PSYCH AND CRIM JUSTICE Flashcards
1
Q
How could psych contribute to family law? EWP
A
Examines experiences within the court system.
◦ What is in the BIC.
◦ Perceptions of fairness in relation to child support
2
Q
Fresh vs. New evidence
A
Fresh evidence- evidence which is discovered after the verdict that could not have been available at trial.
New evidence- evidence which was available to the accused or which the accused could reasonably have been expected to produce at the trial.
3
Q
Theoretical framework for psych and crim justice
A
As a discipline, psychology is mainly concerned with the scientific study of human behaviour.
By scientific, we mean that “we ask precise questions, and… we test our ideas through systematic observation”
4
Q
Eyewitness testimony
A
persuasive + unreliable
5
Q
Explain misidentification
A
Misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing.
6
Q
Reliability - context of EWT
A
The identification of the accused would be reliable when the accused is consistently identified as the perpetrator of the crime (Thomson, 1996).
7
Q
Validity - context of EWT
A
In the context of EWT- An identification is valid when it is “made from the witnesses memory of the offender at the time of the event, and not on the basis of extraneous factors” (Thomson, 1996, p12).
8
Q
What is ecological validity?
A
Ecological validity refers to the extent to which the findings of research are able to be generalisable to real-life settings.
9
Q
What is attributional bias
A
Recall may be influenced by our schemas - lead to stereotypes
10
Q
What are schemas
A
Cognitive systems that help organise and make sense of info
11
Q
Stereotypes
A
generalisations about members of social groups
12
Q
Allport & Postman (1947)
A
Black vs white man (holding razor -white)
Descriptions of drawings passed around
RESULTS: The final description of the drawing had changed so that the black man was described as holding the razor in more than 50% of instances.
13
Q
3 stages of Human memory model
A
- Encoding (attending to information).
- Storage (time between observation & recall). ◦
- Retrieval (recalling stored information).
14
Q
2 types of eyewitness research
A
◦ Estimator variables.
◦ System variables.
15
Q
Estimator variables
A
occur at the time of encoding and storing information and influence what is actually encoded and/or stored.
16
Q
2 categories of estimator for ENCODING
A
Event factors (lighting conditons, violence levels) Witness factors (stress,age)
17
Q
2 categories of estimator for STORAGE
A
Delay and Interference (increases over time, more = increase forgetting)
18
Q
System variables
A
Influence retrieval ability (eg. line up, methods of questioning)
19
Q
Laughery, Alexander & Lane (1971)
A
- Recognition of human faces based on exposure time
- short duration: 4 slides-2.5secs
long: 10 secs
Longer event observed = more accurate identification
20
Q
Witness factors
A
Characteristics of witness = reliability
Alcohol + drugs
21
Q
Loftus (1979) on Expectations
A
Expectations are biases that influence how we perceive environmental information
22
Q
4 types of expectations (Loftus, 1979) - MECP
A
◦ Momentary expectations.
◦ Cultural expectations.
◦ Expectations from past experience.
◦ Personal prejudices.
23
Q
Perceptual expertise theory
A
Increased exposure to people from our own race means we become good at processing facial features from our own race.
Process own race = configural manner (2 features at time)
other races = feature based (one feature at time)
24
Q
Social cognitive theory
A
People process and encode OTHER race, category-specific and collectively, compared to OWN race identity-specific and individually
Think everyone from diff race look alike, own race = look same
25
Yerkes - Dodson Law (1908)
There is an optimal level of stress where performance is at its best - any stress above or below this point will interfere with performance”
26
What level of stress is best
Moderate levels
27
Christianson & Loftus (1978) - memory
Traumatic condition better to recall central details (type of incident) and less able to recall peripheral details
taxi example - hit vs. not hit child
28
Emotional arousal (Loftus & Burns, 1982)
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Bank robbery (violent vs.non-violent)
Witnesses of the non-violent simulation were more likely to recall the ‘critical item’ than witnesses of the violent simulation.
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29
Post event info studies - Ceci, ross & toglia (1987) -
misleading info on children asking kids about who Loren who had a headache OR was just sick (unbiased)
30
Co-witness discussion
Paterson & Kemp (2006)
In survey research in Australia, Patterson and Kemp (2006) showed 86% of witnesses discussed the crime they observed, only to ensure they could provide information.
