracy of eyewitness ID?

A

Viewing conditions

fatigue, alcohol etc

attention

own race bias

weapon focus

arousal

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67
Q

What system variables affect accuracy of eyewitness ID?

A

ID procedures

Instructions given to witnesses

Composition of lineup

Format of ID procedure

Lineup presentation

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68
Q

What are the two types of ID procedures?

A

Showups
Lineups

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69
Q

What are showups?

A

1 person lineup containing only the suspect, which can be performed in street or at police station

Acceptable if there isn’t enough evidence to arrest and conduct lineup

Has been criticised as biased because witnesses know the person the police suspect –> high rate of false IDs as a result

The whole purpose is that it allows for the arrest of a person for further questioning

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70
Q

What are lineups?

A

Tests ability of witness to identify the suspect when seen with several foils

Procedures vary greatly between jurisdictions

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71
Q

What are the different lineup procedures in different jurisdictions (UK, NSW)

A

UK, suspect be part of a lineup of 7+ innocent foils of similar appearance, and they can choose their position in the line

In NSW, they are often 20 people in a lineup

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72
Q

What should the composition of lineups be to ensure fairness?

A

Characteristics of the suspect shouldn’t stand out from those of foils (i.e. gender)

Lineups should contain foils who look like the eyewitness description unless doing so would cause the suspect to stand out

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73
Q

What makes a good ‘foil’

A

Matches the verbal description of the eyewitness, but differs from suspect in ways not mentioned in the description. (if everyone looks identical, it would be hard to ID someone)

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74
Q

What are the different formats of ID procedures?

A

live, video, photos

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75
Q

What are the criticisms of live lineups?

A

Expensive and difficult to arrange

research shows that lineups might not even be worth it –> doesn’t even allow for the person to be identified

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76
Q

What are the types of photograph IDs that could occur

A

Photo lineups (or photospread)

mugshot search

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77
Q

What are photo lineups?

A

They test witness ability to recognise a suspect. Involves a series of photographs which may or may not include the suspect

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78
Q

What are mugshot searches?

A

Should only be used to help identify suspect in the early stages of an investigation.

Involves witnesses being exposed to a whole lot of mugshots and required to identify the person who committed the crime. However there are flaws to this

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79
Q

What is the flaw to mugshot searches

A

Unocnsious transference: when people remember a face, but mistake the circumstances in which they saw the face –> picks that person in the mugshot search –> false ID

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80
Q

What should the instructions given to witnesses be to ensure no false ID?

A

Witnesses should be told that perpetrator may or may not be in the lineup

Witnesses more likely to ID someone if they’re told suspect is in the lineup

Thus, have to maintain unbiased instructions

Also, there should be a double blind where the police officer doesn’t know the suspect either, because if they do, they are likely to give verbal and non verbal cues to witness which might lead them to make biased decisions

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81
Q

What are the two methods of lineup presentations?

A

Simultaneous lineups

Sequential lineups

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82
Q

What are simultaneous lineups?

A

Present all lineup members at the same time to the witness

83
Q

What are sequential lineups?

A

Suspects are presented one at a time, and the person must decide if it is or not the criminal before seeing another photo or person

84
Q

Which form of lineup is thought to be better?

A

Sequential lineup, because witnesses use absolute judgement instead of relative judgement

However, sequential lineups less likely to identify any suspect than simultaneous, but when there was identification, they were more likely to be guilty

85
Q

WHat is relative judgement

A

Involves comparing lineup members to one another and only choosing who looks the most like the culprit –> who looks more relatively suspicious kind of

86
Q

What is absolute judgement

A

Each member of lineup could be equally suspicious. I have to make a decision as to who is the most like the suspect

Each member of lineup is there to test the witness memory

87
Q

What are the problems of juries with ID/eyewitness testimony?

A

Jurors more likely to believe confident witnesses but confidence isn’t always related to accuracy

Juries are more likely to convict if there is a witness, even if the witness testimony is discredited

88
Q

What can be done to address the problems associated with the juries’ assumption of the confidence of witnesses?

