PSC 153 Midterm 2

Know status of children in the eyes of the court (throughout evolution of our court system and currently).

"Non persons" under the law with few constitutional rights (more nurturance/protection rights). When they commit crimes, suffer child maltreatment, or have no parents, they become "wards" of the juvenile court. Before juvenile courts: children 14 and over were held criminally responsible like adults. Between 7 and 14 they were treated like adults depending on maturity, but exempt from criminal responsibility if under 7.

Know generalities of who tends to go to prison.

1. 40% have at least one other family member who has been incarcerated 2. 62% are regular drug users before incarceration 3. Less than 1/3rd have completed high school 4. 18% are married 5. half earned less than 16,000 in the year before. 6. 53% violent crimes, 47% drug, property crimes. 7. Black men incarcerated 6x more than white men and black men between 30-34 have highest rate 8. Black males have 29% chance, Hispanic have 16%, and white males have 5% 9. 93% of prisoners are men 10. 49% of women in prison are white and 28% are black.

Findings of ACE study

1. ACEs are very common and have an effect even 50 years later, transformed into organic disease, social malfunction, and mental illness. 2.Strong predictor of adult health risks and disease (mental health, cardiovascular disease, cancer, suicide). 3.ACEs are implicated in the 10 leading causes of death in the U.S.

horrors of prison

1. Banishment from outside world and people they care about 2. No decision-making power over important aspects of their lives 3. Stark and oppressive environment 4. No privacy 5. Violence: gangs, homosexual rape 6. Idleness and routine

Know some situations that might bring children/minors into contact with the legal system.

1. Child maltreatment 2. Juvenile delinquency 3. Divorce 4. Domestic violence 5. Witnessing crime 6. Parental death 7. Parental incarceration

Know the basics (very generally) of the evolution of prisons in the United States.

1. In colonies, public shaming was common and wealthy could pay fines to get out of punishment. Created graduated series of punishments. First prisons between 1790 and 1800. 2.1800s: many people believed prisons spawned crime. First theories of criminal behavior (besides religion sin) as a societal problem. Rehabilitation became new ideal and became laboratories of social experiment and reform. Overcrowding led to brutal treatment and security and maintenance of minimal order again became the main goals. 3. 1900s: Medical model of psychiatric care- made sentencing based on when they were better. Prison riots but continued to have budget cuts and belief that nothing could fix prisoners. Programs cut and focus on punishment in 1980s and 1990s

Know the general findings of the mock jury studies about harassment that are mentioned in the book.

1. Mock jurors awarded more in compensatory damages when the harassment was severe, and awarded less in punitive damages when the company enforced its own harassment policy. 2.Verdicts against a woman predicted by perceived credibility, hostility towards woman in the workplace, and juror's ability to imagine themselves in the woman's position. 3.Jurors who found the employer liable believed the victim was a good employee of good character, that the company knew about the harassment and failed to respond, that it was systematic, that the company retaliated against victim for complaining, that the victim feared losing their job, and that the victim suffered psychologically and in the job because of the company. 4.Jurors who didn't find them liable believed the victim was oversensitive, that they contributed to harassment, that the company acted to stop it, that they had anti-harassment policies, that the victim sued to retaliate, and that they didn't follow proper reporting procedures. 5.Best predictors are severe harassment and witnesses who corroborate the charges, if there are documents, if they told management before filing charges, and if they failed to take action against harasser.

When/why would someone claim to have PTSD in court versus Battered Women syndrome or even Rape Trauma Syndrome? (disadvantages)

1. PTSD criteria are not specific to RTS or BWS so many specific symptoms most important in the legal system may fall outside PTSD criteria (failure to report assault, continued interaction with perpetrator, failure to leave situation) 1.Other traumatic events (not battering or sexual assault) could have caused the victim's symptoms and PTSD allows investigation into victim's traumatic past. 2.Not all sexual violence or battered woman sufferers meet criteria for PTSD and their lack of diagnosis may be used to suggest the traumatic event did not occur 3.PTSD pathologizes what might be considered normal behavior to difficult circumstances and suggests the victim is mentally ill rather than rational 4.A PTSD diagnosis shifts the legal focus from the contextual factors that may have led to the victim's behavior (lack of resources, limited social support) which may change juror's understanding of pertinent issues.

When/why would someone claim to have PTSD in court versus Battered Women syndrome or even Rape Trauma Syndrome? (advantages)

1. PTSD is an established diagnostic category with several tests/structured interviews for assessment 1.Well-established empirical literature exists on treatment and prognosis of PTSD 2.New DSM-5 criteria specifically detail sexual assault/violation as a potential trigger to PTSD 3.New DSM-5 criteria address BWS and RTS symptoms previously lacking in PTSD symptomology including guilt, depression, and self-blame 4.Addresses tendency to act out against the abuser and other aggressive or self-destructive behavior often seen in battered women. 5.Reclassification of PTSD in its on chapter on Trauma and Stress or Related Disorders rather than with anxiety disorders highlights the importance of trauma as a trigger for onset

terminology juvenile court

1. Petition on behalf of the child is filed (re not vs.) 2. Child is a respondent, not a defendant 3. Proceedings are confidential and records are sealed

Know the outcomes for children in child sexual abuse cases after testifying court.

