Social Psychology & the Law Flashcards
Scientific jury selection
the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial.
the portion of a trial where potential jurors are questioned about potential biases, and a jury is selected. If jurors are unable to be unbiased, they are sent home.
Voir dire
Bias in the criminal justice system
Disparate Treatment: intentionally treating someone differently because of some protected trait (race, sex, religion, nationality, disability, sexual orientation, etc) (more times, you win these cases)
Disparate Impact: a (formally) neutral law/policy affects different groups of people differently because of some protected trait (sex, race, etc) (most categories, you lose)
cannot strike jurors based on race
Batson Challenges
Confidence =/= accuracy (but note that jurors think that it’s important!)
The more accurate a witness is about details of a crime scene, the less accurate they are about the criminal (again, jurors disagree!)
- Witnesses more likely to identify suspects when the lineup administrator knows which lineup member is the suspect, irrespective of the suspect’s guilt
- Rapid identifications are generally more accurate than slow identification (rapid means rapid, as in, less than 12 seconds!)
Eyewitness testimony
Police can lie in interrogation- including about why you’re there or about evident they’ve got on you
Police can take a break and come back. They can keep you for long amounts of time in a small room. They can tell you things will be better if you just admit it.
Police conduct in getting false confessions
- Witnessed are less good at identifying people of different races
- High stress worsens memory and encoding
- Disguise
Factors that affect the accuracy of eyewitness testimony
eyewitness identification typically are made during a social interaction between a lineup administrator and a witness, an interpersonal context that allows for social influence to affect the decisions made by witnesses
social influence in law
when administrators instruct witnesses that they have identified a suspect and they would like them to view a lineup to see whether they can identify that suspect, witnesses are more likely to identify a suspect- irrespective of that suspect’s guilt- than when the administrators warn witnesses that the culprit may or may not be in the lineup
Priming
data suggests that racial disparities in mistaken identifications may be better explained by discriminatory policing than memory errors
Base Rate Problems