Skagerberg & Wright (2008)
In equivalent research, Skagerberg and Wright (2008) showed, 58% of witnesses discussed the crime and the most common topics discussed were crime and perpetrator details.
31
Paterson & Kemp - advice to police
to seperate witnesses to avoid co-witness discussion
32
LOFTUS AND PALMER (1974) - Language use
Car example (smashed, hit bump etc.) Loftus & Palmer (1974)
33
Most effective method of implanting implausible memories?
Fake photos
34
What factors influence susceptibility to post-event info
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Cognitive factors
- paid attention
-expectations
social factors
- credibility of source
- power and social attractiveness of source
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35
What cognitive mechanisms cause memory impairment from post-event info
Memory co-existence hypothesis : Suggests people have 2 memories in the memory system (1 for the original event and 1 for post event information). As post event information is stored last, it is more likely to be retrieved first.
Memory over-riding hypothesis : Suggests that post event information completely over-rides the original memory, thereby creating a completely new memory.
36
What is source misattribution theory
- Failure to attribute retrieved information to the correct source
- Can result in confusion differentiating between the details of different events
- Big issue with children where there are multiple instances of an offence.
37
Factors that may result in suggestive or unfair identification parades
- Expectation
- Lineup bias (clothing, instruction bias, presentation, investigator etc.)
-
38
What did Malpass & Devine (1981) study?
Assessing the degree to which biased instructions cause misidentifications.
39
What is a blank lineup?
A blank line up is an initial lineup that does not contain the person of interest
The purpose is to screen out witnesses who are most susceptible to making relative judgements-
40
Sequential lineups?
Person conducting the lineup does not know which member is the person of interest
- Members of the lineup are presented individually and once only
- purpose: unable to compare the different members of the lineup to one another. Forced to compare each member of the lineup to their memory of the perpetrator.
41
Context reinstatement
Research shows that when context is altered, individuals are less able to accurately recall stored information.
Based on the encoding specificity principle developed by Tulving and Thomson (1986).
42
Lindsay & Bellinger (1999) - sequential lineups
Sequential lineups are very sensitive to any changes in process,
43
Steblay et al (2001) and line ups
Concluded that sequential lineups are superior to simultaneous lineups.
Simultaneous lineups increase the number of accurate identifications when the perpetrator is present.
44
Two stages of pre-trial confrontation
Investigatory stage
| Evidentiary stage
45
Explain the Police and Criminal Evidence (PACE) Act (1984)
Search for the truth
| Approach investigations with open mind
46
What does PEACE stand for (Interviewing)
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Preparation and planning
Engage and explain
Account
Closure
Evaluation
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47
Explain cognitive interview
A set of techniques used to increase the amount of accurate information obtained from a witness.
48
Current research on efficacy of cognitive interview
increases amount of correct, incorrect and confabulated info gathered
49
Koenken (1999) find relating to cognitive interviews
◦ 41% more correct details than the standard interview.
| ◦ 25% more incorrect details than the standard interview.
50
How many tiers in interview training
Five
51
Interviewing in Australia: What were the Impetus in England and wales & then in Australia
England: Number of widely publicised miscarriages of justice
Australia: Awareness of international improvements
52
When were principles of investigative interviewing introduced in WA
2009
53
Process of interrogation
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Question & answer
2 objectives:
- obtaining relevant and accurate info
- gaining a confession
These two objectives can work against each other
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54
What is confession
Person admits guilt for an offence
55
False confession
Occurs when an innocent person admits guilt for an offence that he or she did not commit
56
3 psychologically distinct types of false confessions (VCC)
◦ Voluntary false confessions.
◦ Coerced-compliant false confessions.
◦ Coerced-internalised false confessions.
57
Voluntary false confession
Provided by a person without any external pressure by the police
58
Coerced-Compliant False confessions
Police want to build case - pressure on suspect
59
Coerced-Internalised False Confession
occur because a suspect complies with a persuasive authority figure - suspect question their memory
60
Other pressures for a false confession
Interviewers expectations
61
two aims of interrogation
Obtain a confession
| gather evidence
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Contextual factors influencing outcome of interrogation
Anxiety experienced
Environment
emotional state of suspect
presumption of guilt
63
Two models of interrogation techniques
Step model of effective interrogation. ◦ Conversation management.