1. Predictors of adverse emotional outcomes: testifying multiple times, lack of maternal support, lack of corroborative evidence (whole case depends on child), severe intrafamilial abuse 2. Predictors of adverse performance outcomes: fear of facing the defendant 3. Predictor of adverse attitudinal outcome: not testifying, especially if defendant "walks"(wish they would have testified)

1. high anxiety/high avoidance 2. high avoidance/low anxiety 3. low avoidance/low anxiety 4.low avoidance/high anxiety

1. fearful avoidant 2. dismissing avoidance 3. secure 4. preoccupied

juvenile court procedures

1. intake 2. adjudication/ jurisdictional hearing 3. study/social investigation 4. disposition

Know the statistics about rape as cited by UC Davis C.A.R.E. Center representative Sarah Meredith.

1.1/3rd of women and 1/4th of men in the US have experienced rape, physical violence, and/or stalking by an intimate partner at some point in their lifetime 2.51.1% of female victims of rape report being assaulted by their intimate partner and 40.8% by acquaintance; 52.4% of males assaulted by acquaintance and 15.1% by stranger. 3.1/5 undergraduate students and 1/14 graduate students and professional school students have experiences some type of non-consensual sexual contact since entering college.

Know the ACEs findings about intravenous drug use

1.A male child with an ACE score of 6 has a 4,600% increase in the likelihood that he will become an IV drug user later in life. 2.78% drug injection by women can be attributed to their experience of cumulative kinds of trauma in childhood.

Know about the NICHD protocol

1.Begin with instructions- not assumptions (ex: It's okay to say I don't know/correct me" 2.Build rapport with practice narratives (ex: tell me more about how to play soccer) 3.Introduce allegation without leading (ex: tell me why you came to talk to me today) 4.Tell me more/what next questions (You said this happened. Tell me everything that happened) 5.Follow up with tell me more and what happened next questions, not yes/no or forced-choice questions.

Know about racial disparities and the death penalty. Does the race of the killer and the race of the victim matter in regard to whether or not someone is charged with capital murder? What about whether or not they actually get the death penalty?

1.Black defendants are more likely than white to be charged with capital murder and once charged, they are more likely to be executed. 2.The race of the victim is also important- if the victim is white, prosecutors are more than twice as likely to seek a death sentence and blacks who kill whites are about four times more likely to be charged with capital murder than blacks who kill blacks. The death penalty is five times more often used against killers of whites than against killers of blacks. 3.Blacks convicted of killing whites were sentenced to death in 22% of cases while whites who kill blacks only 3%. 4.3x more likely to receive a death sentence if murdered a white than a black. 4.41% of prisoners on death row are black and black murders of whites are 6x more likely to receive the death sentence.

specific tests for custody arrangements

1.Bricklin Perceptual Scales (BPS) (used to evaluate unconscious perceptions of parental behavior) 2.Ackerman-Schoendorf Scales for Parent Evaluation of Custody: creates a rating based off of tests and projective stories/ parental questioniares 3.Perception of Relationships test: attempts to measure how strongly the child seeks emotional closeness and positive interactions with each parent.

Is there any controversy surrounding mandatory reporting laws? If so, what is it?

1.CPS flooded by reports/ investigations: fewer resources for providing services 2.Disrupts doctor/clinical relationship with patients 3. False reports

Know the work of Mary Kloss and colleagues on variables that modulate the responses of rape survivors.

1.Characteristics of the person (age, maturity, coping capabilities, ability to make use of social support) 2.Characteristics of the event itself (violence, duration) 3.Victim's environment (support of friends and family, attitudes of surrounding community, physical and emotional safety) 4.Therapeutic intervention (timing, how much it empowers the victim)

What may have been wrong in the investigation of Wee Care Nursery School?

1.Children interviewed on several occasions 2.Group therapy sessions where children discussed what happened 3.Coercive questioning (repeated questioning, offering rewards for certain answers, disagreeing with children who didn't, and speculation) 4.Investigators went in with the belief that the children were abused

what are some dilemmas of interviewing children?

1.Children say less than adults in free recall 2.Children's free recall is often accurate but limited 3.Children are more susceptible than adults to misleading questions (especially preschool children) 4.There are substantial individual differences in accuracy regardless of age.

How does involuntary civil commitment differ from criminal confinement?

1.Civil confinement is defined not as punishment but as a means to help care for people who cannot care for themselves. Focus on treatment and rehabilitation. 2.Burden of proof necessary to confine someone- clear and convincing standard 3.The length of confinement can continue until the individual is deemed not to be a danger to themselves or others 4.The reason for confinement is not what the person has done, but what they may do in the future.

What did Bremner find about people's brains? Please ensure that you really understand the Bremner study and its findings.

1.Compared women with PTSD and CSA with women with CSA but not PTSD and non-abused controls 2. Women with PTSD and CSA had smaller hippocampal volume and worse short-term memory while other two groups had no effects on hippocampus.

What is a "good story" for story model?

1.Covers the provided set of information adequately (coverage) 2.Is consistent, plausible, and complete (coherence) 3.Is specific and includes details (uniqueness)

What does Family Court deal with?

1.Divorce, legal separation, nullity 2.Establishing parentage 3.Restraining orders/domestic violence 4.Child support/spousal support/family support 5.Child custody and visitation 6.Meditation and arbitration

Know what Laurence Steinberg, who studies developmental neuroscience, says about executive function and brain development. What about need for stimulation?

