Midterm Flashcards
What is forensic psych? What are the two sections of forensic psych?
Forensic psych represents research at the intersection of psych and the law.
All aspect of the legal system can be studied under the forensic psych umbrella
Clinical: professional practice of psych within both civil and criminal law
Experimental: research that examines aspects of human behavior directly related to the legal process
Discipline in which one examines bones of deceased victims to determine key facts about them (Dr. Kathy Reichs). How sound is it?
Forensic Anthropology
A sound science
Discipline in which one examines the spoken or written word (e.g. analysis of a suicide note to determine authenticity) How sound is it?
Forensic Linguistic
Looks at speech patterns, serious threats
As a field, it is debated because it is really hard for two people to come to the same conclusion. more art than science Up to a judge to decide if it will be let into the court
Discipline in which one studies dental aspects such as bite marks or use dental records to identify victims. How sound is it?
Forensic Odontology
Scientific evidence for bite mark evidence is horrid; garbage science
Discipline in which one studies how insects can assist in crime scene investigations. How sound is it?
Forensic entomology
Quite sound and scientific, still prone to bias but at the end of the day decisions are made by humans
Discipline in which one performs autopsies to determine cause of death in sudden or unexpected death (Dr. G show) and its accuracy. How sound is it?
Forensic Pathology
Medical doctor, determines cause of death
Good example of where personal bias influences what should be scientific decisions
Discipline in which one analyzes hair samples, paint chips, blood stains, and other materials. How sound is it?
Forensic Chem
Can be done properly
Major Eras of Forensic psych
First Era: The Birth of legal psych (1890-1930) - applied psych that also happened to look at the law
Second Era: The dormant years (1930-1960) - Psych. was still establishing itself as a discipline
Third Era: Birth of the modern era (1960-1990) - important books describing the field
Wilhelm Wundt
Basic principles of psych (memory, perception, sensation) and how it applied to business, education, law, etc.
Cattell - 1895
First experiments in ‘psychology of testimony’
Asked students about things they have witnessed in their everyday life
Proved that memory, especially long term, is vastly inaccurate and malleable
Binet (1900)
Proved suggestibility in children & mentally disabled persons
Showed that depending on how you ask a child questions, they will tell you different answers
You get the most accurate information in open or direct questions
Stem (1901)
Demonstrated a weapon effect; after the weapon is pulled, the information becomes a lot less accurate because the attention focuses to the weapon
Hugo Munsterbeg (1908)
Father of forensic psych
Wrote on the Witness Stand in which he said psychologists had all the answers and lawyers were too stupid to realize
Wigmore (1909)
Wrote a critique of Munsterberg
R. v. Mohan (1994)
Case in which Supreme Court of Canada layed out rules on if evidence can be used in the court
1) Evidence must be relevant
2) Evidence must be necessary
3) Evidence must not violate other rules of exclusion (prejudice vs. probative value)
4) Presented by qualified expert
5) (Added by this case) expert s must be independent and impartial
Three levels of policing in Canda
Federal: RCMP - Royal Canada’s Mounted Police; Enforces criminal code of Canada (CCC)
Provincial/territories: RCMP EXCEPT: Ontario Provincial Police, Surete du Quebec, Royal Newfoundland Constabulary
Municipal: RCMP - Smaller cities, larger cities have their own, First Nations police services
Police discretion
The freedom that a police officer often has not deciding what should be done in any given situation
You cannot take discretion out of policing but because you provide the police with so much freedom, it gives room for personalities and biases come through
Beaudry v. The Queen (2007)
Court laid out rules for boundaries surrounding police discretion
Can’t let somebody go just because they are your friend
Must show that they thought they were doing something right
Must be:
Subjective and Objective
Exercised in the public interest
Very vague processes - up to the RCMP to choice to continue with actions
Racial Profiling
The initiation of police action (e.g. traffic pullovers) based on the race of an individuals rather than any evidence of wrongdoing
A very serious problem in Canada, not immune to racism, often thought as just in US
Carding
Carding - just randomly stopped people, who were doing nothing wrong and record the answers and identifications. Police collect and document information in non-criminal encounters with the public.
