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Psychology and the Law > Test #2 > Flashcards

Test #2 Flashcards

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1
Q

Describe 2 categories of independent variables found in eyewitness research

A

There are 2 types of independent variables in eyewitness research:

  1. Estimator variables: variables that are present at the time of the crime and cannot be changed. E.g. age of witness, amount of available lighting, gender
  2. System variables: variables that can be manipulated after the fact and impact the accuracy of witnesses. E.g. questioning techniques used by the police
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2
Q

Describe 3 general dependent variables found in eyewitness research

A

There are 3 general dependent variables used in eyewitness studies:

  1. Recall of the event
  2. Recall of the perpetrator
  3. Recognition of the culprit
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3
Q

Describe and explain the misinformation effect

A

AKA – Post Event Information Effect

  • Occurs when a witness is provided with inaccurate information about an event after it is witnessed and incorporates the “misinformation” in their later recall
  • Simply introducing an inaccurate detail to witnesses could lead them to report that inaccurate detail when later questioned.
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4
Q

What are the 3 theories that attempt to explain the misinformation effect?

A
  1. Misinformation acceptance hypothesis – experimenter pleasing
  2. Source misattribution hypothesis – hard to determine fact or fiction
  3. Memory impairment hypothesis – original memories being replaced with inaccurate ones
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5
Q

Outline the components of the cognitive interview

A
  1. Cognitive Reinstatement – Reinstate the context surrounding the incident
  2. Report Everything – Report all details including those believed to be insignificant
  3. Recall Event in Different Orders – Go through the incident in different sequences
  4. Change Perspectives – Take the perspective of someone else witnessing the event
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6
Q

Describe lineup procedures and how they may be biased

A

• A Showup Lineup Procedure is performed when only the suspect is shown to the witness. This procedure has been criticized as biased because the witness knows the person the police suspect. Unlike a Walk-By Lineup Procedure

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7
Q

Summarize the debate surrounding expert testimony on eyewitness issues

A
  • There is some controversy regarding the application of research on eyewitness issues to the courts
  • Points of contention include:
    1. Applicability of laboratory simulations to real-life situations
    2. Reliability of results across studies
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8
Q

Outline the recommendations for collecting witness identification evidence

A
  • The person who conducts the lineup should not be aware of who the suspect is
  • Eyewitnesses should be informed the culprit may not be present in the lineup
  • A clear statement of the witness’s confidence should be taken at the time of identification
  • Suspect should not be distinct in characteristics that the witness reported
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9
Q

What are the 3 stages in the role of memory?

A
  1. Encoding – transforming information into a form that can be stored in memory
  2. Storage – maintaining information in memory
  3. Retrieval – the process of bringing stored memory to the mind
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10
Q

What are the characteristics of Short Term Memory (STM)?

A
  • Has a very limited capacity and cannot hold very much information at once
  • Typically can hold 7 bits of information or items at a time, suggesting that we can remember 5-9 items at once
  • Items in STM are lost within 30 seconds unless we repeat them over and over again to ourselves
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11
Q

What are the characteristics of Long Term Memory (LTM)?

A
  • LTM refers to permanent memories
  • No limit to our LTM
  • When information is processed effectively in STM it can make its way to LTM
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12
Q

What are the 2 types of eyewitness memory?

A
  • There are two types of memory retrieval that eyewitnesses perform:
    1. Recall Memory – Reporting details of previously witnessed event/person. E.g. what perpetrator did and looked like
    2. Recognition Memory – Reporting whether what is currently being viewed/heard is the same as the previously witnessed person/event of interest. E.g. hearing a set of voices and identifying perpetrators voice or using a line up procedure
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13
Q

Define “Recall of the Event”

A
  • Recall of the crime event can take 2 forms:
    1. Open Ended Recall/Free Narrative: Witnesses are asked to recount what they witnessed without being prompted. E.g. write down or describe perpetrator without office asking questions.
    2. Direct Question Recall: Witnesses are asked specific questions about the event. E.g. what colour was the getaway car? How long was the perp’s hair?
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14
Q

Define Recognition of Culprit

A
  1. Line up Task – set of people presented to the witness – witness attempts to identify perpetrator
  2. Set of Voices – witness is to identify the perpetrators voice
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15
Q

What are some methods used in facilitating eyewitness recall?

A

Methods used in the investigative process to aid eyewitness recall include:

  • Hypnosis
  • Cognitive Interview
  • Enhanced Cognitive Interview
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16
Q

What are the 2 types of Line-Up s used in investigations?