1.During adolescence, the brain begins its final stages of maturation and continues to rapidly develop into early 20s. 2.Prefrontal cortex governs advanced thought and impulse control is final area of brain to mature 3.Adolescents commonly experience "reward-deficiency syndrome" which means they are no longer stimulated by activities that thrilled them before so engage in riskier behavior to achieve excitement. Heavily depend on emotional centers since frontal regions aren't developed.

According to the book, what are the four conditions that are essential to reducing stereotypes and prejudice?

1.Equal-status contact between groups. 2.Organization must promote one on one interactions instead of letting groups avoid each other. 3.The environment must foster cooperation and people must work together for superordinate goals. 4.Local social norms must favor intergroup contact and equal treatment.

Stalking cases

1.Erode the life of the victim through fear and harassment 2.Require consistent and aggressive prosecution (hard to identify and investigate because threats may be veiled and they are often not deterred)

What did Bottoms, Goodman et al. find about Satanic ritual abuse vs. religion related abuse?

1.Federal grant to examine evidence of abuse in all cases nationwide of alleged Satanic ritual abuse 2.Contrasted claims of ritual abuse with religion-related abuse 3.No evidence of widespread Satanic abuse but lots of evidence for religion-related abuse

Know the general prevalence and statistics about workplace harassment on pages 305-306.

1.Females are far more likely to be victims of sexual harassment (3-4x more) 2.42% of women and 15% of men claimed to have experienced harassment at work during the previous 2 years. 3.43% of women layers reported harassment from a partner in a firm and 41% of female medical students. 4.60% female and 27% male in the military 5.53% of working women had been sexually harassed by men and 16% of men by women. 6.Women working in areas dominated by men are more likely to be harassed 7. Males are more likely to be harassed by another man than a woman but only 2% is woman by woman.

In the 1990's what did the US Supreme Court decided about hostile work environments?

1.Harris vs. Forklift systems: it is not necessary to demonstrate psychological injury and that a reasonable person standard should be applied. Environment should be objectively and subjectively offensive. 2.Oncale vs. Sundowner Offshore Services Inc.: sexual harassment law is gender-blind.

Are there problems with using rape trauma syndrome as an explanation for behavior at trial?

1.Having RTS symptoms is not a valid way to assess the credibility of a woman who claims to have been raped and does not prove that sexual assault occurred. 2.Judges have to consider whether RTS is outside the common knowledge of jurors 3.RTS testimony may bias the jury against the defendant. 4.RTS testimony may open up the door to more extensive questioning about past sexual experiences.

What generally needs to be shown to successfully plead self-defense?

1.He or she was in danger of imminent bodily harm (severe harm in the immediate future) 2.The force used to repel the attack was reasonable and proportional to the danger that existed (not excessive in response to the harm faced) 3.No reasonable avenue of escape existed (no way to easily avoid the confrontation or leave the situation).

What is a Child Advocacy Center (CAC)?

1.Highly trained interviewers 2.Avoid leading questioning 3.DA and police observe 4.Video recordings 5.Avoid multiple interviewing

What does the research say about differences in sentencing based on race and gender?

1.Hispanics and blacks, males, and younger defendants usually receive harsher sentences than whites, females, and older defendants. 2.Hispanic males have the highest odds and young black males have the second-highest. 3.Women receive lighter sentences and for violent crimes, equally like to be sent to prison but shorter sentences. 4.Life sentences were most likely when the juvenile was African American and the sentencing judge was elected and the jury was conservative.

Know variables that may increase the negative psychological effects of trauma.

1.Human caused (vs. environmental) 2. Repeated (ex: domestic violence) 3.Unpredictable 4.Undergone in childhood 5.Perpetrated by a caregiver

Know info from slides that is specifically about child maltreatment cases in California.

1.If child PC'ed, a hearing must be held within about 72 hours (same with delinquency) 2. Parents are provided with an attorney or can hire one. 3. All children now are given an attorney. They attorney is supposed to monitor child's case in foster care (huge caseloads, bad representation)

When and about how much is a child's opinion factored into custody determinations?

1.In most states, child's preference of who to live with is supposed to be considered by judge 2.If child is 12 to 14 years or older, child's preference is given considerable weight but if under 8, rarely asked 3.SB-170 child custody law: Giving Children a Voice Act lowers the age that California children can speak directly with a family court judge about their wishes. Children 10+ should be given this same rate to address the court (right now it is only 14+)

What are the main four goals of imprisonment?

1.Incapacitation: containment to protect society. 2.Deterrence: the experience of suffering in prison will dissuade further crimes after release (specific deterrence) or that other people will choose not to commit crimes (general deterrence). 3.Retribution: punishment to restore moral balance. 4.Rehabilitation: improvement of criminals into productive members of society.

What are some of the acute impacts of trauma?

1.Increased heart rate, respiration, dry mouth 2.Tonic immobility 3.Amygdala takes over 4.Dissociation 5.Fear, horror, helplessness 6.Memory is fragmented, out of sequence, connected to sensory information 7.PFC is shut down 8.Can't think logically 9.Shock/denial 10.Increase in neurotransmitters 11.Flat affect 12.Flood of stress hormones

strangulation cases

1.Involve scary type of power and control 2.Almost never leave visible injuries 3.Are more likely to ultimately result in death 4.Require consistent and aggressive prosecution (hard to prosecute but people who strangle are most likely to ultimately kill victims)

Know generalities of judges versus juries as triers of fact.