Card - form - report - database
Toronto star showed after a long legal battle that there was a large amount of racial profiling in this process
Police can no longer ask you for personal information without suspecting you of a crime - is mostly illegal in Canada
Street checks
A voluntary interaction with the public, initiated by the police officer, where the police officer makes a request for personal identifying information for a law enforcement purpose
Cannot be random or arbitrary
Significant evidence of racial profiling in the initiation of street
Street checks banned in Nova Scotia in 2019
2021 - ‘suspicious activity’ replaced with ‘reasonable suspicion’
Use-of-Force
Anything more serious than soft-handed physical control techniques
Not use of force:
Handcuffing - normally
Leading you
Pushing your head into the car - gentle
This is subjective
We actually don’t know how many use of force incidents happen - police report it individually
This is not a common thing <.1% of encounters
These are rare but how they use the power should be investigated
Mekawi and Bresin (2015)
42 studies of racial bias in simulated shooter scenarios
Showed:
Participants faster to shoot armed Black target vs. armed White targets
Participants slower to not shoot unarmed Black targets vs. unarmed White targets
Worse in states with more permissive gun laws
Excited Delirium Syndrome (ExDS)
A fatal condition
Created after the fact, I HAD to just excessive force, they were out of their mind, so strong
Symptoms:
Extreme agitation/delirium
Aggression
Increased pain tolerance
Extreme physical strength and endurance
Hyperthermia
Risk Factors for death by ExDS = restraint-related asphyxia; being overweight & use of stimulants
NOT a recognized condition (not in DSM or ICD)
Does Body Worn Cameras (BWC) deter bad behavior from police and encourage positive interactions with citizens?
No significant difference in officer use of force, positive reduction of citizen complaints
Does Body Worn Cameras deter officers from exercising their discretion because the decision can be reviewed (i.e. stop them from policing)?
No significant difference in citations and arrests; does not stop them from policing
How do officers feel about Body Worn Cameras?
Officers feel positive, could be positive impression management
Does Body Worn Cameras deter bad behavior from citizens?
No doesn’t deter bad behavior, doesn’t impact how citizens responses to police
No civilizing effect
What are the benefits and problems of Body Worn Cameras?
Perceived Benefits:
Increased Transparency and citizen views of police legitimacy (??)
Civilizing effect on police officers
Expedites resolution of police/citizen encounters
Helps in police trainings (??)
Viewing the footage helps to put perspective on the situation that transcripts and facts cannot give
Perceived Problems:
Not a lot of evidence/studies
Tons of money
Citizen privacy concerns (??) - issues of confidentiality; intermittent vs. continuous records
Where to position the camera
Investment in terms of training and policy development - how to use property? Downloading and storing footage?
Increased commitment of finances, resources, and logistics - how should it be used in court?
Technology limitations - hearing it, seeing with the positioning, no night mode, gun drawn right in front of the camera
When can police stop you?
1) If they suspect you have committed a crime
2) if they see you commit a crime
3) if you’re driving
What are your rights upon arrest?
Provide the reason for your arrest
Right to silence (has been determined in courts not legislation, not legally required): Police are allowed to continue question
Right to counsel: Do not have the right to counsel present during the interrogation, single conversation (phone call, etc.) and if new charges are added/changed
Request for more counsel is not protected
What are police interrogations and what are the types?
Definition: Interpersonal process whereby a police officer asks a suspect questions about their involvement in a crime
Two types:
Custodial: Person has been detained or arrested; typically occurs at the police station; must be told about rights
Non-custodial: Suspect is interviewed but has not been detained or arrested; outside of police station (e.g. Mr. Big); rights not required; you don’t know you’re being interrogated and police have no legal obligation to tell you your rights
What is the Reid Technique?
