Week 9 (Core notes) - The Psychology of Trials Flashcards
The trier of fact may be
A judge or a jury
Information presented at trials include:
- Testimony
- Exhibits
- Opening and closing statement and judicial instructions
Witnesses generally questioned through ‘examination in chief’ and a ‘cross examination.
Special conditions are put in place for identified vulnerable populations (i.e., children).
Presentation of evidence followed by judicial instructions, deliberations, verdict, sentencing (in the US considers death penalty).
3 attributions of causality
Primary Attribution: when deciding the cause of the behaviour of others, quick to make dispositional/situational judgement
e.g driver almost runs you over and speeding “he’s a maniac” but he’s just late for work.
e.g conflating criticism of religious doctrines with bigotry and racism.
Fundamental attribution error: tendency to overemphasise dispositional factors and underemphasise situational factors. e.g not judging a book by it’s cover. Sleeping on the job = lazy, though perhaps worked an overnight 20 hour shift.
Actor/Observer bias: When deciding the cause of behaviour for yourself/others, positive behaviours are dispositional (availability heuristic) and negative behaviours are situational (bigger picture), while doing the opposite for others. e.g that person won this race because she go lucky. I lost because just didn’t get enough sleep last night ya know? (bs).
The qualifications of an expert witness
Involves 3 part test
- The subject matter is so complex/technical that it is beyond the ken of the average person
- Witness must be qualified to speak to the issue at hand (academic qualifications, their publication record)
- There must be scientific acceptance of the information presented by the witness.
Psychological contributions to provide detail/clarification of data, regarding the issue.
What is the legal standard for pleading insanity?
Originally based on the McNaughton rule (1843)
3 elements;
- The defendant was suffering from ‘defect of reason from the disease of the mind’
- As a result, defendant did not know the nature and quality of the act he or she was doing.
- An inquiry has been carried out to determine whether defendant knew what he or she was doing was wrong.
Modern versions of insanity
A person not responsible for crim conduct if, mentally ill, defect , lack substantial capacity to appreciate criminality of his/her actions to conform to the law
Forensic Psychs may be asked by the court of by defence lawyer to make assessment of defendants capacity to stand true. Assessments based on identification of psychological disorders.
Legal standard- Instructions
- a framework to guide their deliberations and decision (charging instructions)
- clarification of legal terms (substantive law instructions)
- a summary of the evidence (cautionary instructions).
What does cognitive psych research indicate in the context of instructions in courtrooms?
Juror comprehension of instruction can be limited, insofar as definitional instructions followed by charging instructions. Conversely, they are more likely to comprehend cautionary instructions.