64
What did Inbau, Reid and Buckley (1986) do for interrogation
Provided most influential work
| 9 steps to effective interrogation
65
What is maximisation (interrogation)
- non-emotional suspects
- “frightening the suspect into a confession by exaggerating the strength of evidence...and the seriousness of the offence”
66
Minimisation (interrogation)
- Emotional suspects
| - “suspect into a confession by offering sympathy, and minimising the seriousness of charges”
67
How to prevent false confessions
- pressure and trickery
- record interviews
- solicitors
68
What is conversation management
Developed by Eric Shepard (1983)
69
Children as vulnerable witnesses
Children under 12 can give sworn evidence - must be competent
Evidence Act section 106A
70
Children - unsworn evidence
Child under 12 and mentally impairment can give evidence without oath
71
Piagets theory of cognitive development
Sensorimotor: Birth -2
Pre-operational: 2-7
Concrete operational: 7-11
Formal operational: 12- adulthood
72
Kohlbergs moral development
Level 1 - Pre-conventional morality
- Stage 1 – Avoidance of punishment
◦ Stage 2 – Self interest and concern with others needs.
Level 2 – Conventional Morality
◦ Stage 3 – Desire for approval from others.
◦ Stage 4 – Concern for law and order.
Level 3 – Post-Conventional Morality
◦ Stage 5 – Concern for the larger community.
◦ Stage 6 – Personal conscience and ethical principles.
73
Cognitive development and children/ justice system
Experience is vital
Cognitive devel. stages parallel with moral
It is not until the formal operational stage that hypothetical and abstract reasoning skills develop.
74
Language development - language errors in children
- Not knowing a word.
◦ Confusing an unfamiliar legal term with a more familiar non-legal term (called an auditory discrimination error). For examples, confusing jury with jewelry.
◦ Providing an incorrect definition of the word in a non-legal context.
75
Linguistic development and age
3-5: only understand one or two syllables
6-9: expressive verbal skills still underdeveloped
10-12: still lack descriptive adjectives
Linguistic skills develops with age
76
Complexity of Language and Children
Until 10 -> children dont understand legal terms
77
Ericson and Perlman (2001) and comprehensionn
Ericson and Perlman (2001) investigated the comprehension of 34 legal terms --> adults with mild developmental disabilities.
findings: Did not understand legal terms
78
Saywitz, Saywitz, Jaenicke and Caparo (1990)
compared the ability of 5, 8 and 11 year olds to accurately define a list of 35 legal terms.
Younger = less recollection of accurate words
79
Misleading questions
distort memories of an event: leading questions etc.
80
Suggestibility - Ceci and Bruck (1993)
“the degree to which an individuals encoding, storage, retrieval, and reporting of events, can be influenced by a range of social and psychological factors.”
81
Ceci, Ross and Toglia (1987) suggestbility study
Found children presented with unbiased info = accuracy of recall higher
Pre-school children only impacted by biased condition
82
5 universal findings from suggestibility and children research
◦ Misleading questions can distort a child’s memory for the event.
◦ The complexity of language used in the interview may influence the reliability of
information obtained.
◦ Children often comply with the wishes of authority figures.
◦ Children’s semantic knowledge is different to an adults which might lead to different inferences being drawn from a witnessed event.
◦ Children are sometimes unable to distinguish fact from fantasy.
83
Compliance to authority
Children often comply to wishes of authority figures
| repetitive questions for example - kids assume need to change answer
84
Difference in semantic knowledge
Children don’t have as much factual (semantic) knowledge as adults because they haven’t had the opportunity to experience or be exposed to as many different things in life.
85
Fact + fantasy
children are sometimes unable to distinguish fact from fantasy - Harris, Brown, Marriott, Whittal and Harmer (1991). Kids believed imaginary character could become real
86
What is deception
Tredoux (2019) defines “deception as the deliberate act of conveying false information.”
87
Type of lies
Falsification
Distortions
Exaggerations
Concealed
88
Theoretical approach to research on lies - Leakage hypothesis
◦ When you try to deceive someone, the deception leaks into physiological and behavioural changes
89
Theoretical approach to research on lies - Reality monitoring
If memories are based on real experiences they will contain more “contextual, sensory, and semantic information; conversely, untruthful accounts are similar to imagined experiences, being marked more strongly by inner cognitive states.”
