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Psychology > Module 8 > Flashcards

Module 8 Flashcards

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1
Q

What 3 things should be true about the judicial system? (Think about the lady justice)

A
  • Should be blind
  • Equal
  • Justice will be served
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2
Q

What are the 2 judicial systems and what do they mean?

A
  • Adversarial. Judges job is passive
  • Inquisitorial. Judge is active, looking for evidence.
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3
Q

What are summary offences? Who are they tried by?

A
  • $2000 fine or 6 months in jail
  • Judge alone
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4
Q

When can a defendant choose if the trial is tried by judge or jury?

A

Indictable offences with a potential sentence of 5 years or less.

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5
Q

What percent of trials is heard by judge and jury?

A

20

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6
Q

What happens during hybrid offences?

A

Crown chooses whether to proceed with indictable or summary charges.

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7
Q

What are the 2 legal functions of a jury?

A
  • Decide the facts from evidence
  • Decide on a verdict
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8
Q

What is not a function of Canadian juries?

A

Sentencing

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9
Q

What is step 1 of selecting jurors?

A

Prepare a jury list

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10
Q

Before bill C-75, how many peremptory challenges could be used?

A
  • 20 for murder
  • 12 for anything else
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11
Q

What was done for challenge of cause prior to bill C-75?

A

2 members of jury would decide whether the juror would be bias or not.

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12
Q

How does post bill C-75 compare?

A
  • No more peremptory challenges
  • Judge decides challenge for cause and jurors that served less than 2 years in prison, cannot be excluded
  • Judge can continue if pool is below 10
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13
Q

What are the 3 requirements to be a juror?

A
  • Canadian citizen
  • Live in the province
  • 18 years old
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14
Q

Who cannot serve on a jury?

A
  • Attended law school
  • Work in justice
  • Member of house of commons
  • Indictable offence 2 + years
  • Armed forces member
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15
Q

What 2 things can happen of jurors are not impartial?

A
  • Adjournment (delay trail)
  • Change venue
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16
Q

Study by Ruva & McEvoy showed what about pretrial publicity?

A
  • Positive publicity has no effect on guilty verdict
  • Negative publicity does have an effect
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17
Q

Who convicts more, judge or jury?

A

Judge

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18
Q

What are 2 general features looked at in jury selection?

A
  • Personality (e.g., Higher score on authoritarianism convict more)
  • Attitudes (e.g., Rape myths and peoples beliefs)
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19
Q

What are the 4 ways we can study juries?

A
  • Post trial interviews (Can’t talk about it in Canada)
  • Archival studies
  • Field studies (limited in Canada)
  • Simulation studies
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20
Q

Can jurors disregard inadmissible evidence?

A

No!

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21
Q

What are the 6 variables studied in relation to a verdict?

A
  • Demographic
  • Personality traits
  • Attitudes
  • Defendant characteristics
  • Victim characteristics
  • Expert testimony
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22
Q

How does race relate to capital punishment given?

A

Higher percent of capital punishment given when the race of the defendant and victim are not the same.

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23
Q

How does sex play a role in the capital punishment given?

A
  • If the defendant is female the jurors are less harsh
  • Female jurors are also less harsh to defendant UNLESS it is a sexual assault case
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24
Q

How does beauty affect punishment?

A
  • Attractive defendants typically rated less harshly
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25
Q

What is rape myth acceptance (RMA), what is true about it relating to jurors and who presents it much higher?

A

-Cognitive, affective and behavioural effects of beliefs that blame the victim and exonerate the perpetrator. Failure to resist attack, prior relationship, intoxication, calm demeanour
- In Mock trials, jurors were more likely to make negative judgements of the case aligned with rape myths
- Men present higher RMA

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26
Q

What 2 factors predicted verdict choice when looking at pre trial publicity and RMA?

A
  • Negative messages about the victim = more not guilty verdicts
  • People that believed the victim consented = more not guilty verdicts
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27
Q

What are 4 limitations to jury research?

A
  • Deliberations. Group discussions vs individual decisions
  • Complexity/length of an actual trial. Low generalizability to the real world.
  • Samples not representative of real jury
  • People are not always aware of why they make certain decisions
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28
Q

What 2 elements must be established for criminal guilt to be found?

A
  • Actus reus
  • Mens rea
29
Q

What is actus reus?

A

A wrongful deed

30
Q

What is mens rea?

A

Criminal intent

31
Q

What are the 2 underlying values of fitness to stand trial?

A
  • Fair trial (must be able to understand what is expected of you as the defendant).
  • Accurate trial
32
Q

What are 3 things that make the defendant fit for trial?

A
  • Able to understand the nature or object of the proceedings
  • Understands the possible consequences of the proceedings
  • Is able to communicate with counsel
33
Q

What are the 4 core elements of assessing the fitness of a defendant?

