introducere Flashcards
what is forensic psychology
the application of psychology to law
application of psychological theory and methods to criminological and legal issues
what do criminological issues relate to
crime and criminals
what do legal issues relate to
evidence, witness and the courts
what does the criminal justice system do
responds to crime, protects the public and takes action against people who break the law
what are the 2 models of the criminal justice system
- crime control model
- due process model
- what is the crime control model’s goal
goal is to suppress and control offenders’ criminal behaviour via efficient and consistent processes
- what is due process model’s goal
goal is to protect people’s rights and freedoms via fair and equitable treatment
what are the 2 systems of the criminal justice system
- adversarial system
- inquisitorial system
- what is the adversarial system
judge is not involved in the investigation
focus on the oral presentation of evidence during the trial
‘rules of evidence’ allow the judge to rule potentially relevant information inadmissible if it is unreliable
- what is the inquisitorial system
judge is heavily involved in the investigation
focus on the written presentation of evidence prior to the trial
‘free proof’ allows the judge to consider potentially relevant information irrespective of its reliability
are judges better at decision making?
judges are:
- more impartial
-better able to cope with complex trials - resistant to biasing effects of unreliable evidence
- mindful of long-term consequences of decisions
are juries better at decision making?
juries:
- reflect the standards and morals of the public
- resistant to biasing effects of unreliable evidence
- less influenced by political implications of decisions
what are the criminal justice system stages?
3 stages and each involves different people, practices and procedures that aim to provide a fair and just outcome
- the investigative process
- the courtroom
- the penal system
- what is the investigative process
crime come to the attention of the police via numerous sources
the offender may be identified at the scene
if not, the police conduct an investigation to identify the offender
Questions:
- how effective is offender profiling?
- how reliable is eyewitness testimony?
- how truthful and accurate is information obtained from police interviews?
- what is the courtroom
once a suspect has been identified and sufficient evidence has been collected, the case is brought before a court of law
the defendant may plead guilty
if not, the case will proceed to trial
Questions:
- how do jurors decide where a person is guilty or innocent
- what factors influence jury decision-making
- what is the penal system
a sentence is imposed if a defendant is found guilty
prison, probation or a range of alternative punishments (e.g. compensation and community payback orders, intensive supervision programmes)
Questions:
- what are the aims of sentencing
- how effective is treatment in reducing the risk of reoffending
what do we know about memory today from psychological research
episodic memory is FALLIBLE (vulnerable to error)
memory does not work like a video recorder
memory is reconstructive
details are not permanently stores
what do we know about eyewitness testimony from psychological research
eyewitness testimony is unreliable
there are errors of what is remembered and reported in eyewitness accounts and identification errors
what do DNA exoneration cases show
DNA exoneration cases show that eyewitness testimony is amongst the least reliable forms of evidence
what is the Innocence project
a project who aims to free the staggering number of innocent people who remain incarcerated, and to bring reform to the systems responsible for their unjust imprisonment
the case of Steven Avery
Convicted of: sexual assault, attempted murder
Led to false imprisonment
Did not plead guilty
Sentenced: 32 years
Served: 18 years
Contributing causes of conviction: EWT misidentification, false confessions or admissions, government misconduct, inadequate defense
At the age of 22, was wrongfully convicted of SA. He spent almost 20 years in prison before being exonerated through DNA testing.
the case of Gary Dotson
Conviction: rape
Sentence: 25-50 years
Served: 10 years
Contributing causes of conviction: false rape accusations, Gary Dotson matched the description she gave
In 1985 Cathleen admitted she had lies, but it was rejected by the prosecutors
Several years later, Gary’s new lawyer gained access to DNA testing, the results matched Cathleen’s then boyfriend
what is the highest cause of wrongful convictions
- mistaken ID
what is the innocence project 25-year anniversary report (2017)
eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing, playing a role in more than 70% of convictions overturned through DNA testing nationwide.
1/4 of people wrongfully convicted but later exonerated by DNA evidence made a false confession or incriminating statement