1.Judges are not always better at ignoring inadmissible evidence/cognitive biases than jurors, though both groups believed the judges would be better. 2.Judges do not always have as much awareness of their own decision-making and often rely on expert recommendations 3.Both are biased but there are less safeguards for judge bias. 4.Juries are slightly more lenient

Know, in general, the research cited in the book about perceptions of fairness.

1.Judgments of fairness are self-serving: we are bothered by not getting as much as we deserve but not more than we deserve 2.Women tend to undervalue contributions and are more likely to evenly divide rewards, and value salary less than men. 3.People compare their inputs and outputs to that of similar others to determine fairness. 4.Because no distribution of rewards is equitable, people's satisfaction depends on procedural and interactional considerations.

research on jurors and BWS

1.Jurors do not go easy on battered women- in one study, 76% women were convicted. 2.Expert testimony does not have a powerful effect on verdicts- studies show they may lessen sentences slightly but only if told woman has BWS. 3.Most lenient when they heard expert testimony on BWS and were given a nullification instruction by judges.

What is special about how domestic violence is handled (how it is handle according to the law) in California?

1.Mandatory arrest laws: if law enforcement finds enough evidence/has reasonable suspicion that a crime occurred, they have to arrest 2. No drop policies: victim cannot drop the charges. Takes the victim out of the driver's seat so that the prosecutor drives prosecution. 3. sentencing is different. If placed on probation: offender must be supervised by probation officer, attend a 52-week anger management program, and there must be a protective order in place (like no contact).

Know what the book has to say about predicting sexually harassing behavior.

1.Men with high scores on Likelihood to Sexually Harass scale describe themselves in stereotypically masculine terms, have a strong need to dominate, endorse traditional sex roles, endorse rape myths, and have sexual fantasies about harassment. 2.Norms of the workplace and response of management have huge effect.

strange situation test

1.Mom and baby enter a room, observer leaves 2.Baby explores, plays 3.Stranger enters 4.Mom leaves, stranger stays 5.Reunion of mom with baby- most important part of study. How easily is the child comforted? Does child avoid? Does child reach for mom and then hit her?

Know the statistics about domestic violence as cited by Deputy District Attorney Jodi Dell.

1.More than 3 women are murdered by their husbands or boyfriends every day in the US. 2.Boys who witness abuse are twice as likely to become abusive 3.Most officers who die as a result of violence are killed by DV offenders or answering a DV call.

rates of child abuse and alleged child abuse

1.Nationwide, 3.6 million referrals were made to CPS involving 6.6 million children. 2.3.2 million children received investigation or alternative response/family services. 3.702,000 children were victims (including 1,580 deaths); 147, 462 received foster care services 4.75% neglect, 17% physical abuse, 8.3% sexual abuse, 6.8% other (like parental substance abuse)

Scientific validity

1.One criticism is that not all women had experienced all 3 stages of abuse. 2.Experimenters were aware of the hypotheses of the study which could have led to experimenter bias. 3.Possible women interviewed already received information about BWS 4.No systematic comparison between BWS and non battered, or women who have had other trauma. 5.If learned helplessness is true, doesn't explain why women become violent 6.Does not capture the full experience of abuse due to variability among symptoms of battered women: can depend on age, resources, experiences, and frequency of abuse, and whether there are children in the home. 7.Lacks a standard definition or well-established measures, may narrow analysis and exclude consideration of other important concerns: like economic dependence, prior experience with abuse, and social support from friends, family, and police/medical professionals. 8.Locates the problem in the mind of the woman and takes blame away from the man, and pathologizes a reasonable reaction to long-term abuse.

Know about the NICHD Investigative Interview Protocol.

1.Open-ended prompts vs. yes or no questions 2.Instructions that they can not answer 3.Rapport building 4.More directive questions only after free recall 5.Recorded on video

What is the funnel approach to interviewing children?

1.Open-ended questions 2.Cued-recall questions (zero in on category without providing too much information, like "tell me what the man looked like." 3.Specific questions (leading): yes/no, option posing (risk of misleading questions)

tests for children during custody arrangements

1.Personality test- measure whether the child suffers from a psychological disorder 2.Intelligence tests- measure overall intellectual functioning 3.Projective tests- measure child's response to ambiguous stimuli

What are three models for allocating rewards discussed in the book?

1.Principle of need: each person gives to the group based on his or her ability and each person gets what they need. 2.Equality: everybody gets the same rewards. 3.Equity: rewards distributed in proportion to each person's contribution to the group.

Know all about Gerald Patterson's studies (he studied social learning theory approaches to juvenile delinquency and coercive family interactions). What did he find?

1.Rate of coercive behavior in family was correlated with having a problem son. Parents and siblings were more coercive than in non-problem families which created pattern of mutual coerciveness (coercive behavior led to positive results and negative reinforcement more important than positive) 2.Coercive behaviors: whine, yelling, hitting/pushing, throwing, teasing, crying, negative commands (shut up, stop that) 3.Family members become coercive not to get others to do things, but to get them to stop doing things.

What are Steve Lindsey and Don Read's 5 criteria of what to watch for when evaluating claims of recovered memories of child sexual abuse?

1.Recovered over time using suggestive or coercive techniques 2.Began as vague images or feelings instead of clear, detailed recollections 3.Involve repeated abuse that extended into adolescence (abuse after childhood unlikely to be forgotten) 4.Involve abuse that occurred before age 3 or very early childhood (before enduring memories can be formed) 5.Involve extremely rare cases of abuse (like Satanic ritual)

Know about juvenile courts (including different types) and what they emphasize versus adult court.

