psychology & the law Flashcards

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1
Q

three stages in the jury selection process

A

stage 1 : master list of eligible citizens is compiles
stage 2: certain number of people are randomly drawn from the list and summoned for duty
stage 3: pretrial interview of voir dire of potential jurors to uncover signs of bias.

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2
Q

question period that tries to detct bias

A

voir dire

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3
Q

if person knows the party in a trial, has formed an opinion or has vested interest in the trial are ??

A

excluded for cause.

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4
Q

what are pre-emptory challenges

A

defense and prosecution can exclude jurors without reason

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5
Q

TRUE or FALSE: contrary to popular opinion women are harsher as criminal trial juror than men

A

FALSE

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6
Q

trial lawyers as intuitive psychologists

  • rely on?
  • predict?
A
  • rely on implicit theories and stereotypes

- some claim lawyer can predict person’s verdict by race, gender, ethnic background, and other demographics

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7
Q

problems with pre-emptory challenge

A
  • take out a group = no longer representative of community
  • can lead to discrimination
  • research does not support folk wisdom that juror’s verdict can be predicted on basis of demographics
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8
Q

scientific jury selection

- harrisberg 7

A

method of selecting juries through surveys that yield correlations between demographics and trial-relevant attitudes (correlate to come up with profile ideal for defense juror)

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9
Q

when is scientific jury selection used most often?

A

in high-profile criminal trials, civil trials in which lrge sums of money are at stake
– OJ simpson trial

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10
Q

determine statistical relatinoships between what? how?

A
  • between general demographic factors and attitudes relevant to partiuclar case.
    use data from focus groups, mock juries, surveys
  • lawyers exclude those whose profiles assoc with favourable attitudes
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11
Q

does scientific jury work?

A

shown to relate to a win, but hard to make a clear casual attribution.

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12
Q

is scientific jury selection ethical?

A

is the goal for lawyers to eliminate bias or slant the jury in their favour?
- critics say: jury tips justice in favour of wealthy clients. Widens SES gap that’s already present in jury system

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13
Q

TRUE or FALSE: without being beaten or threatened, innocent people someitmes confess to crimes they did not commit

A

TRUE

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14
Q

9 steps to interrogation - start with what?

A

physical environment that leads to social isolation, uncomfortable experience.

  1. confront
  2. themes that appear to justify/excuse crime
  3. interrupt statements of innocence/denial
  4. overcome all objections 5. keep increasingly passive suspect from tuning out
  5. show sympathy, urge to tell
  6. offer face-saving explanation
  7. recount details
  8. convert statement into full written confession
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15
Q

2 approaches to police interrogations

A

pressure the suspect into submission by expressing certainty of their guilt = false evidence
– befriend the suspect. blame victim, false sense of security.

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16
Q

2 risks of false confessions

2 factors increase false confessions

A
  1. may confess merely to escape bad situation (innocent - confession as compliance)
  2. internalization can lead innocent suspects to believe they might be guilty of a crims (vivid recounts, believed they actually did it)
    a. lack of clear memory of the event in question
    b. presentation of false evidence.
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17
Q

risk of false confession study 1

A

pair of college students working with either slow or fast paced game. computer crashed, some told its broken, others told it’s because they hit a button they were told not to.

  • all innocent, initially denied charge.
  • when confederates in same room said they saw them hit the key (false witness), more ppl complied. more internalized when did task fast.
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18
Q

risk of false confession study 2

A

confess to cheating, confederates ask participants to help solve problem. even if innocent, interrogating them makes them cooperate.
minimization > promise. both > either alone.

19
Q

3 interrogation styles

A

promise = leniency for cooperation
minimization = minimize effect for others = more effective than promise.
both = increase true and false confessions.
- all work in innocent conditions

20
Q

confessions and the jury - attributional dilemma

A

jury powerfully influenced by evidence of a confession even if it was coerced.