A
  • To accurately assess the rate at which real witnesses will correctly identify culprits two types of lineups are needed in research:
    1. Target-present lineups – lineup contains the culprit
    2. Target-absent lineups – lineup contains an innocent suspect
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17
Q

What are factors that increase correct voice identification in eyewitness testimony?

A

Factors that increase correct voice identification include:

  1. Length of the voice sample
  2. Distinctiveness of voice
  3. Viewing the culprit’s face when the incident was witnessed
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18
Q

What are factors that decrease correct voice identification in eyewitness testimony?

A

Factors that decrease correct voice identification include:

  1. Whispering
  2. Placing the culprit voice near the end of the lineup
  3. Using a large number of foils
  4. Unfamiliar accents
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19
Q

Memory is like a video recording in which an identical representation of the event is stored and then can be replayed on request. True or False?

A

False.

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20
Q

Recall memory refers to reporting details of a previously witnessed event or person. True or False?

A

True

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21
Q

Hearing a set of voices and identifying the voice that belongs to the culprit is an example of recognition memory. True or False?

A

True

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22
Q

Estimator variables can be manipulated to increase (or decrease) eyewitness accuracy. True or False?

A

False

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23
Q

System variables are present at the time of the crime and cannot be changed. True or False?

A

False

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24
Q

Describe how jurors are selected in Canada?

A
  1. Selected from list
  2. Part of jury pool – a jury summons may be served
  3. Peremptory Challenges – may go through selection process facilitated by a judge or legal affiliates
  4. Selected as juror?
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25
Q

Distinguish between representativeness and impartiality.

A

Representativeness - Representative of community ensured through random selection from the community
Impartiality - Lack of bias on the part of jurors.

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26
Q

Define Representativeness.

A

Representativeness - Representative of community ensured through random selection from the community

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27
Q

Define Impartiality.

A

Impartiality – Lack of bias on the part of jurors. The juror characteristics of impartiality centers on 3 issues:

  1. Juror must set aside pre-existing biases, prejudices or attitudes
  2. Juror must ignore all information that is not admissible evidence
  3. Juror is to have no connection to the defendant
28
Q

What are the 3 methods for increasing the likelihood of an impartial jury:

A
  1. Change of venue – moving the trial to another community
  2. Adjournment – trial is delayed so any biasing effects of publicity dissipate
  3. Challenge for cause – prospective jurors are questioned in order to identify and reject partial jurors
29
Q

Describe the effects of pretrial publicity.

A
  • Negative pretrial publicity related to an increased number of guilty verdicts
  • Typically media headlines are negative for defendant
  • Emotions that pretrial publicity raises are remembered, while factual information tends to be forgotten resulting in verdicts being based on emotion and biased media coverage rather than admissible evidence
30
Q

Outline the stages to reaching a jury verdict

A
  • Deliberations – Canada requires 12 jurors still active as long as no more than 2 are excused
  • Jury is separated from mainstream society until deliberation
  • Polarization – when individuals become more extreme in their initial position following a group discussion
  • Leniency Bias – When Jurors move towards great leniency during deliberations
  • Final Verdict – must be unanimous (generally speaking)
  • If a unanimous decision cannot be made this results in a “hung jury” or a “deadlocked jury” – a mistrial is then declared
31
Q

Describe the categories of variables that have been examined to predict a verdict

A
  • Research has been conducted assessing if certain variables can predict the verdict. Common variables assessed include:
  • Demographic
  • Personality
  • Attitudes
  • Defendant characteristics
  • Victim characteristics
  • Expert Testimony
32
Q

Summary of the R v. McLeod case

A

In this case, the Crown and the defence agreed that potential jurors should be examined to ensure that they were impartial.

  • The parties disputes on the form of questions that should be posed to potential jurors.
  • The Judge ruled that the questions were inappropriate, however some were allowed as long as they were asked by the trial judge and not counsel
  • This case is important because it demonstrates the use of Challenge of Cause
33
Q

Know the Rights to a Jury Trial. (Summary & Indictable)

A

Summary Offences – Have the right to a judge alone (No right to judge and jury)
Indictable Offences – Have the right to both a judge alone or judge and jury

34
Q

What are the 3 categories presented by lawyers in regards to ones right to a jury trial?