1.Rehabilitation vs. punishment 2.Status offenses (children can do things that are illegal but fine for an adult- like not going to school or running away from home) 3.Delinquency (adjudication) vs. criminal conviction (guilty vs. not guilty) 4.Disposition vs. sentencing

Why is it tough to study effects of divorce on children?

1.Requires longitudinal research which is difficult, expensive, and time consuming. 2.Hard to distinguish between psychological problems that existed before the divorce and problems caused by the divorce 3.Hard to measure the outcome of healthy adjustment (social relationships, self-esteem, school achievement, lack of psychological issues) with a single measure.

Know the alternatives to prison

1.Restitution: paying for damages, community service, probation instead of jail time 2.Probation: suspending jail time and having to meet certain conditions like keeping a job, drug tests, and attending groups. 3.House arrest: parole + cannot leave home besides for work or school. 4.Residential community correction center: hallway houses, group therapy, requirements for jobs and chores.

What effect has the "War on Drugs" had in the US in terms of incarceration?

1.Resulted in the incarceration of 1 million Americans each year. 2.In 2007, 1/5 black Americans would spend time behind bars due to drug laws 3.Federal and state policies also impose consequences on those convicted of drug offenses, such as denial of public benefits or licenses that are not applicable to those convicted of other types of crimes.

Know some reasons why domestic violence cases are challenging to prosecute.

1.There is bias- there is always a relationship history/potential of lying 2.The person who knows the most about the victim (good and bad) is on the opposing side and can use secrets against them to change the opinion of the jury. 3.There usually aren't witnesses besides the defendant and victim. 4.The victim recants most of the time or doesn't cooperate. Also, often don't act the way juries expect them to. 5.Victim recant by refusing to come to court, refusing to testify, minimizing abuse, and lying.

What are some reasons that dynamic and risk management markers are often omitted in actuarial measures?

1.They are more difficult to measure than historical risk factors 2.They generally contribute less to accurate predictions than historical risk factors 3.They are less well-studied 4.To be useful, they may require repeated measures

What are the responsibilities of employers regarding sexual harassment?

1.To prevent harassment by establishing clear policies and training procedures 2.To correct harassment by thoroughly investigating complaints and taking disciplinary actions against harassers.

Know basics of unanimous versus majority decisions.

1.Verdicts must be unanimous in 6-person juries 2.Only 26 states require unanimity in misdemeanor verdict, but 44 do for criminal felony, and it is always required for capital murder charges. 3.Unanimous juries deliberate longer and are more likely to hang, and majority stop deliberation once they reach the majority requirement (and more likely to exert normative pressure).

Know why the McDonald's Hot Coffee case was more legitimate than you would think.

1.Victim had to stay in the hospital for 8 days receiving treatment for third degree burns and needed several skin grafts (the coffee was served 20 degrees hotter than at other fast food places) 2.There were 700 previous complaints about the hot temperature of the coffee and McDonalds did not lower the temperature even after paying out half million in damages. Company officials admitted it was too hot.

Do defendant characteristics affect juror decision-making much?

1.Wealth, social status, and gender do not straightforwardly influence it. 2.Physical attractiveness only has a small effect, but if someone uses their good looks to commit crime jurors are harsher on them. 3.Characteristics relevant to future crime, like gang membership, raise probability of conviction 4.Defendant race can interact with that of juries and small effect for treating people of your own raise more leniently. 5.Compare moral character of criminal and victim and if the victim is more moral, harsher on criminal. 6.More lenient when people already suffered for crime (like if they were badly injured) 7.Harsher on corporations in civil cases

Know about Sapulsky, stress, and cortisol.

1.When experiencing stress, your HPA (hypothalamic-pituirary-adrenal) axis activates a fight or flight response and cortisol is released. 2.If this happens a lot, cortisol can be disregulated which makes you more subject to health/physiological problems and damages the hippocampus development which can create memory problems. 3.Psychosocial stress decreases dendritic branching and creates neuronal loss in CA3 region of hippocampus 4.Can also be caused by direct glucocorticoid exposure

What does the research say about how jurors comprehend and are influenced by expert witness testimony?

1.When expert witnesses have a difficult message to comprehend, jurors may weight the testimony more on peripheral cues like the credibility of the expert. 2. 2.The impact of expert testimony is weakened if it is contradicted or cross-examined. 3.Testimony that is clear, specific to issues of case, and somewhat repetitive is the most persuasive. 4.Not always placed as important, especially if jury thinks expert is a "hired gun"

Know about Uniform Marriage and Divorce Act of 1976 (goes hand in hand with BICS).

1.Wishes of the child's parents 2.Wishes of the child 3.Relationship between the child and his or her parents, siblings, and other people who affect the best interest 4.Child's adjustment to home, school, and community 5.Physical and mental health of all involved with child.

Know stats about intergenerational transmission of child abuse. What helps break the cycle of abuse?

30% of children who are maltreated abuse their own children. Breaking cycle: supportive partner, therapy, parenting classes

According to the book, how many states are authorized to use the death penalty?

32

Know the statistics of errors and mistakes in death penalty cases on page 369.

68% of death sentences were reverse because of errors at trial- 82% got lesser punishments and 7% were found not guilty. One study found 416 people wrongfully convicted and 23 put to death.

What Constitutional Amendment makes us different from many other countries in our legal practices, such as jury trials and cross examination of witnesses?

6th amendment: right to a jury trial and cross examination.