A
  • Focus is on defendants present ability and not at the time of the crime.
  • Focus is on capacity and not willingness.
  • Possess a reasonable knowledge.
  • Emphasis is on current cognitive functioning and not on mental disorder.
34
Q

The treatment order can be no longer than _ days.

A

60

35
Q

After a fitness hearing, what percent of defendants will be found to be unfit?

A

25

36
Q

After a fitness hearing, what percent of defendants will be found to be fit?

A

75

37
Q

What are the 2 possible outcomes of an annual review?

A
  • Conditional discharge
  • Custody in hospital
38
Q

What is the competency screening test?

A
  • 22 sentences that need to be completed
  • 3 point scale (2=competent, 1=unsure, 0=incompetent)
  • Scores <20 mean possible incompetent
39
Q

What are the possible problems with the competency screening test (CST)?

A
  • They may score low because they are unfit, cynical (distrustful) or they are depressed. There are more reasons just being unfit that can lead to a low score so it is not overly reliable for determining fitness.
40
Q

What does NCRMD stand for?

A

Not criminally responsible on account of mental disorder.

41
Q

A person is not criminally responsible for an act or omission committed while suffering from a mental disorder given the person is incapable of what 2 things?

A
  • Appreciating the nature and quality of the act or omission
  • Knowing that what they did was wrong
42
Q

What are the 4 most common myths about NCRMD?

A
  • large number of defendants use the defence
  • Majority of the times the plea is successful
  • Those found NCRMD are released to society quickly
  • That NCRMD is extremely dangerous
43
Q

How many criminal cases out of 1000 use the NCRMD defense?

A

2

44
Q

What precent of NCRMD cases are successful?

A

26

45
Q

Does NCRMD offenders tend to spend more or less time in confinement?

A

More

46
Q

Are the more male or female NCRMD offenders?

A

Male (84%)

47
Q

What offence has the lowest percent of NCRMD?

A

Sexual Assault

48
Q

What diagnoses has the highest percent of NCRMD?

A

Schizophrenia and affective disorders

49
Q

What is a detention order?

A

Detention in a secure psychiatric setting, usually hospital

50
Q

What is a conditional discharge?

A

Discharged but with release conditions. Can be detained of conditions are not followed.

51
Q

What is an absolute discharge?

A

Completely discharged from the system without any restrictions.

52
Q

What are 4 things that must be taken into consideration when deciding a disposition of NCRMD?

A
  • Public safety
  • Defendants mental state
  • Defendants ability to reintegrate into society
  • Any other needs of the defendant
53
Q

What percent of NCRMD is given a conditional discharge, custody order or absolute discharge?

A
  • 35
  • 52
  • 13
54
Q

What is automatism?
What are the 2 types?

A

The unconscious, involuntary behaviour such that the person committing the act is not aware of what he or she is doing.
- Noninsane
- Insane

55
Q

What is noninsane automatism and what is the verdict?

A
  • Involuntary behaviour that occurs due to external factor
  • Verdict = not guilty
56
Q

What is insane automatism and what is the verdict?

A
  • Involuntary behaviour due to a mental disorder
  • Verdict = NCRMD
57
Q

What are 6 examples of noninsane automatism?

A
  • Sleepwalking
  • Physical blow
  • Physical ailment
  • Hypoglycaemia
  • Carbon monoxide poisoning
  • Involuntary intoxication
58
Q

What are some differences between NCRMD and fitness to stand trial?

A
  • NCRMD requires an admission of a crime, fitness does not.
  • NCRMD focuses on mental state at offence time, fitness focuses on any point during the trial
59
Q

What percent of Americans are diagnosed with a mental disorder?

A

46%

60
Q

Who comes in contact with the criminal justice system (CJS) more often?

A

Those with mental illness

61
Q

What mental disorders come in contact with the criminal justice system most often?

A
  • Drug use
  • Antisocial personality disorder
62
Q

What is not a reason that those with mental illness come in contact with the CJS more often?

A

Greater violence

63
Q

Why do those with mental illness tend to have a higher contact with the CJS?

A
  • More likely to be arrested (don’t try to escape)
  • More spontaneous and less planning in crimes
  • More likely to plead guilty, often can’t afford legal help
  • Mental illness symptoms can lead to criminal lifestyle
64
Q

If those with mental illness do not have high violence rates, what can lead to violence?

A

Mental illness + Substance dependence

65
Q

What is the most robust predictor of criminal behaviour?

A

Criminal history

66
Q

What is the exception to clinical predictors (any diagnosis) not predicting general or violent recidivism?

A

Personality disorders

67
Q

What are the objectives of mental health courts?

A
  • Divert those with minor/moderate criminal offences from normal court
  • Facilitate defendants fitness
  • Make sure the defendant gets mental health treatment
  • Decrease repeat offences
68
Q

What kinds of crimes do those with mental illness most commonly commit?

A
  • Trespassing
  • Shoplift
  • Minor assault

Psychology (5 decks)

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