A

9 recommendations:

conduct thorough pre lineup interview of eyewitness to see if they can remember / recognise the suspect or not

decide when or even whether to conduct a lineup

use a neutral administrator to conduct a lineup

setup lineup fillers so suspect doesn’t stand out

Give non suggestive pre lineup instructions to eyewitnesses

Take confidence statements from eyewitness immediately after an identification

VIdeo record the entire procedure

Avoid repeated ID procedures with the same witness and suspect

Avoid “showups” in favour of lineups

Educate jurors about:

biased lineups

lineup instructions given

How confidence isn’t always a good indicator of accuracy

The way in (mis) leading questions can influence memory

89
Q

What is criminal profiling?

A

A technique for identifying the major personality and behavioural characteristics of an individual based upon analysis of crimes he/she has committed

Often includes info about demographics, personality and behavioural characteristics

Normally used in serial homicides or rapes

90
Q

What were the origins of criminal profiling / history of profiling?

A

Late 1400s: Text written by contractors to catholic church for purpose of accurately idnetifying and eradicating witches

1888:A police surgeon attempted to profile Jack the Ripper

1956: Most famous early case was Dr James Brussel who profiled the “mad bomber”

1970s: Development of criminal profiling program at the FBI

Today: similar programs developed internationally

91
Q

What are the 5 types of criminal profiling?

A

Deductive criminal profiling

Inductive criminal profiling

FBI approach

Statistical approach

Geographical profiling

92
Q

What is the deductive criminal profiling method?

A

Profiling the background characteristics of an unknown offender based on evidence left at the crime scene(s) by that particular offedner

relies on logical reasoning

93
Q

WHat is inductive criminal profiling

A

Has 3 types:

FBI approach
Statistical profiling
Geographical profiling

Here, it involves profiling background characteristics of an unknown offender based on what we know about other solved cases

Relies on determining how likely an offender has certain characteristics given the prevalence of such characteristics among known offenders who committed similar offences

94
Q

What is the FBI approach?

A

Involves the organised vs disorganised crime scene approach

The FBI method of profiling is a system created by the Federal Bureau of Investigation (FBI) used to detect and classify the major personality and behavioral characteristics of an individual

95
Q

What is the organised vs disorganised crime scene approach

A

Proposes that crime scenes can be either organised or disorganised, and whichever one it is, it will reveal the behaviours/characteristics of the offender

96
Q

What are the features of an organised crime scene

A

Planned in advanced

Specific victim targeted - is “personalised”

Controlled conversation

Crime scene shows signs of control

Restraint used

Body moved and hidden

Evidence and weapon removed

97
Q

What are the features of a disorganised crime scene

A

Spontaneous offence

Depersonalises victim

Minimal convesation

Chaotic scene

Sudden violence

Body left in view

Evidence and weapon in view

98
Q

What can we deduce about the perpetrator from an organised crime scene

A

Intelligent
Socially competent
Skilled job
Sexually competent
Lives with partner
Follows details of crime in news
May move following crimes etc.

99
Q

What can we deduce about the perpetrator from an disorganised crime scene

A

Average IQ
Immature
Poor work history
Sexually incompetent
Lives alone
Lives near crime scene
Little interest in media
Little change in lifestyle after crime etc.

100
Q

What are the issues with the FBI approach?

A

Little research examined in the model, and the ones that did showed serious doubts with the model

Can’t account for offences with a mix of organised and disorganised features

Model is too simplistic

101
Q

What is the statistical approach to criminal profiling

A

Involves use of data collected from solved similar crimes, and this is analysed using stats

However, this type of analysis can be statistically unstablle, especially if there is no large sample size for data collection

102
Q

WHat is geographical profiling

A

Involves analysis of crime scene locations in order to determine the most probable area of offender residence

Assumes that offenders don’t travel long distances from home to commit their crimes

103
Q

What are examples of experimentla evaluations of how accurate criminal profilers are?

A

Pinzzotto et al (1990): gave solved cases (sex offence and murder) to profilers detectives, psychologists and students

Profilers did much better with sex offence but not murder

Koscis et al (2000): Gave solved murder cases to profilers, police, psychologists, students and psychis

Psychologists are only slightly better than police and psychics

104
Q

What is deception?

