Semester 1 Flashcards
Forensic psychology
Forensic psychologists apply psychological knowledge, theory and skills to the understanding and functioning of legal and criminal justice systems
5 principles of the Classical School of Thought
Rationalism Hedonism Punishment Human Rights Due Process
Rationalism
Human beings are fundamentally rational, and most human behaviour is the result of free will coupled with rational choice
Hedonism
Pain and pleasure are the two central determinants of human behaviour
Punishment
A necessary evil, is sometimes required to stop law violators and to serve as an example to others who would also violate the law
Human Rights
Root principles of right and wrong are inherent in the nature of things, and cannot be denied
Due Process
People accused of a crime are considered innocent until proven guilty, and they have the chance to go to trial and face the judicial system
What is the basic underlying principle of the Peelian principles of policing? Describe briefly what impact the Peelian principles had on modern police forces
The key principle is that the power of the police comes from common consent as opposed to the power of the state. The police force has changed from being known as ‘forces’ and now serve as more a service industry to the public
What is police bias and how might it develop? Outline one way in which we might overcome police bias in the community
Officers are at risk of developing negative stereotypes of groups of people with whom they interact with during police work. For example, African Americans are approximately four times more likely than white people to be killed in encounters with the police in the united states. More foot patrols by officers who stay in the same neighbourhood is a way to overcome police bias.
What are some of the main features of the FBI-style of criminal profiling which bring into question its validity?
A willingness to encompass experience and intuition as a component of profiling
A relatively weak empirical database
A concentration on the more serious, bizarre, and extreme crimes
Extensive contact with the investigating team of police officers at all levels
Behavioural Evidence Analysis (BEA)
A form of criminal profiling, BEA is primarily a deductive approach and consists of the testing of physical evidence
Stages of BEA
Equivocal forensic analysis - analysing physical evidence
Victimology - examines all aspects of the victim
Crime scene characteristics - profiler determines factors of crime scene
Offender characteristics (criminal profile)
Describe four key differences between organised and disorganised serial killers
Organised: Psychopathic Plan crime ahead Charming, intelligent Cleans up crime scene
Disorganised: Psychotic Does not plan crime Socially incompetent Doesn't clean up crime scene
Voluntary
Personally motivated in the absence of external pressures
eg. Desire to cleanse guilty feelings
Coerced - compliant
Occurs in response to instances where the suspect reacts to the demands and pressures
Coerced - internalised
Occurs when suspects believe that they have actually committed the crime
eg. This can be due to amnesia, drugs or alcohol
What are the six major tactics which police use when interrogating suspects of serious crimes?
Appeals Intimidation Manipulation Leading questions Robust challenge (direct challenges that the suspect is lying) Soft challenge (soft, friendlier tone)
What is the cognitive load theory of lying and how can we use this to catch liars?
It is cognitively more demanding to invent a lie than to merely report the truth. We can determine lying with slower response times and a decrease in movements
The Hare Psychopathy Checklist lists 20 personality traits which are characteristic of psychopaths. These traits are grouped under four factors. List each of the four factors and give an example of a trait which falls under each
Interpersonal characteristics - Grandiose view of self-worth
Affective characteristics - Lack of empathy
Lifestyle characteristics - Irresponsibility
Antisocial characteristics - Delinquency as a juvenile
What are the three types of Hedonistic killers. List and briefly describe each of these
Lust - The primary motive is exclusively sex, even if the victim is already dead.
Thrill - Primarily motivated to induce pain or a terrified reaction from the victim.
Comfort (Gain) - The motive is to acquire activities or objects that provide a comfortable and luxurious lifestyle.
three key issues that affect the investigation of the link between mental illness and crime.
- Definitions of mental illness - Mental illnesses are largely defined in terms of a number of diagnostic categories. If one of these diagnostic features is violence, then there will be an association between mental disorder and violent crime.
- The confounding effects of medication - Psychiatric drugs are often prescribed to the mentally ill to control the symptoms of their illness. These drugs may have side effects leading to violent behaviour
- Misclassification of the mentally ill and violent - The use of hospital and crime records to classify people as mentally ill and violent may depend on a flawed classification system. For example, the general public may be more likely to report violence or threats of violence by people who show signs of mental illness.
Name two factors which can affect the accuracy of eyewitness testimony. Describe how these factors affect accuracy (in your answer, identify whether the factor is affecting encoding, storage or retrieval).
