legal and juror decision making

Question 1

county court

Answer 1

no jury, tries only civil cases

Question 2

magistrates court

Answer 2

3 magistrates, no jury, tries summary offences. Passes most indictable offences to crown court

Question 3

crown court

Answer 3

Judge and 12 Jury members, tries indictable offences and appeals magistrate verdicts

Question 4

bench trial

Answer 4

Judge only. Permissible under the criminal justice act of 2003 for “real and present” danger of jury tampering

Question 5

Describe an adversarial legal system

Answer 5

comprises of prosecution and defence
impartial judge, passive adjudicator who decides on points of law and sentencing
prosecution heard first burden of proof on the accuser
judge or jury attempts to make a finding of fact based upon evidence

Question 6

Describe an inquisitorial legal system

Answer 6

no jury except in major cases,

lay assessors collect evidence for and against the defendant

Question 7

Explain the role of a judge

Answer 7

1. pre-trial decisions
2. determine admissibility of evidence
3. supervises jury selection
4. directs jury
5. in charge of court proceedings
6. sums up the evidence at the end before the trial
7. determines the sentence of the defendant if found guilty

Question 8

As per the Mental Health Act 1983 (amended 2017)

what is the criteria that must be met to determine mental competency

Answer 8

the ability to understand that jurors may be challenged
the ability to comprehend the details of the evidence
the ability to understand the implication of the charges
the ability to instruct lawyers effectively

Question 9

Describe the difference between Actus Reus and Mens Rea

Answer 9

Actus Rea- the guilty act
Mens Rea- the guilty mind
intent must be present

Question 10

N.G.R.I

Answer 10

not guilty by reason of insanity

Question 11

explain mentally disordered offender

Answer 11

the CPs uses the term mentally disordered offender
A mental disorder may be relevant to: The decision to prosecute or divert; Fitness to plead; and Sentencing/Disposal. Defendant may be compulsory detained in a secure hospital to determine their mental fitness to stand trial. See

Question 12

explain diminished responsibility

Answer 12

defence used in murder cases:
requires proof of substantially impaired mental responsibility
if guilty- convicted of man slaughter

Question 13

jury decision making process

how do psychologists gather evidence

Answer 13

post deliberation interviews or surveys of real jurors
not possible to manipulate variables

mock jury
ability to manipulate experimental variables

Question 14

Explain the psychology of individual decision making

Answer 14

Devine 2001- jurors don’t make decisions in the manner expected by the courts

Question 15

What do jurors base their decisions on

Answer 15

their past experience (scripts and Schemas)
their stereotypes
their personal beliefs and values

Question 16

Explain the story model

Answer 16

Pennington 1991
jurors evaluate conflicting information and construct a story that provides a plausible explanation of evidence
by filtering information through their experiences
they often include evidence that was only inferred
therefore influence of schemas cognitive heuristics and emotions

Question 17

Give examples of stereotypes in juror decision making

Answer 17

attractive men were considered less likely to have committed murder and armed robbery Saladin 1998
attractive people viewed more sympathetically by judges when found guilty Wuensch 1991
jury more lenient towards their own religion Kerr 1995
white jurors more likely to find a black defendant guilty than black jurors Abshire 2003

Question 18

Explain attribution theory

Answer 18

jurors make decisions about why people do things
Heider, 1958
people explain the behaviour of others in terms of disposition and explain their own behaviour in terms of situational factors

Question 19

explain the fundamental attribution error

Answer 19

Russ- jurors overestimate dispositional factors and underestimate situational factors

Question 20

explain just world theory

Answer 20

the extent to which people see the world as a just and fair place

Question 21

pollard 1992

Answer 21

females make more pro-victim judgements than males

the more provocatively dressed and the more sexual partners the victim has had the less sympathy they recieve

Question 22

Explain each stage of the juror decision making process

Answer 22

1. orientation period relaxed discussion, exploration of facts
2. open confrontation, debate focus on details interpretation of facts, pressure to conform
3. reconciliation, smooth conflict with humour

Question 23

explain the differences between informational and normative conformity

Answer 23

Asch
informational- individual conform because they don’t know what to do and look to the group for guidance
normative- individuals outwardly conform to avoid rejection, inwardly disagree

Question 24

Myers 2001

Answer 24

90% of cases the position of the majority prior to discussion becomes the verdict

Question 25

Explain group polarisation

Answer 25

Hastie showed a Murder trial to 69 mock witnesses is the length of the discussion only strengthened the peoples preferences

Question 26

McConville

Answer 26

Judges had serious doubts about the verdict in 36% of cases that were acquitted

Question 27

Greene

Answer 27

Though there is room for improvement research shows that juries do a reasonable job of weighing evidence and applying the law

Question 28

groupthink

Answer 28

Groupthink is a psychological phenomenon that occurs within a group of people in which the desire for harmony or conformity in the group results in an irrational or dysfunctional decision-making outcome.