A

It is the successful or unsuccessful DELIBERATE attempt without forewarning to create in another a belief which the communicator knows to be false

105
Q

Describe the history of polygraphs:

A

1917: William Marston claimed to detect lying by measuring systolic blood pressure

1932: A Lorsou built forerunner to modern polygraph which measured pulse rate blood presure etc.

106
Q

What are polygraphs? What do they measure?

A

They measure physiological changes. This thus assumes that telling is a lie is more stressful than telling the truth

They measure examples such as:

Blood pressure
Respiration
Heart rate
Sweating

107
Q

Briefly describe the uses of polygraphs

A

Helps in criminal investigations

Verifying a crime occurred

Pre employment screening (especially for security)

108
Q

What are the legal bindings around the use of polygraphs

A

Could be used in some conexts in Aus, UK and most of Europe, however it is not part of legal process.

Prohibited from use in criminal investigations Act

109
Q

What are the 3 types of polygraph tests?

A

Relevant / Irrelevant test

Control Question Test

Guilty Knowledge Test

110
Q

What does relevant / irrelevant test mean/ measure?

A

Invovles asking questions related to crime and irrelevant to it. Idea is that guilty people react more strongly when lying about relevant questions

Issue is that innocents will know which are relative questions of worry –> worrying –> false positive

111
Q

What does Control Questions Test (CQT) measure?

A

a technique used in polygraph testing, typically for criminal investigations. In addition to questions relevant to the crime and general questions to get a baseline pattern of physiological responses (i.e., irrelevant questions), the CQT also includes questions about past behavior (e.g., “Have you ever cheated on your taxes?”) with the aim of eliciting strong physiological reactions on the part of examinees.

112
Q

What is phase 1 of the CQT?

A

Pre-test interview

Developes yes/no questions discussed with suspect:

Irrelevant questions = no arousal

Relevant questions = Discussed with suspect and agree that its unambiguous. Stressful for guilty but not for innocent

Control questions: Issues related to crime but not crime itself. These questions should embarass both innocent and guilty. These questions require an honest ‘yes’ response, but subject told they must lie, and the polygraph will detect this ‘baseline’

113
Q

What is phase 2 of CQT?

A

Important as polygraphs only work if suspects believes they work

This phase involves manipulation.

We need a stimulation test to convince suspect that the polygraph can detect lies.

Often involves a rigged card trick –> pretend polygraph can see if a lie is happening

114
Q

What is phase 3 of CQT?

A

Control, relevant and irrelevant questions asked several times

115
Q

What is phase 4 of CQT?

A

Score the responses using either:

Subjective impressionism (GLobal approach)

Numerical scoring approach:
relevant > control = -ve score
control . relevant = +ve score
All comparisons added to take a total score

116
Q

What are the criticisms of CQT?

A

Difficult to create control Q

Scoring isn’t quantifiable enough

Ethically worse

How do we know if suspect is ‘taken in’ by stim test

Why should innocents have stronger response to control than relevant Qs?

117
Q

What is the Guilty Knowledge test (GKT) What are the features involved?

A

Assesses if suspect has info only the criminal would know

Asks suspects MCQ, one option is correct.

Assumes if suspect is guilty, they will react strongly to correct info

Innocents won’t recognise crime relevant details –> no response

Check all alternatives are equally arousing for innocent people

Examiner can’t be aware of correct answer

118
Q

What are the issues with GKT?

A

Applicability: issue arises when info is released to media –> everyone already has access to the info –> can’t be used unless lots of details which are only known to perpetrator

Knowledge of perpetrator: Assumes perpetrator knows or remembers details which might not be true

119
Q

Describe the accuracy of CQT

A

Majority of guilty are identified accurately

84% to 92% guilty identified

Relatively large number of innocent suspects falsely identified as guilty through this method (9% to 24% ) –> false positives

120
Q

Describe the accuracy of GKT

A

Very accurate at identifying innocents (95% correct ID). Less accurate at identifying guilty participants (85%)

121
Q

What are the current directions for research into polygraphs

A

People say lying is considered more stressful –> voice changes –> voice stress analysis (VSA), however this has been shown to be unlikely to tell the truth or lie

Recebt research into EEG and brain scanning by fMRI, however results of studies havent shown enoug consistency to be admissible in court

122
Q

What are the two goals of police interrogation

A

Gain info which furthers the investigation

Obtain confession

123
Q

What is the history of coercive measures used in police interrogations?