Post-event information can affect the process of storage (known as the misinformation effect) -
When someone presents misleading information, it can affect your memory of the event
Arousal levels can affect the encoding of information -
When tired, we are less able to code information
When excessively stressed, we are less able to code information
List and briefly describe the five steps in the Cognitive Interview.
- Introduction: Building rapport with interviewee
- Open-ended narration: Recreation of the context of the crime - Ask witness to recall event
- Probing: Obtain open-ended narrative account of witnessed events
- Review evidence
- Closing the interview
Identify the main expert witness arguments used by the defence, and the main arguments used by the prosecution, in the case of Jeffrey Dahmer. What was the verdict?
Defence: argued he suffered from necrophilia and was psychotic
Prosecution: Dahmer’s capacity to exert methodical control was an indicator of his sanity and premeditation.
Describe the three factors which need to be taken into consideration when a judge orders for forcible administration of psychotropic medication.
Is the treatment medically appropriate?
Is the treatment unlikely to have negative side effects?
Is the treatment necessary to further government trial-related interests?
List and briefly describe the five Australian rules of expert evidence testimony.
The Expertise Rule The Field of Expertise Rule The Common Knowledge Rule The Basis Rule The Ultimate Issue Rule
The Expertise Rule
Must be an expert in their field (not necessarily the leading authority)
The Field of Expertise Rule
Experts cannot testify on areas that are not part of their formal sphere of knowledge or profession
The Common Knowledge Rule
Experts may not give evidence about matters of common knowledge
The Basis Rule
The bases of expert opinion must be provided by admissible evidence
The Ultimate Issue Rule
Experts may not give evidence on the ultimate issue (ie. whether the accused is innocent or guilty)
List and briefly describe three factors which can impact the perceived credibility of expert witness testimony.
Confidence - Expert witness confidence has a significant effect on ratings of credibility
Gender - Male experts are perceived as more persuasive than female experts
“Hired Gun” effect - Experts who are highly paid for their testimony and testify frequently are perceived as “hired guns”, and they are neither liked nor believed
Name two extra-legal factors that affect jury decision making and explain how they influence decisions made by juries.
Attractiveness - Studies have demonstrated that attractive defendants are perceived of as more positive than unattractive defendants.
Race - Black defendants are typically perceived of as being more guilty.
Define two cognitive biases and describe how they might impact the decision making process of a jury.
The Fundamental Attribution Error - is our tendency to explain someone’s behaviour based on internal factors, such as personality or disposition, and to underestimate the influence of external factors
Confirmation Bias - is the tendency to search for, interpret, favour, and recall information in a way that confirms one’s preexisting beliefs or hypotheses
Describe one strategy a lawyer can use to increase the persuasiveness of their argument, and one strategy a lawyer can use to manipulate the perceived credibility of the witness.
Vivid Language - Enhances the impact of testimony
Making witnesses appear incompetent by providing expert testimony that causes serious doubt
Describe two key features of the adversarial legal system, and two key features of the inquisitorial legal system
Adversarial legal system
In this system, the judge plays little role as far as deciding guilt
The lawyers or advocates are one-sided and act for opposed parties
Inquisitorial legal system
Legal experts work with lay people to decide on matters such as guilt
The police may be called on to investigate matters related to the defence and not just the prosecution
Two key theories have been proposed in an attempt to explain violence in a prison context. Compare the key features of deprivation theory and importation theory.
Deprivation theory - assumes that prison violence is the consequence of degrading and stigmatising prison conditions
Importation theory - assumes that prison is an open system in which adaptations to prison life are shaped by the prisoner’s experience and socialisation prior to imprisonment.
Describe the four main aims of an anger management program?
Heighten awareness of the process of becoming angry in the individual.
Increase awareness of self-monitoring of one’s own behaviour.
Learn the benefits of controlling anger.
Enhance participant’s knowledge and skill at managing their anger
What are the three main ways in which our perception of crime may be influenced?
Direct knowledge - Could include personal victimisation, seeing or hearing about others being victimised.
Mass media - Selective information presented, and people also choose to read only some of the crime news.
Individual differences - Aspects of our personality or social styles make us more or less afraid of crime.
According to cognitive theory, what is the cause of our fear of crime?
This theory proposes that the fear of crime is influenced by two distinct components of emotional vulnerability.
Subjective victimisation risk - subjective belief about the likelihood or risk of an event
Perceived negative impact - belief about the seriousness of the consequences of experiencing those events.