A
  1. Heard by Judge Alone – less serious indictable offences. Ex. Theft, failure to comply with probation order
  2. Must be tried by Judge and Jury – Highly serious indictable offences. Ex. Treason, Murder, Piracy
  3. Choice of Judge or Jury – some indictable offences. Ex. Robbery, arson
35
Q

What are the 2 Approaches to Jury Selection?

A
  1. Broad-Based Approach

2. Case- Specific Approach

36
Q

Define the Broad-Based Approach to Jury Selection.

A
  • Traits/attitudes that are believed to impact the verdict are assessed in potential jurors
  • Provides lawyers with knowledge about the type of person to try to screen out
  • Assessed through questionnaires given to jurors
37
Q

Define the Case-Specific Approach to Jury Selection.

A
  • Develops a specific questionnaire regarding the issues and facts of the case
  • Questionnaires are administered to jury pool in the community
  • Responses are used to develop a profile of the ideal juror
  • Lawyers then ask prospective jurors questions to assess if they fit the profile
38
Q

What are the Characteristics of a Jury?

A
  1. Representativeness: Representative of community ensured through random selection from the community
  2. Impartiality: Lack of bias on the part of jurors
    - All community members must have the opportunity to be part of the jury – achieved through randomness
39
Q

What is the main function of a Jury?

A

Main function: apply the law to the evidence and render a verdict of guilt or innocence

40
Q

What are all the functions of a Jury?

A

Main function: apply the law to the evidence and render a verdict of guilt or innocence
4 Other Functions Include:
1. Use the wisdom of 12
2. Act as the community conscience
3. Protect against out-of-date laws
4. Increase knowledge about justice system

41
Q

How do we study Juries in Canada?

A
  • Post-trial interviews – not possible in Canada because jurors are forbidden by law from disclosing content of their deliberations
  • Archival records – use records of trails (transcripts, police interviews)
  • Simulation techniques – (Most Common) Mock jurors presented with a simulated trial. They are asked to render a verdict or make other judgments. Independent variables can be manipulated as it is in a controlled environment
  • Field Studies – research is conducted within a real trial. Enables researchers to observe the process as it is occurring.
42
Q

How do Jurors keep informed on issues/topics that are foreign to them? (Jury Comprehension Aids)

A

Note-taking; and

Asking Questions

43
Q

How do Jurors Make Decisions?

A
  1. Mathematical Models – views jury decision making as a set of mental calculations
  2. Explanation Models – suggests evidence is organized into a coherent whole
44
Q

Define the Mathematical Models in which Jurors make decisions.

A

Mathematical Models – views jury decision making as a set of mental calculations
• A mathematical weight is assigned to each piece of evidence

45
Q

Define the Explanation Models in which Jurors make decisions.

A

Explanation Models – suggests evidence is organized into a coherent whole
- Involves imposing a story structure to the evidence for each verdict option making connections

46
Q

What is the “BIG 5 Personality”?

A
  1. Extroversion – outgoing, sociable, animated
  2. Agreeableness – altruistic, interpersonally pleasant, positive
  3. Conscientiousness – self-disciplined, determined, and dutiful
  4. Emotional Stability – calm, even-tempered, able to handle stressful situations
  5. Openness to Experience – imaginative, sensitive, curious ad unconventional
47
Q

Outline the fitness standard for mental health and the changes made to legislation.

A

Bill C-30 (1992), the Canadian Criminal Code stated a fitness standard; unfit to stand trial if unable to:

  1. Understand nature of proceedings
  2. Understand consequences of the proceedings
  3. Communicate with counsel
    - Prior to Bill C-30 individuals who were deemed to be “unfit” could be confined indefinably
    - POST Bill C-30 alternative measures have been used – discharges and mental health facilities
48
Q

Contrast unfit and fit offenders

A
  • If fit, individuals charged with a crime are expected to understand the charged and proceedings, and help in preparing their defence – comprehend, understand, contribute
  • Unfit to stand trial – refers to an inability to conduct a defense at any stage of the proceedings on account of a mental disorder
  • Characteristics of Unfit defendants
    1. Unemployed and living alone
    2. Have a current violent offence
    3. Never married
49
Q

In Canada, what are the only 2 situations in which the Crown may raise insanity?

A
  1. Following a guilty verdict

2. If the defense states the defendant has a mental illness

50
Q

Explain Canada’s insanity standard

A

Legally, insanity removes the responsibility of performing an act because of uncontrollable impulses or delusions

  • R v McNaughton (1843): 3 critical elements emerged from the verdict:
    1. Defendant must be suffering from a defect of reason/disease of the mind
    2. Must not know the nature and quality of act they are performing
    3. Must not know that what he or she is doing is wrong
51
Q

Define Automatism.