A

Mid 1900s: whipping suspects for confession

1980s: stun guns for confessions

More recently: Psychological methods such as deceit

124
Q

What is the nine step approach to interrogation?

A

It involves techniques from Inbau, Reid and Buckleys (1986) ‘Criminal Interrogations and confessions’ book

Techniques are unlawful in many western European countries and Australia

125
Q

What are the 3 general stages to the nine step approach to interrogations

A

Gather evidence

Conduct a non-accusatorial interview to assess deception

Conduct accusatorial interrogation to obtain a confession

126
Q

What are the 9 steps in breaking down the suspec’s resistance ?

A

Positive confrontation
Theme development
Handling denials
Overcoming objections
Retaining suspect’s attention
Handling suspect’s mood
Create opportunity to confess
Oral confession
Converting an oral confession to a written one

127
Q

What settings of the interrogation is optimal?

A

Small, bare room

Control of aspects such as lighting should be inaccessible to suspect

Invasion of suspect’s physical space

One way mirror

128
Q

What does positive confrontation entail in the 9 step approach?

A

Involves the:

Direct presentation of real or fictional(can be made up) evidence and suspects involvement in crime

Behavioural cues of suspect observed

Repetition of accusation

129
Q

What does theme development entail in the 9 step approach?

A

Theme development depends on emotional state of suspect:

If emotional –> minimisation

Non Emotional –> maximisation

However, we could flip from minimisation to maximisation or the reverse as well throughout the interview

130
Q

What does minimisation mean

A

Involves acting as a good cop, build rapport and help minimise the perceived seriousness of the crime, minimise blame on victim

131
Q

What does maximisation mean

A

Involves acting as a bad cop. Intimidate suspects to confess

132
Q

What does handling denials entail in the 9 step approach?

A

Involves stopping suspect’s repetition / elaboration of denials

This is because the more a suspect does this, the harder it is to be persuaded to tell the truth

Innocents wont allow their denials to be cut off, but guilty suspects will

133
Q

What does overcoming objections entail in the 9 step approach?

A

Shows understanding when faced with objections, and can return to conversation theme

134
Q

What does retaining suspect’s attention entail in the 9 step approach?

A

Achieved by moving close to the suspect, leaning in towards them and maintaing eye contact

135
Q

What does handling suspect’s mood entail in the 9 step approach?

A

Interrogation focuses on the suspects mind on potential reasons for committing crime

Interrogator exhibits signs of sympathy, urges subject to tell truth and create remorseful mood

136
Q

What does creating opportunities to confess entail in the 9 step approach?

A

Suspects given opportunity to explain or give excuse for crime

Two alternate explanations of crime: acceptable and unaccpetable excuses. Here, the alternative is stressed to lead subjects to choose the other positive ‘face-saving’ excuse / acceptable excuse.

However, either choice is an admission of guilt –> bad

137
Q

What does oral confession entail in the 9 step approach?

A

Involves the suspect orally disclosing circumstances, motives and details of crime

Questions should be brief, clear and non emotional

Brief responses involved

138
Q

What does converting oral confession to a written one entail in the 9 step approach?

A

Get suspect to write confession as they could sometimes deny they made an oral confession

139
Q

Psychological reasons why the nine step approach works

A

minimisation emphasises positive aspects of admitting guilt

Maximisation emphasises negative aspects of not making a confession

These techniques create a more positive attitude to confession

140
Q

What are the concerns with the nine step approach system?

A

Officers enter the interrogation with the belief that the suspect is guilty, which can lead to inappropriate biases

Trickery and deceit are unlawful in several countries and unethical

Pressing suspects to confess may result in the opposite effects (the “boomerang effect”) and suspects may retain strong feelings of resentment towards police

Guilty suspect may catch on to bluffing and not believe anything told

Police may think it’s okay to bluff in other circumstances

Vulnerable suspects may get PTSD

Brief responses from suspects might not give the whole, accurate story

Assumes that police officers can accurately detect deception when little evidence supports this assumption and indicators of deception endorsed are not appropriate

Technique may lead to false confessions

141
Q

What are false confessions?