From John Reid
A process whereby the police interview a suspect for the purpose of gathering evidence and obtaining a confession
Goes into this interview with the guilt bias
Could go on for hours
Not based on any sort of research/evidence it worked
Stages of the Reid Technique
Stage 1: Gather Evidence, interview witnesses and victims
Stage 2: Non-accusatorial interview of the suspect, assess any evidence of deception, trying to see if the person is lying
Stage 3: Accusatorial interrogation of the suspect (9 steps), primary objective is to secure a confession
Problems with the Reid Technique
It can be very lengthy
Can lead to higher false confessions
Not looking for the truth, only a confession
* You’re going to cherry-pick evidence
* Going to impact the techniques in the room
Already assume guilt
Stage 2 of Reid Technique
Assessing Deception
Stage 3 only happens IF the police officer believes the suspect is lying and is therefore guilty
There is no scientific evidence to support the claim that police, trained or not, can distinguish truths and lies simply by observing person’s interview behavior
Gives police a false sense of accuracy/power trip
Builds their guilt bias
According to the Reid Technique, how do you tell someone is lying?
Fidgety
Trying to retell the story
Self-soothing behavior
Language slips
‘I don’t know’ ‘I don’t remember’
Changing their stories
What are the types of techniques in stage 3 of the Reid Technique?
Minimization technique: ‘we can help you’; good cop
Maximization technique: ‘its going to get worse if you don’t help us’; bad cop
What are the 9 steps in stage 3 of the Reid Technique?
Confrontation - confront with their guilt
Theme development - start to create reasons for why they did this
Denials prevented - interrupt their denials; ‘we’re just here to know how’
Objections to themes - them saying they wouldn’t do this for reasons the police made up, now you let them talk
Keeping suspect’s attention - close physical space, etc.
Handling suspect’s passive mood - that’s when you go in for the kill, take what they were saying during the objections to themes
The alternate question - did you do this because of this (your theory) or this (objection to theory)?
Verbal account - if they answer, why don’t you tell us that (leading questions)
Written confession - written down after the verbal account
What are the limitations of the Reid technique?
We do know body language (e.g. they are nervous), we don’t know when someone is lying super accurately
If you already think a person is guilty, you will ignore things that don’t confirm this. Not going in trying to force this, but that the ends justifies the means
More false confessions, no evidence of more confessions
Investigator bias + coercive; enter an interrogation already believing the suspect is guilty
NO evidence that it works; no evidence it leads to more confessions than other techniques
What did Kassin et al. (2003) show?
Showed that interrogators with guilty expectations selected more leading questions and were more likely to use the ‘Reid’ interrogation techniques
Led to more guilty rulings
What is the UK: peace model and what are the steps?
A new technique in the Uk to stop false confessions
Goal: to get as much information as possible NOT a confession
Planning and preparation - preparing information, getting everything they can so they are well prepared
Engage and explain - explain why they’re there, give them all the information they have, then they ask if they are ready to proceed and if they are comfortable, not confrontation
Account - can you tell me what you know? Uninterrupted, then you give them questions of the wrong information
Closure - give them what you’ve written down, let them change things, give them questions/resources, then thank them
Evaluation - thinking about the interview what could they do and how to more forward
What are the benefits of the PEACE model?
No coercion = less chance of inadmissible statements
Results in the same number of confessions without any limitations associated with Reid Model
Use of cognitive interview techniques = evidence-based memory enhancement + accurate information
Makes use of evidence based memory models for more information
Wants to get the most amount of accurate information possible
What type of Interview model is used in Canada and what does it look like?
After 2017, Sgt. Darren Carr implemented the Phased Interview Plan (RIM). RIM is a hybrid approach of non-accusatory and accusatory based interviews. This was done because of reluctance to adopt the full PEACE model
What are the phases of PIM and which ones are based on the PEACE model and the REID model?
There are 6 phases:
1) Review, preparation, and planning
2) Introduction and legal obligations
3) Dialogue
4) Version challenge
5) Accusation and persuasion
6) Post-interview
1-3 are based off the PEACE model, allowing for open dialogue and trying to get as much information as possible
4-6 are based off the REID model, being accusatory, allowing minimization, testimonial ploys, including lying, and leading questions, all to receive a confession
What is the Mr. Big technique?