What happens when a judge drops the "dynamite charge?"

A charge to the jury in an effort to break the deadlock where the judge asks them to reexamine their views and seriously consider each other's arguments with a disposition to be convinced.

What is a syndrome?

A cluster of related symptoms that lead to a significant dysfunction in the performance of normal activities. A particular set of psychological and emotional reactions to a specific event.

what is a hung jury?

A jury that cannot reach a unanimous verdict.

what is a ward of the court?

A person (usually a minor) who has a guardian appointed by the court to care for and take responsibility for that person. The state is the supreme guardian of all children within its jurisdiction and courts have the power to intervene to protect the best interests of the child. Child reverts back to the state if parents are dead or unfit, state acts in "loco parentis" (in place of the parent)

How does the book define antisocial personality disorder?

A pervasive pattern of disregard for and violation of the rights of other, occurring since age 15 years.

What is a hostile environment?

A situation where life is made so difficult for the victim that she cannot carry out her job responsibilities.

What is rape trauma syndrome? Know the phases involved.

Acute crisis phase: lasts a few weeks and includes severe physical symptoms like sleeplessness, loss of appetite, trembling, numbness, and pain as well as severe emotional disturbance such as fear, shame, nightmares, depression, or suicide attempts. Decrease in intellectual functioning: dazed, confused, out of touch with environment. Reorganization phase: long process of recovery from rape. Victims often blame themselves for not being able to stop or avoid the attack.

Winship case addition to Gault case

Added right to decisions based on proof beyond a reasonable doubt.

Know the approximate cut-off age for infantile amnesia as suggested by the VCUG study

Age 3 at the time of the stressful event occurred appeared to be the cut-off point below which children did not exhibit any clear memory for invasive, stressful genital contact.

What is the only crime punishable by death for those states that do have the death penalty?

Aggravated murder- the definition varies but it is generally murder for hire, murder of more than one person, murder of a police officer, murder of a child, and murder during the commission of another felony (robbery, rape, drug dealing. For federal law, it includes treason, murdering a government official, using a weapon of mass destruction, and sending bombs or other lethal weapons through U.S. mail.

Know the difference between aggravating factors and mitigating factors.

Aggravating factors: characteristic of the murder and the murderer that support a death sentence (increase wrongfulness of harmful impact) vs. mitigating factors: those that support a sentence of life imprisonment (lessen blame and make execution less appropriate).

Know about hearsay testimony involving children. Know the research about it

All but 9 states allow an exception to the hearsay rule when a child is the alleged victim in a crime. Research shows testimony of adult hearsay witnesses was seen by the juror as more complete and accurate than child testimony. Jurors pay more attention to children's facial expressions to determine if they are telling the truth than what they say.

What is 'quid pro quo' harassment?

An explicit exchange where a woman must comply sexually for employment benefit.

what is a pedophile?

An individual who has recurrent, intense sexual urges or behaviors involving sexual activity with prepubescent children (usually age 13 or younger).

know the definition of a domestic violence case

Any case where the victim and defendant have a present or prior romantic relationship. Charges range from those specific to domestic violence (battery) to more general (theft, vandalism).

Know about how technology could possibly help job recruiters find good job candidates.

Aspects of personality determined from digital footprints, like openness and conscientiousness from blogs, extraversion and maturity from Facebook, and websites that categorize web data into personality dimensions.

What does the term "prisonization" refer to?

Assimilation of new inmates into the values, norms, and language of the prison.

Know Kempe (used radiological evidence of non accidental injury) and battered child syndrome and significance of his work

Battered child syndrome: Kempe developed radiological evidence of nonaccidental injury and injuries over time. His work led to mandated reporting laws (found doctors often knew about abuse but didn't report it). -First mandated reporters were physicians, but then teachers, clinical psychologists, film developers ect. required to report

What is the reasonable person standard?

Because concepts such as "offensive" are inherently subjective, a judgment must be made about whether other similar people would have experienced a particular work environment as hostile.

Best Interest of Child Law

Best interest of the child: custody arrangements should serve the best interest of the child. Goal is to put child in the most favorable environment.

Know how attorneys interact with their client when clients are children/minors. What guides attorney decision-making regarding child/minor clients?

Best interest rule: rather than giving out punishment, the juvenile court is supposed to base its decisions on the child's best interests Problem for attorneys- how does one determine a child's best interest. Represent what the child wants or what is seen as best for the child?

Are most criminal and civil disputes in the US resolved by juries?

Between 90-95% of both civil and criminal disputes are now resolved outside the courtroom.

Are juries always made up of 12 people like one might assume based on popular culture?

Can reduce to a minimum of 6 people in noncapital cases.

What is Post Traumatic Stress Disorder?

Caused by the aftermath of severe trauma. Includes re-experiencing the event, avoidance of stimuli associated with the event, negative cognitions and mood, and heightened arousal or hyper vigilance.

Causes and effects of sexual harassment

Causes: Genuine romantic interest and inability to take a hint or anger at rejection, need to dominate or humiliate. Harassment of women in traditional jobs due to desire for intimacy while those in male-dominated jobs is to undermine the woman (competitive and hostile harassment). Effects: demoralization, anxious arousal, fear, and self-blame. Negative physical symptoms, emotionally distress, and withdrawal from work.

Know about Child Sexual Abuse Accommodation Syndrome.

Child victims of sexual abuse experience feelings of helplessness, confusion, and fear which cause them to behave in ways that conceal the abuse: denial, delayed disclosure, and recanting.