A

Occurs when individuals confess to a crime they didn’t commit or exaggerate involvement in a crime they didn’t commit

142
Q

What is the frequency of false confessions?

A

27% of prisoners gave false confessions

95% of new inmates to Icelandic persons interviewed ove 12 months:

12% claimed to have made a false confession

Greater than 50% said they made false confession to escape interrogation

Less than 50% said they did it to protect others

143
Q

What are the 3 types of false confessions?

A

Voluntary
Coerced-compliant
Coerced-internalisation

144
Q

What is a voluntary false confession? Why does it occur?

A

Occurs without being prompted..

Could be because:

Desire for notoriety
Inability to distinguish fact from fiction
Protect real offender
Subconsious need to be punished

145
Q

What are coerced - compliant false confessions?

A

Here confessions are a response to desire to escape further interrogation or gain a reward or avoid threatened punishment. Here the confessor knows they didn’t commit a crime

146
Q

What are coerced - internalised false confessions

A

Results of highly suggestive interrogations. Confessor comes to believe they actually committed the crime

People with learning disabilities more susceptible to this

147
Q

What are the two psychological concepts important to false confessions?

A

Compliance and suggestibility

148
Q

What does compliance mean?

A

Tendency to go along with authority

149
Q

What does suggestibility mean?

A

Tendency to internalise info communicated through questions

150
Q

What is the admissibility of confessions

A

They must be given voluntary by a person who is competent

Confessions obtained by coercive tactics aren’t admissible in court

151
Q

What are the costs of false confessions?

A

Confessor is arrested

Police get directed down a false trail –> cant catch real offedner

Public loses faith in the capabilities of police because of revelation of false confessions

152
Q

What is the PEACE model?

A

It is important to a form of ‘investigative interviewing’ which aims to reduce the ‘investigation’ aspect.

Includes:
Planning and preparation
Explain and engage
Account
Closure
Evaluation

153
Q

What does the strategic use of evidence (SUE) criticise about the 9 step model?

A

It reveals information too early in the process, which is detrimnetal to innocent suspects and beneficial to those guilty

According to SUE echnique, late disclosure of evidence can assist in distinguishing truth from lie

154
Q

What are the current practices in Aus for interrogations?

A

All interviews with suspects is to be recorded using Electronic Recording Of Interview With Suspects (ERISP).

Videotaping interrogations

155
Q

What are the benefits of videotaping interrogations?

A

Protects police against false allegations of abuse

Protects citizens from police coercion

Allows courts to make informed decisions

156
Q

Why might confession culture continue to live on?

A

Pressure on police to solve crimes quickly

Suspects who confess are more likely to plead guilty

Confession evidence helps prosecution

Detectives who obtain confessions are highly regarded

Police officers often assume suspect is guilty

157
Q

How many suspects confess?

A

Confession rates from 49-61%

Similar confession rates before and after changes in laws regarding manipulative and persuasive tactics, and similar confession rates in the US

The stereotypical beliefs that suspects deny involvement in crimes and prefer to remain silent are untrue

Only a small minority of suspects change their ‘position’ throughout an interview

158
Q

What are the significant predictors of confessions?

A

Strength of evidence (strong evidence –> increased confessions)

Perceived seriousness of crime (decreased seriousness –> increased confession)

The presence of a legal advisor (Decreased confession with legal advisor present)

Criminal history of the suspect (less likely to confess if experienced at crime)

159
Q

Explain lab research on false confessions and the findings

A

Participants accused of committing a “crime”–pressing the “Alt key” when told not to because computer crashes. However, computer set to crash automatically

Manipulated:
Participants vulnerability (typing pace)

Presence of false evidence (false witnesses)

Results show two factors increase risk of false confessions:

Suspect who lacks clear memory of event

Presentation of false eveidence

However, the study was criticised as participants had no -ve consequence for confession. Thus, it was replicated but participants told they lose 80% of reward if confession is signed. Still 82% signed and 42% internalised the confession

160
Q

What are the requirements for jurors in Aus?