Ie. lies have more internal than external detail
90
What are beliefs and methods
typically guide behaviour
1. surveys
2. controlled lab based studies
91
What can conclude from collective body of research on lying?
The collective body of research indicates that experts and lay people use very similar cues when determining if someone is lying or not.
92
Lie detection methods
Analysing speech
Measuring physiological responses
observing behaviour
93
What is statement validity analysis
1. Semi Structured Interview is conducted.
2. Criteria Based Content Analysis.
3. Validity analysis.
94
Example of physiological measure for lying
Polygraph (heart rate, blood pressure, breathing, galvanic skin response - sweating)
Many different types of polygraph tests exist : ◦ Comparison Question Test (CQT)
◦ Guilt Knowledge Test (GKT).
95
Comparison Question Test (CQT)
compares responses to relevant questions with responses to control questions.
96
Guilt Knowledge Test (GKT).
determines if a suspect has knowledge about an aspect of a crime that he/she does not want to disclose
97
Cues (verbal vs. non-verbal for detecting lying)
For non-verbal cues:
◦ Liars tend to speak with a higher pitched voice.
For verbal cues:
◦ Liars stories sound less plausible.
◦ Stories include less detail (visual, auditory, spatial)
98
Where things could have gone wrong with Scott Austic case (wrongful conviction)
Policing:
Tunnel vision (what does the research say about this) Confirmatory bias
5KIs (what KI was missed- robust analysis of forensic materials) Misconduct?
Jury:
Understanding of expert testimony about forensic evidence i.e., Pathologist
99
What do the WA police operate under for questioning and detaining suspects
the Criminal Investigation Act
100
key elements of the due process?
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Notice
Publicity - 'public matters'
Standards of proof
Evidence and rules guiding evidence
Impartiality
Trial by jury
Avenues for appeal
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101
Where are trials held
- The lowest level of court is the Magistrates Court.
- The next level of court in Australia is the District Court.
- The Supreme Court is the next level of Court in Australia.
102
Court vs. civil trials
Court: The burden of proof is placed on the prosecution and the standard of proof is
“beyond reasonable doubt.”
Civil: the burden of proof rests with the plaintiff, and the standard of proof is on “the balance of probabilities”
103
How many people in a jury
12
104
Challenging jurors
Both prosecution and defence can challenge any juror if the juror is not eligible.
A juror will be challenged because the defence and the prosecution counsel wish to manipulate the composition of a jury.
105
Hastie et al. (1983)- Examined differences in unanimous versus majority juries.
◦ Unanimous juries are more likely to hang
◦ Unanimous juries take longer to examine the evidence
◦ Juror satisfaction is higher in unanimous juries
◦ Jurors with minority views are more likely to be heard in unanimous juries
106
Methods of jury research
Case studies
Ecological validity YES
Internal Validity- NO
Mock jury studies
Ecological validity NO
Internal YES
Shadow jury studies
Ecological validity - YES, Internal - NO
Post-deliberation studies
Ecological validity - YES
Internal - NO
107
What are legal variables
Aspects associated with the case
◦ Matters related to jury functioning such as size, judicial instructions, decision
rules
◦ Case type, strength of evidence
◦ All aspects of juror interaction during deliberation
108
What are extra-legal variables
Aspects not relevant to the case that should have no probative value
◦ Individual difference variables in relation to all parties to proceedings such as gender, age, personality traits.
109
Legal decisions: Judicial instructions
Degree to which jurors understand the instructions given by the judge.
110
What is inadmissible evidence
Inadmissible evidence is information not formally admitted into evidence
- Judges may rule evidence inadmissible if they believe the jury wont be able to evaluate it appropriately or will likely to become confused by it.
111
What is the indictment
The document containing the written charges against the accused
112
What is the joinder of charges and offenders
- This means 2 or more people are charged with committing separate indictable offences in that same indictment.
- These people are tried together.
113
3 sources of prejudice in a joined trial recognised by the courts
◦ Confusing evidence amongst charges.
◦ Accumulation of evidence across charges.
◦ Inferences that are subsequently drawn about the accused's character.
114
Joinder of charges and offenders: Confusion
Facts relating to one charge were used to substantiate another charge. Jurors confuse evidence among charges and accused persons.