A

Automatism – unconscious, involuntary behaviour; the person committing the act is not aware of what they are doing

52
Q

What are 2 examples of cases in which Automatism was used as a defense?

A
  1. R v. Parks – committed a murder and assault while sleepwalking
  2. R v. Stone – Supreme court stated there are 2 forms of automatism: Noninsane and Insane Automatism
53
Q

State the explanations for high rates of mental illness in offender populations

A
  • Substance Abuse – 87%
  • Antisocial personality disorder – 57%
  • Affective disorder – 23%
  • Anxiety/somatoform disorders – 16%
  • Schizophrenia – 2%
54
Q

Explain the various treatment GOALS for offenders with mental disorders

A
  • Goals for treatment vary greatly, but generally include:
  • Symptom reduction
  • Decreased length of stay in the facility
  • No need for re-admittance to hospital
  • Overarching goal is reintegration
55
Q

Explain the various treatment OPTIONS for offenders with mental disorders

A

Facilities for treatment include:
- psychiatric institutions,
- hospitals, and
- assisted housing units
Two key treatment options for psychotic symptoms:
- Anti-psychotic drugs
- Behaviour therapy – positive social interactions

56
Q

What are the elements of an offence that must be present for criminal guilt?

A

Actus Reus – wrongful deed
• Particular event or state of affairs was “caused” by the accused’s conduct
Mens Rea – Criminal Intent (mind)
• Conduct must have been accomplished by certain state of mind

57
Q

What are the characteristics of fitness to stand trial?

A
  1. R. v. Taylor (1992) – defendant only needs to state facts related to the case
  2. Defendant can be held in custody for up to a 5 day limit for fitness evaluations – with possible extensions
  3. Issue of fitness may be raised at various stages of the proceedings
58
Q

What are the instruments used to determine fitness?

A

Fitness Interview Test Revised (FIT-R) – Developed to meet “fitness” criteria outlined in CCC.
Competency Screening Test (CST) – 22 uncompleted sentences that respondent must finish
Interdisciplinary Fitness Interview Revised ((IFI)-R) – Semi structured interview that measures 3 areas of competency, functional memory; appropriate relationship with lawyer, understanding the justice system
MacAruthur Competence Assessment Tool – Criminal Adjudication (MacCAT-CA)
Structured interview containing 22 items that assess competency

59
Q

What are NCR characteristics (Not Criminally Responsible)

A
  • Does NOT result in an acquittal
  • Not to know the nature and quality of the act he was doing; or
  • Did not know that what he was doing was wrong due to mental illness.
60
Q

Define Automatism

A

Unconscious, involuntary behaviour, the person committing the act is not aware of what they are doing (ex. Sleep walking, sneezing while going through red light)
• Similar to NCR

61
Q

What are the requirements to the defense of Automatism?

A
  1. There must exist an involuntary action arising from external source or reflex action
  2. The action must be completely involuntary
  3. The automatism must not be self-induced
62
Q

What are the characteristics of individuals with mental illness?

A
  • Individuals with a mental illness are more likely to get caught
  • Individuals with a mental illness are more likely to plead guilty
  • Individuals with a mental illness are likely arrested more often
63
Q

When is Intoxication a defense?

A
  • Intoxication is not recognized as a defense for violent crimes
  • Voluntary Intoxication is a defence if specific intent is required and the accused was incapable of forming this intent e.g. premeditated murder)
  • Involuntary intoxication is a defence – you commit a crime, but the choice to become intoxicated was not your own
  • “where the accused departed markedly from the standard of care”
64
Q

Describe the Standard of Care in Intoxication cases.

A
  • Standard of Care – the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise.
  • In the case of self-induced intoxication, if you fail to meet the standard of care of a reasonable person you cannot use the defence of intoxication
65
Q

There are 3 types of offences in Canada. True or False?

A

True

66
Q

One of the most common methodologies used to investigate jury issues is the simulation. True or False?

A

True

67
Q

What are the 4 memory retrieval techniques?

A
  1. Cognitive Reinstatement - Reinstate the context surrounding the incident
  2. Report Everything - report all details including those believed to be insignificant
  3. Recall event in different orders - go through the incident in different sequences
  4. Change Perspectives - take perspective of someone else witnessing the event

Psychology and the Law (3 decks)

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