A

Jurors must have citizenship

Be at least 18 years of age

No ex prisoners (within 10 years)

senators , judges, medical professionals etc. exempt

161
Q

What is the main function of a jury?

A

Apply the law to the evidence and render a verdict of guilt or innocence.

Uses wisdom of 12, and acts as the community conscience and protects against out of date laws

162
Q

What is jury nullification?

A

Juries ignoring the law and rendering a verdict based on other criteria..

May happen in cases where juries believe the law is unfair

163
Q

What are the desired characteristics of a jury?

A

Impartiality - Lack of bias on the part of the jurors

Representativeness - Representative of community ensured through random selection from community

164
Q

What is impartiality affected by?

A

Pre existing biases, prejudices, attitudes

Negative pretrial publicity

165
Q

What is representativeness affected by?

A

Affected by how the original panel is selected, what % of people turn up, who is disqualified and who can avoid jury duty etc.

166
Q

How is a jury selected?

A

Court uses voter lists, phone directories to find eligible people for juries

People are randomly drawn from list and summoned for duty

Pretrial gathering of potential jurors from which jurors are selected

167
Q

What are the two parts which contribute to how jury is selected in the court?

A

Peremptory challenges

Challenge for cause

168
Q

What are peremptory challenges?

A

Removal of a limited number of prospective jurors without specifying reasons

169
Q

What is a challenge for cause?

A

Both parties have unlimited right to challenge with “cause” i.e. for a stated reason

170
Q

What is jury selection?

A

Process of choosing and shaping jury through use of peremptory challenges and challenges with causes

171
Q

Do demographic variables predict juror verdicts?

A

No they can’t consistently predict it

172
Q

What is the main determinant of juror verdicts

A

Evidence > characteristics of jurors are main determinants of juror verdicts

173
Q

What is scientific jury selection?

A

It draws correlations between demographics and trial-relevant attitudes.

If prospective jurors have an unfavourable profile, they will use a peremptory challenge to exclude them

174
Q

What is the problem with using scientific jury selections?

A

There may be a problem with representativeness of jury of the whole population

175
Q

What is a good thing with scientific jury selections?

A

Allows for picking jurors with more refined version than intuition.

176
Q

What are 4 ways of studying jury behaviours?

A

Post trial interviews
Archival Records
Simulation Techniques
Field Studies

177
Q

Explain post trial interviews and the limitations associated with it

A

Interviews after trials. However, not possible in many countries because jurors cant disclose content of deliberations. However it can be done in the US

Limitations include:
social desirability of responses
Inaccurate recall

178
Q

Explain archival records and the limitations associated with it

A

Uses records of trials (e.g. transcripts, police interviews)

Limitations include:
Inability to establish cause and effect

Limited in what questions can be asked by information available for collection

179
Q

Explain simulation techniques and the limitations associated with it

A

Mock jurors presented with simulated trial and asked to have a verdict or judgement. Independent variables can be manipulated.

Limitations include:

Can’t be generalised to real life (especially due to no real consequence)

180
Q

Explain field studies and the limitations associated with it

A

Research conducted within real trial, and enables researchers to observe processes using ‘shadow juries’. This has high ecological validity

Limitations include:

Obtaining permission from courts is difficult

Variables of interest can’t be controlled

Most research examines US jury systems, with very little consideration of other countries such as Aus

181
Q

What are the 6 parts to reaching a verdict?

A

Listening to the evidence

Disregarding inadmissable evidence

Judge’s instructions

Juror decision making

Jury deliberation

The final verdict

182
Q

What is the ‘listening to evidence’ part of reaching a verdict?

A

Involves listening to evidence. Research suggests that note taking may help jurors increase memory and understanding of evidence and attention –> note taking can be helpful

Also, jurors can’t always comprehend meaning of statistical evidence and scientific findings, thus jurors can ask witnesses questions via the judge. Research shows that questions increase understanding but dont really help get to the truth

183
Q

What is the ‘Disregarding inadmissable evidence’ part of reaching a verdict?