21
Q

fundamental attribution error revisited

A

jurors are supposed to reject all confessions made in response to coercion. but FAE says that people tend to overattribute to person rather than situation.
- jurors still view as guilty even though confession is invalid

22
Q

FAE and jury study

A

control - 19% voted guilty
in low-pressure coercion: 62% voted guilty.
in high pressure coercion: 50% voted guilty = confessed out of fear, pain - didn’t actually influence to confess truth, but conviction rate increased.

23
Q

attributional dilemma: how confession evidence is presented

A

accuracy for determining whether confession is true or false is low.
- inmate taped confessing to offense they did commit and one they did not commit.
= no one really that good at detecting deception
– variations in camera perspectives significantly influence the perception that confession is coerced.
== confessor ange (less coercive, underestimate pressure), both angle (most coercive)

24
Q

TRUE or FALSE: eyewitnesses find it relatively difficult to recognize members of a race other than their own

A

TRUE

25
Q

eye witness testimony 3 conclusions

A
  1. are imperfect
  2. certain personal situational factors systematically influence eyewitness performance
  3. judges, juries, lawyers not well informed about these factors
26
Q

3 stage process of memory

A
    • acquisition
  • storage
  • retrieval
27
Q

stage process of memory - acquisition

A
witness's perceptions at the time of the event question. 
factors influencing acquisition
-- one's emotional state
-- weapon-focus effect
-- cross-race identification bias:
28
Q

emotional state and acquisition of memory

A

high arousal narrows field of attention, impair witness’s memory for less central details.

29
Q

witnesses are less able to indentify the culprit in the presence of a weapon

A

weapon-focus effect.

– aroused by sight of arousing stimulus. attention drawn from face/perpetrator

30
Q

people fin it difficult to recognize members of a race other than their own

A

cross-race identification bias

31
Q

stage process of memory - storage

A

refers to getting the information into memory to avoid forgetting.

  • memory for faces and events tends to decline over time.
  • memory can be influences: reconstructive memory.
    • based on loaded questions, misinformation effect
32
Q

based on experience and post-event info can be incorporated into own memory and change the purity

A

reconstructive memory

33
Q

storage - study

A

biasing eye witness reports with loaded questions.
- verb change.
- later asked to recall: 32% f ppl who had “smash” said there was glass on the ground from car crash.
2 sources:
- actual event
- post event.

34
Q

tendency for false post-event information to become integrated into people’s memory of an event

A

misinformation effect

- eyewitness compromised when told person they ID-ed was the suspect.

35
Q

interrogating children

A
  • kids came up will silly stories. when prompted, said what they thought adult wanted them to say.
  • upon repeating question, changed their answers multiple times.
36
Q

memory storage: retrieval

A
  • refers to pulling the information out of storage when needed.
  • more time retrieving and storing when questioned, view line ups, talk to investigator = increased error
37
Q

factors affecting identification performance

A
  • line-up construction
  • line-up instructions to witness
  • format of line up
  • familiarity-induced biases
38
Q
  • ID performance: line up construction
A

if 4-8 innocent in a line, the person who stands out most (feature, outfit) more likely to be picked

39
Q

ID performance: line up instructions

A

receive instruction that person IS in line up or MAYBE is in lineup.
- saying IS = more likely to choose when uncertain, increased mistaken ID

40
Q

ID performance: format of lineup

A

live ppl = more compelled to make a choice.
best is photos presented one at a time
sequential better than simultaneous

41
Q

ID performance: familiarity-induced biases

A

able to remember face but not circumstances in which saw face. ID innocent face that were present in situation. like to choose innocent = perpatrator

42
Q

TRUE or FALSE: the more confident an eyewitness is about ID the more accurate it is likely to be

A

FALSE

43
Q

courtroom testimony of eyewitness

A

persuasive, not easy to devalue.

  • why overestimate accuracy? couldnt distinguish btw correct and incorrect eyewitness.
    • lack knowledge about human memory
    • base judgements largely on witness’s confidence
44
Q

biasing effects of post-ID feedback

A

when questioned about event, more confident =/= more correct.
when told person ID-ed perpetrator - memory altered. more likely to testify