As exemplified in Goodman et al.'s CCTV study, how well can jurors reach the truth when children testify?

Children who testified via CCTV were rated as less intelligent, attractive, credible, and honest, so CCTV biased jurors against child witnesses, though there was no difference in juror's verdicts. Jurors cannot always tell if a child is lying whether they testify in open court or not.

How do our legal procedures compare with those in other countries, such as Norway?

Citizens in Norway have participated in court cases not only as jurors but as "lay judges" Trial: in criminal cases in district courts, lay judges sit together with professional judges to rule on an equal basis of both the question of guilt and sentencing Appeals: If the crime carries a sentence of greater than six years, the appeal is heard by a jury consisting of five men and five women.

Is it OK in the US to sometimes have juries with less than 12 people and to reach a nonunanimous verdict that sticks? (civil)

Civil trials: in some states, the number is reduced to fewer (8,6,5) by legislative enactment or by agreement of both parties. Some states also permit a verdict to be returned despite the dissent of 1,2, or 3 jurors.

Know about the case of Furman v. Georgia.

Claimed it goes against the 8th amendment of "cruel and unusual punishment" and they ruled 5-4 that capital punishment was unconstitutional but they were divided as to why. Did not rule it out, but changed the way it was carried out.

Know about acts of commission and omission regarding child maltreatment. Please know examples of each.

Commission: physical abuse, sexual abuse, emotional/psychological abuse. Omission: physical neglect, emotional neglect, medical neglect

Controllability vs. Stability

Controllability: whether or not a person could have controlled their behavior Stability: whether the cause appears to be temporary or permanent

Know the basic (just the basic) organization of the brain as presented by Sarah Meredith.

Cortex: last to develop, higher level thinking- problem-solving, decision-making, peripheral memories, self-reflection of feelings, thoughts, and actions Hypothalamus: communicates to other structures in the brain and body, amygdala signals to it and it signals to pituitary gland. Hippocampus: hub of memory, responsible for encoding and consolidating, highly sensitive to stress hormones Amyglada: older/primitive area of brain, stores memories of fearful events, stores central details, activates fight or flight

What is the totality of circumstances test and when might it be applied?

Courts must evaluate the context of the objectionable conduct, as well as its frequency and severity in order to determine whether the conduct in question created an unlawful hostile environment.

Know about the use of closed circuit televisions (CCTV) for use with child testimony.

Courts ruled in Maryland vs. Craig that the right to face an accuser was overruled by protecting children from emotional harm. Also based on reasoning that the truth-finding function of the trial was best served by allowing children to testify via CCTV.

What is Marsy's Law in CA?

Created a victim's bill of rights. In CA, victims of violent crime must be treated with respect. Courts must consider the safety of victim and families when setting bail and release. Family members have legal standing in bail hearing, pleas, sentencing, and parole hearings.

What are rape shield laws? Do you think they are a good idea or a bad idea?

Created to prevent lawyers from delving into the sexual history of alleged rape victims at trial. Can be harmful to the victim but also may be done to show that RTS symptoms are not from a response to a different sexual assault/traumatic event in the past.

Causes and outcomes

Criminal behavior that are internal, controllable, and stable are seen as worse than external, less controllable, and unstable causes.

Is it OK in the US to sometimes have juries with less than 12 people and to reach a nonunanimous verdict that sticks? (criminal)

Criminal trials: in federal system and most states, 12 jurors must have a unanimous decision rule for criminal trials. Okay to have as few as 6 jurors or 12-member juries that use majority decision rule in some cases.

Know DSM-V criteria for PTSD for people over and under age 6

Criterion A: exposed to death or threat of death, actual or threatened serious injury or sexual violence (direct or indirect exposure) Criterion B: intrusions (flashbacks, nightmares) Criterion C: avoidance (trying not to think about it) Criterion D: negative changes in mood (fears, less interest in life) Criterion E: changes in arousal/reactivity (self destructive behavior, exaggerated startle) For children under 6: Exposure to child abuse, witnessing violence, medical procedures, car accidents, natural disasters ect. + post-traumatic play.

What are the ways that Jodi Dell mentioned that the law tries to address the Cycle of Violence?

Cycle of violence: tension building, abuse explosion, reconciliation 1. Prosecutors can use prior domestic violence to prove present crime 2. 911 calls can come into evidence 3. Warrants can issue if victims don't show 4. Having victims testify early and often (less time for cycle of violence to occur) 5. Felony offender eligible for real prison 6. Victims can receive counseling, reimbursement for losses, and relocation/security expenses.

What does the research on page 362 have to say about death qualified versus non death qualified jurors?

Death-qualified jurors: more likely to convict, more receptive to aggravating factors. More likely to be male, white, and believe murderers deserve to die. Non death qualified jurors: More likely to be liberal, African American, and liberal.

Know what DSM refers to. Especially DSM-V.

Diagnostic and Statistical Manual of Mental Disorders- most commonly used and accepted tool for diagnosing mental disorders. The DSM-V included sexual violence as constituting a traumatic event (as a requirement for PTSD).

What are legally impermissible reasons for someone to be fired and what laws are relevant when we discuss these reasons?

Discrimination based on race, color, national origin, religion, and gender. Age Discrimination in Employment Act: extends protection to people over 40. Americans with Disabilities Act: prohibits discrimination based on physical and mental disabilities.

Know what the process of death qualification is.