A

During trials, lawyers or witnesses may make inadmissible statements that juries will be instructed to disregard

Jurors may not ignore evidence although they have been instructed to disregard it

In fact, instructions to ignore inadmissible evidence can boomerang–adding to the impact of the testimony

184
Q

Why is it hard to ignore some evidence?

A

The instruction draws attention to the controversial evidence

Arouses reactance: The desire to assert one’s sense of freedom

Jurors want to reach the right decision, regardless of legal technicalities

185
Q

WHat is the ‘Judges’ instructions’ part of reaching a verdict?

A

Studies suggest that jurors do not remember, understand, or accurately apply judicial instructions

Reforms for judges’ instructions have been proposed (e.g., rewriting instructions, providing a written copy to jurors)

186
Q

What is the ‘Juror decision making’ part of reaching a verdict? –> what can it be predicted by?

A

Mathematical and explanation models are used to explain juror decisions

187
Q

Explain mathematical models used to explain juror decisions

A

Views jury decision-making as a set of mental calculations

A mathematical weight is assigned to each piece of evidence

Research indicates jurors do not put a value to each piece of evidence

188
Q

Explain explanation models used to explain juror decisions

A

Suggests evidence is organized into a coherent whole

E.g., Story model: Involves imposing a story structure to the evidence for each verdict option

Research indicates this is more consistent with how jurors make their decisions

189
Q

What is the ‘jury deliberation’ part of reaching a verdict?

A

Involves the jury deliberating on the decision. It can also have other factors playing a part in it, such as the leniency bias, group polarisation and minority deliberation

190
Q

What is leniency bias?

A

Tendency for jury deliberation to produce a tilt towards acquittal

191
Q

What is group polarisation?

A

Individuals tend to become more extreme in their initial position after group discussion

192
Q

What is minority deliberation?

A

Not overly likely in jury situations, but often a minority favouring acquittal stands a better chance than one that favours conviction

193
Q

What is the ‘The final verdict’ part of reaching a verdict?

A

Involves coming to the final decision/vedict

Involves the ‘two third majority scheme’ <– predicted by this.

Also, as of 2007, majority verdicts are accepted in NSW (11 to 1) if there is no unanimous verdict, however there cant be a hung jury

194
Q

WHat is the two thirds majority scheme?

A

Jury verdict is usually the alternative favoured by 2/3 of jurors

195
Q

What are 4 common variables which could predict the final verdict?

A

Demographic
Personality
Attitudes
Defendant characteristics

196
Q

How could demographics predict the final verdict

A

Juror demographic characteristics to predict verdicts is often inconsistent and has a small correlation

There may be an interaction between demographics of jury and defendant or nature of offence

Participants more likely to have guilty verdicts and longer sentences for “other race” defendants

When defendant race is made salient, juror racial bias towards black defendants decrease.

197
Q

How could personality predict the final verdict

A

Some personality dimensions have been suggested to predict verdict

E.g., Moderate link between an authoritarian personality and rendering a guilty verdict

Some jurors are more persuasive than others (e.g., extroverts, male, tall)

198
Q

How could attitudes predict the final verdict

A

Jurors willing to give the death penalty are more likely to render a guilty verdict than those opposed to the death penalty

Research on other attitudes or values is insufficient to reach definitive conclusions

199
Q

How could defendant characteristics predict the final verdict

A

Criminal history has been found to impact verdicts

Less attractive defendants found to be guilty when jurors did not deliberate, however the attractive defendant was more likely to be found guilty when jury allowed to deliberate

Similarity - latency hypothesis

Black sheep effect

200
Q

What is the similarity - latency hypothesis?

A

Jurors who share characteristics with the defendant will be more lenient

201
Q

What is the black sheep effect?

A

Similarity between defendent and jurors predicted leniency, except when there is strong evidence against defendant in which case it was more severe

(may be because of a desire to be dissociated from the person who seems similar)

202
Q

What are the arguments against jurors?

A

Being trialed by one’s peers does not guarantee a fair trial

Juries are not always representative of community

Jury does not give reason for decision

Juries can be unpredictable –decisions may not be rational

Jury trials often result in mistrials or hung juries

Juries are expensive and slow

Juries sometimes do not understand or remember evidence

Too important a job to be left to amateurs!

203
Q

What are the arguments for juries?

A

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