115
Joinder of charges and offenders: Accumulation
◦ The accused is more likely to be convicted of all charges. ◦ All accused persons are more likely to be convicted.
◦ The prosecution evidence is perceived to be stronger.
116
Joinder of charges and offenders: Character
The accused is less favourable
117
What is pretrial publicity
Pretrial publicity is a particular type of inadmissible evidence (E.g., Television, newspapers, the Internet and social media
- exposure to this increases guilty verdicts (Steblay, 1999)
118
Findings on pretrial publicity on actual juror research
Jurors remember the information, but cannot remember where it came from.
119
Strength of evidence
Encompasses the quantity and quality of information presented for the prosecution and defence.
Mock jury studies involve systematic manipulation of factors. Field studies involve observation of naturally occurring factors.
120
What is expert testimony?
Expert testimony is often delivered concerning a particular scientific, technical or specialised area. It is provided by an individual on the basis of training, experience and knowledge.
121
3 outcomes of impact of expert testimony
- Juror sensitivity to witnessing and identification conditions
– Juror confusion
– Juror scepticism
122
What did Cutler, Penrod and Dexter find? (expert testimony)
"The results provide justification for expert testimony in eyewitness cases. Without such testimony, jurors appear unknowledgeable of eyewitness problems.
Furthermore, there is no evidence to suggest a skepticism effect"
- provided for sensitivity effect
123
Defendant characteristics
Socioeconomic factors
| Attractiveness
124
What are stereotypes
“sets of beliefs and expectations about certain members of a group, held
simply on the basis of their membership in the group”
125
Pennington & Hasties (1986) model of decision making
Story model describes three stages of decision making:
◦ Story construction,
◦ Verdict representation and
◦ Story classification.
126
What is story construction
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jurors actively make sense of trial information and shape it into a coherent account.
Most acceptable is picked based on
◦ Coverage
◦ Coherence
◦ Completeness
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127
What is verdict representation
This stage occurs when jurors are presented with alternative verdict decisions.
These are derived from judges instructions on law, but can be influenced by prior knowledge.
128
What is story classification
jurors consider judges procedural instructions (e.g., presumption of innocence, requirement for proof)
Then they seek the best match between the accepted story and alternative verdict decisions.
129
Pre-decisional distortion (Carlson and russo 2001)
Jurors hold a single dominant story that best accounts for trial information.
130
Source monitoring errors
Source monitoring refers to the decision processes associated with determining the origins of information.
131
Types of source monitoring errors
External. Errors in the attribution of externally retrieved sources
Internal. Errors in the attribution of internally retrieved sources
Internal-external, external-internal. Errors in the attribution of internal retrieved sources to externally retrieved sources or vice versa
In context - Jurors mistakenly identifying information that has not been formally admitted into evidence as being derived from the trial.
132
Three stages of deliberation (OOR)
1. Orientation. Jurors discuss procedures and raise general trial issues
2. Open conflict. Jurors attempt to persuade their fellow jurors to reach a verdict
3. Reconciliation. Juries attempt to ensure that each juror is satisfied with the verdict
133
Evidence versus Verdict driven juries
* Evidence driven juries are more vigorous in their examination of the evidence.
* Verdict driven juries reach decisions faster, rate their task as less serious and feel less satisfied with their contribution.
134
Two roles of judiciary in CJS
When an accused person nominates to have their trial heard by a judge alone - the judge will be required to determine guilt or innocence.
- Responsible for sentencing
135
Retribution
Fundamental principle that offenders must be punished
136
Deterrence
Punishment should deter people from committing crime.
Specific deterrence. Reduction in the likelihood of people reoffending
General deterrence. Reduction in the likelihood of people offending in the first instance
137
Confinement
Punishment should take offenders out of circulation
138
Rehabilitation
Offered as a separate justification for the punishment of offenders
Effective treatment is required to reduce the likelihood of people reoffending
139
Restorative justice
Offered as an alternative to the ‘punishment’ of offenders
| Aims to restore relations between the offender, the victim and the community
140
Sentencing principles: Proportionality
Matching sentencing to crime
141
Sentencing principles: Parsimony
Imposition of the minimum appropriate sentence
142
Sentencing principles: Totality
Imposition of an appropriate overall sentence
143
Sentencing principles: Consistency
Similar treatment of similar cases
144
Sentencing principles: Individualised justice
Consideration of all relevant matters
