Psychology and the Legal System Flashcards
Shock makes you remember vivid details, true or false?
False. High levels of emotional arousal makes it hard for your brain to remember all/accurate details.
____________ is when someone messes up details and talks with others that also don’t have accurate details.
Co-witness
If a weapon is used in a crime, people focus on the weapon. this is called the ___________________.
Weapon focus effect
______________ is when we have an idea in our head of what an offender of a crime would stereotypically look like and we base our knowledge on that, causing details of a crime to become skewed based on what we were expecting.
Knowledge basis
______________ can cause witnesses’ details of a crime to be skewed e.g. dark outside, tinted bus window, etc.
Obscured vision
What does NCR stands for?
Not criminally responsible
Psychology as a science is focused on approximating _____________.
The truth
The legal system is focused on approximating ______________.
Justice
Psychology is rooted in ________________.
Empiricism
Legal systems are rooted in ____________ and ___________.
Intuition and gut
Psychologists are more focused on ______________ e.g. the chance the offender with re-offend.
Probabilities
Recidivism means ______________.
Re-offend
The legal system exclusively deals in ______________ e.g. to defendant is either guilty or not guilty.
Absolutes
Psychologists try/tend to be ________________ e.g. they let the facts guide them.
Objective
Legal systems are interested in _________________ e.g. two sides battling it out two decide a winner.
Adversaries
Psychology as a science is focused on the ______________ e.g. finding new evidence and ideas.
Future
Legal systems are focused on the _______________ e.g. decisions we make today are based on things we decided years ago.
Past
__________________ means “let the decision stand”
Stare decisis
Legal systems make their decisions based on _______________.
Stare decisis
_________________ typically help and treat patients.
Clinical psychologists
_________________ collect data and perform research.
Experimental psychologists
________________ asses offenders of suspects and provide treatment programs for offenders.
Clinical forensic psychologists
___________________ do research that relates to the legal system.
Experimental forensic psychologists
_____________________ have a PhD in psychology and a law degree.
Legal scholars
______________ figure out what kind of juror is best for a case
Trial consultant
___________________ a person who works to change and improve society, government, etc.
Reformers
Showing offender photos one at a time instead of all at once reduces the chance of false identification by ____________
2/3
_____________ take it upon themself (by choice) to inform the court with information that they think might help the court with reaching a fair or just decision e.g. Amanda Knox.
Writer of amicus curaie brief
__________________ is hired by the defence or the prosecution to offer their OPINION on evidence.
Expert witness
Expert witness approaches include ___________________________.
Conduit-educator, advocate, and hired guns.
The Daubert criteria includes __________________.
Peer review, general acceptance, falsifiability, and error rate.
__________________ is when the research presented in court has to be what most experts would agree on.
General acceptance
___________________ is when the research presented in court has to be peer-reviewed.
Peer review
The Mohan criteria includes ___________________________.
Qualification of the expert, necessity, relevance, and absence of any exclusionary rule.
_________________________ means the information the expert is presenting goes against common knowledge.
Necessity
_________________ means that the expert’s testimony makes a fact at issue more or less likely e.g. the evidence the witness presents has to go with evidence in the case.
Relevance
______________________ means the expert witness has to follow the normal witness rules e.g. they can’t claim that another witness is lying.
Absence of any exclusionary rule
____________________ means they decide what happens in their court room.
Judges as gate keepers
Judges only accept _________% of high quality or low quality science.
17%
Common law is also referred to as an _______________ approach to law.
Adversarial
_______________ laws is when a judge made law (a judge makes a decision based on the evidence in a case and the existing laws we have).
Adversarial
Civil law is also referred to as an _______________ approach to law.
Inquisitorial
________________ exists to define rights and duties. (e.g. you have a duty not to steal stuff, pay taxes, etc.).
Substantive Law
_____________________ exists to enforce the laws and duties in substantive law.
Procedural law
_________________ is the defining of rights and duties between the state and citizens (e.g. you pay taxes and then the state has to provide you with police services).
Public law
_______________ is defining the rights and duties between individual citizens (e.g. and landlord and a tenant).
Private law
________________ is a legal procedure of you against the state (e.g. r. v. Lastname).
Criminal procedures
__________________ is a legal procedure of you against someone else (e.g. Smith vs Jones).
Civil procedure
________________ (hitting, slapping, shoving, etc) is most violated violent crimes in Canada.
Assault level 1
___________________ is the second most violated violent crime in Canada.
Uttering threats
Legislatures _________________ statutes (laws).
Create
Judges ________________ statutes (laws).
Interpret
Statutes are ____________.
Laws
the Charter of Rights and Freedoms ___________ our rights as Canadians.
Define
The ____________________ is responsible for arguing to the judge that the defendant is guilty.
Crown prosecutor
__________ is the idea that you should only be prosecuted for a crime if it was committed at your own free will.
Mens rea
_______________ is the actual physical act committed.
Actus Reus
The first principle/advantage of ________________ is that the judge should consider decisions at a similar level of court when making a decision.
Stare decisis
The second principle/advantage of _____________ is that the judge must follow decisions of higher courts.
Stare decisis
The Supreme Court of Canada is ______________.
Federal
The Court of Appeal (first), the Superior Court (second), and the Ontario Court of Justice (third) are ______________.
Provincial
________________ is the idea that you shouldn’t be held criminally responsible for behaviours beyond your control (e.g. sleepwalking).
Automatism
When ___________ courts make a decision, ___________ courts have to follow it.
Higher, lower
________ is to make sure someone will show up on their court date.
Bail
______________ have lenient penalties (not as serious crimes).
Summary convictions
_________________ have more serious penalties (a serious crime).
Indictment
The job of the ______________ is to find someone guilty or not guilty.
Judge
The purpose of the ______________ is to collect information, criminal record,
and psychiatric assessment.
Sentencing
___________________ is a field of psychology that deals with all aspects of human behaviour as it relates to the law or legal system.
Forensic psychology
___________________________ refers to a process whereby people confused actual memories of events with the events described by the media.
Retroactive memory falsification