The Mr. Big technique is a Canadian investigative ploy in which a police officer plans an undercover friendship in order to make a suspect confess. This is a non-custodial interview and often used as a last resort or Hail Mary in cases that have no physical evidence but a strong suspect. It is banned in many Countries because of the coercive nature. This was shown in class by the Heart case
What are the steps to Mr. Big? What happens during a Mr. Big investigation?
Includes a four-stage process: intelligence probe, introduction, relationship/credibility =-building and evidence gathering
Police befriend the suspect, through information from investigation, give them something
Suspect is introduced to crime organization, is asked to engage in what they think is illegal activities, usually drug running
You’re doing so well, you should meet Mr. Big
Mr Big then offers to let them into the organization if they confess to a serious crime - If you can’t tell me something that you did, something really bad, then I can’t trust you and you can’t join - I can’t trust you if you don’t tell the truth
What are the differences in your rights between a Mr. Big investigation and a custodial investigation?
In a Mr. Big opperation:
a situation is not clearly a police interrogation
the suspect is not warned of rights to remain silent/right to legal counsel
suspect is given direct inducements to confess
suspect is explicitly threatened
Suspect is involved in criminal activity
Both have:
Use of isolation, minimum and maximum techniques
Deceived about evidence
Don’t have to be recorded, although it is a norm for custodial
What was the R. v. Hart case? What happened and what were the legal outcomes?
In 2002, Nelson Hart’s 3-year-old twin daughters drown. He tells the story of having a seizure and seeing his daughter in the water and going to get his wife for help. It is suspected that he, rather, drowned his daughters. In 2004, a Mr. Big operation happened and after 4 months, he confesses to drowning his children. In 2007, he is convicted of 2-counts of second degree murder. However, this is overturned in 2014, where the courts found the confession not admissible. This placed new limits on Mr. Big operations, stating the probative value of Mr. Big confession must outweigh their prejudicial effect, i.e.It has to be more likely the truth then the prejudices you went into it with, lawyers cannot use the acts they committed in the Mr. big to judge their character, and admitting that there was a big risk of eliciting an unreliable confession.
What is a false confession? What technique is more likely to lead to false confessions
A confession that is either intentionally fabricated or is not based on actual knowledge of the facts that form its content. Coercive techniques are more likely to lead to false confessions
What are the 3 types of false confessions and why do they happen?
Voluntary: A false confession that is provided without any elicitation from the police. The person can actually believe that they committed the crime. This happens because of person being unable to distinguish fact form fantasy, a morbid desire for notoriety, the need to make up for pathological feelings of guilt by receiving punishment, a desire to protect somebody else from harm (especially for juveniles)
Coerced-compliant: A confession that results from a desire to escape a coercive interrogation environment or gain a benefit promised by the police. This person does not believe they did the crime. This happens to escape further interrogation, gain a promised benefit - from police, avoid a threatened punishment - by someone from the outside
Coerced-internalized: A confession that results from suggestive interrogation techniques, whereby the confessor actually comes to believe he or she committed the crime. This happens because of a history of substance use or other interference with brain function,, an inability of people to see difference between what they observe and what is erroneously suggested to them, and factors associated with mental state (e.g. anxiety, confusion, or feelings of guilt). Younger people are more at risk for this.
What are the consequences of false confessions?
Waste of time and money
Innocent person serves a guilty sentence
Real perp is still out there
Very difficult for juries to disprove a false confession
The idea that nobody would ever do this unless they were guilty, is so hard to get over, for judge, jury, and police
The forms and content of a false and true confession are very similar
What are some ways to reduce the chance of false confessions that the police could do today?
Stop using coercive methods, implement the PEACE model/stop using the Reid technique
Record all interrogations and add the right to have a lawyer present in the charter
Don’t allow children to be interviewed alone
Do not allow for them to lie about the amount of evidence/type of evidence they have
Training them about false confessions, factors to false confessions, and limitations of the Reid method
Not ending the investigations after the confessions, keep going to continue to prove the guilt of the person
When are confessions admissible in court? What Supreme Court cases established them?
If they are given VOLUNTARILY
by a COMPETENT individual
Overtly coercive tactics are not acceptable, established by R. v. Hoilett and R. v. Chapple
However subtle forms of coercion acceptable, R. v. Pickle