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forensic psych > Jury Decisions > Flashcards

Jury Decisions Flashcards

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1
Q

Jury =…

A

“tiers of fact”

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2
Q

6th amendment

A

Public trial by an impartial jury

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3
Q

7th amendment

A

Civil lawsuits

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4
Q

U.S. = __% of all jury trials in the world

A

90%

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5
Q

Bench trial do not involve what?

A

A judge

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6
Q

Criminal involves p__________ and g_____

A

prosecution and guilt

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7
Q

Civil involved p________ and d______

A

plaintiff and damages

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8
Q

History: trial by ordeal

A

how they reacted
Was ‘evidence’ of God’s pleasure or displeasure and that was taken as the verdict

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9
Q

History: trial by combat

A

declined in popularity because the Church withdrew the priests as referees

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10
Q

Trial by Jury: Origins

A

Juries were originally self-informing
They were the witnesses and did their own investigation
Only later did juries become an impartial body

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11
Q

Modern Juries - Venire

A

“to make appear”
Prospective jurors summoned
“Pool” of qualified persons

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12
Q

Who is considered a qualified person for a trial jury

A

English speaking, 19 ad over, no felonies, resident, etc.

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13
Q

Modern Juries - Voire dire

A

“speak the truth”
Questioning by lawyers, judge in court
Jury “selection” (actually eliminating jurors)

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14
Q

Voire dire - adversairal

A

attempt to create favorable bias

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15
Q

What are the types of challenges lawyers can make in Voire dire?

A

For cause - obvious reason why someone has conflict of interest or bias
Peremptory - “at my will/at my please” –> can challenge someone without needing to explain why

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16
Q

How many peremptory challenges can lawyers make?

A

Between 3 and 25
More for defense than prosecution

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17
Q

What are limits on challenges in Voire dire?

A

Can’t intentionally exclude on basis of race, gender, religion, income (cognizable groups)
Don’t want to deem intentionally discriminatory (illegal)

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18
Q

What is scientific jury selection?

A

Prediction of verdicts, based on:
Attitudes
Personality
Demographics

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19
Q

What are sources of information for scientific jury selection?

A

o Answers to voir dire questions, jury questionnaires
o Behavior during voir dire (Expressions, gestures)
o Observable traits (gender, age, health, dress, etc.)
o Social media, online data

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20
Q

scientific jury selection - Harrisburg Seven case (1972)

A

Trial of Vietnam war protesters
Tried in Harrisburg because polls showed 80% rate of conviction
Defense psychologists surveyed 840 residents: correlated demographic with attitudes
Government tried to have trial moved to different location
Outcome: hung jury, no re-trial
Phillip Berrigan

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21
Q

General Attitudes: Juror Bias Scale
What does it measure?
What kind of bias can be evaluated from this?

A

Measures pre-existing attitudes about:
Probability of commission
Reasonable doubt
Pro-posecution bias OR pro-defense bias (criminal)

22
Q

Who created the Juror Bias Scale?

A

Saul Kassin

23
Q

What are the vote to convict based on JBS scores?
Pro-defense score: __%
Pro-prosecution score:__%

A

Pro-defense score: 52%
Pro-prosecution score: 81%

24
Q

What are stealth jurors?

A

Jurors who may hide biases during voir dire
Alterior motives

25
Q

What is a major issue with stealth jurors?

A

“death qualification” –> ask every juror, could you find it in yourselves to vote for the death penalty?

26
Q

What evidence influences jury?

A

o Confessions
o Eyewitnesses (confidence, number)
o Expert testimony
o Physical (medical, DNA, ballistics, trace evidence, etc.)

27
Q

What forms of research is conducted on juries?

A

 Actual trial records
 Post-trial interviews
 Mock juries
 Shadow juries –> specifically constructed to mirror a real-world jury

28
Q

What is the CSI effect?

A

jurors expect great forensic evidence in the trial, and if they don’t, they think something is wrong

29
Q

How is evidence processed? (3)

A

Story model
Simulation heuristic
Inadmissible evidence

30
Q

How is evidence processed - simulation heuristic

A

Jurors more likely to believe argument if the can easily imagine it (mentally simulate events)

31
Q

Pre-Trial Publicity is often…

A

based on press releases, information from police, DA
Contains information not admissible in court

32
Q

What is an issue with pre-trial publicity?

A

Source monitoring errors - “Sleeper effect”

33
Q

What is the “sleeper effect”

A

We don’t remember where we learnt the information from

34
Q

Exposure can bias jurors towards presumption of _____

A

guilt

35
Q

Do we recognize or admit our bias?

A

No
People who believe there’s “a lot of evidence against” a defendant before trial are more likely claim they can be “impartial” and “fair”

36
Q

What can be done with issue of pre-trial publicity? (5)

A

Gag order (participants, media)
Change of venue
Attempt to remove biased jurors in voir dire
Delay of trial –> waiting for hype to calm down
Survey research for attitudes

37
Q

Defendant behavior
__% of jurors report reacting to defendant’s ________ (facial expressions, body language, eye contact, etc.)

A

70%
demeanor

38
Q

What case is are 2 examples of defendant’s behavior

A

Scott Peterson (2002)
Nikolas Cruz sentencing (no eye contact)

39
Q

“Extralegal” Evidence

A

Not supposed to be part of the trial, not something the jury should be paying attention

40
Q

Appearance
“_________” evidence
USSC: 1st Amendment right to control own appearance, unless…
Ex:

A

“Character” evidence
USSC: 1st Amendment right to control own appearance, unless goals is to deceive jury
Ex: prison jumpsuit, tattoos, nonprescription eyeglasses

41
Q

Attractive defendants are less likely to…

A

be thought guilty, given lower bail or fines shorter sentences
EXCEPT if perceived to be using attractiveness for illegal gain or manipulation

42
Q

Group conformity
Initial vote: __%
__% of juries begin with big majority eventually end with that verdict

A

30%
90%

43
Q

Group conformity - unanimous:
Ex:

A

1 person can deadlock/hang (6% of trials)

Ex: The “Allen charge” –> charged with murdering 18y/o –> jury couldn’t come up with unanimous verdict after 3 attempts

44
Q

With a majority, a hung jury is less likely but…

A

shorter deliberations
Jurors report less satisfaction

45
Q

Civil cases: torts

A

Wronged person (plaintiff) sues for damages

46
Q

Damages in civil cases include:

A

o Physical harm
o Economic harm
o Mental/emotional harm (“pain & suffering”)

47
Q

What are the 2 different types of damages in civil cases:

A

Compensatory damages
Punitive damages

48
Q

Civil Cases: Torts - Example

A

OJ Simpson, wrongful death

49
Q

Civil cases: damages are based on:

A

Intent
Degree of Responsibility (can be a percentage)

50
Q

What is assumption of risk?

A

You take on some of the responsibility because you knew there was a hazard

51
Q

Tort Reform - “Litigation explosion” case example

A

Liebeck v. McDonald’s Restaurants (1994)
Award of $2.9 million dollars

forensic psych (8 decks)

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