During voir dire, before the guilt phase begins, potential jurors in capital cases are asked about their willingness to vote for the death penalty if the defendant is found guilty. If they refuse to consider it, they cannot serve on the jury.

Know about employment at will.

Employees may be fired at will without cause or without notice, for good reasons or bad reasons, for moral or immoral reasons, or for no reason (besides restrictions of Title VII). People can also quit their jobs at any time without cause or notice.

What do the EEOC guidelines mandate that employers do?

Employers have an obligation to maintain a workplace free from harassment, intimidation, or insult. Employers must act to eliminate harassing practice and correcting damaging effects.

Know about reasonable accommodations that employers must make for employees. When do they not have to make accommodations?

Employers must make adequate adjustments based on religion and disabilities to permit employees to work effectively unless they create an "undue hardship or burden."

What is impeachment evidence in US trials?

Evidence meant to damage the credibility of a witness's statements. A defendant may sometimes be asked about prior dishonest conduct for the purpose of establishing the honesty of his or her current testimony.

What is the brutalization effect?

Executions may increase murder rates because they may weaken inhibitions against violent behavior, desensitize people to killing, and communicate the message that killing is a justifiable response.

history of juvenile courts

First juvenile court was established in Chicago, Illinois and Denver, CO in 1899. Civil court- rehabilitation rather than punishment and few due process rights.

According to your textbook, what does the research say about the use of anatomically detailed dolls and diagrams in assessing claims of child sexual abuse?

For children under 6, such dolls and diagrams increase the number of false allegations of sexual abuse

Know the basics of the Stanford Prison Study.

Guards fell into roles of verbal abuse and prisoners became passive and had emotional effects after only 6 days.

Stephen Ceci and Maggie Bruck study

Have highlighted the inaccuracies in children's eyewitness memory and suggestibility. Studies suggest that especially when multiple suggestive techniques are employed, preschool children can be led to false reports

What does generalizability refer to?

How well instruments perform outside the original population and outcome on which they were created.

What does the United States Supreme Court think of the future dangerousness standard?

In Barefoot vs. Estelle they considered whether inaccurate expert testimony is unconstitutional. Despite evidence that predictions of future danger are incorrect 2/3rds of the time, the Supreme Court upheld that expert predictions of risk are admissible in capital sentencing.

What is leniency bias?

In evenly split juries where half the jurors favor guilty and the other not guilty on the initial vote, it is more likely that the final verdict will be not guilty since there is a high standard of proof (reasonable doubt vs. almost no doubt)

What is the liberation hypothesis?

In most trials, jury verdicts are usually determined by the strength of the evidence because evidence for conviction or acquittal is compelling. However, in cases where the evidence is ambiguous or close, jurors are "liberated" from the constraints of evidence and tend to base decisions on factors like prior beliefs, past experience, or prejudice.

What is tonic immobility?

Inability to move during trauma.

In the 1980s, what happened with the rate of incarceration in the United States versus that of other industrialized societies?

Incarceration in U.S. five times higher than that of any other industrialized democracy.

What is the "story model" of juror processing and deliberations?

Information processing- use stories. 1.Use as framework for analyzing evidence and arguments 2.Use as filter to decide which evidence is relevant and should be retained and what evidence to discard. 3.Use as a memory tool to hold on to more information 4.Use as a story to persuade other jurors during deliberations.

informational influence vs. normative influence

Informational influence: jurors who change their opinions because other jurors make compelling arguments. Normative influence: jurors do not really change their minds but change their votes due to group pressure.

What is jury nullification (i.e., judicial nullification), and why might it be relevant to trials dealing with battered women as defendants?

Informs jurors that they can disregard a strict interpretation of the law if such an interpretation would result in an unjust verdict. They can impose punishment based on their commonsense view of justice rather than the law. Can make jurors more lenient towards battered women.

internal vs. external causes

Internal causes: personality or free choice External causes: powerful situational forces

What is parent coordination?

Interventions with high-conflict parents. A coordinator wants to help parents comply with court orders and parenting plans, make decisions regarding custody and visitation, reduce intense conflict, and reduce relitigation of child custody.

What does Cashmore and Parkinson's (2008) study about kids in custody cases suggest?

Interviewed 47 6-16 year olds. 91% wanted to have a say but most also didn't want to make the final decision.

Also know that expert testimony cannot, "...invade the province of the jury." But what the heck does that mean?

Invading the role of the jury as fact-finder since allowing an expert to testify about RTS may be seen as saying the woman was sexually assaulted

Crawford vs. Washington

Is cross examination the best way to reach the truth? Reformulated the standard for determining when the admission of hearsay statements is permitted under the 6th amendment. Previous cross-examination is required to admit prior testimonial statements (authority/government figure that would be the hearsay witness) of witnesses who are unavailable.

Know ethical debate on preventative detention.

Issue with holding someone in a jail or hospital because they might become violent because it is a prediction and the accuracy is not validated.

How does the Civil Rights Act of 1965 (also known as Title VIII) relate to sexual discrimination?

It added a ban on gender discrimination in addition to race discrimination.

How is modern racism different from traditional racism?

It is less extreme, less conscious, and less overt. Conduct now is attributed to nonracial factors since people want to see themselves as unbiased but they still feel discomfort and suspicion in the presence of racially different people which reveals itself in subtle ways.

Do judges tend to listen to experts in child custody cases?

Judges prefer court-appointed or neutral experts that don't offer ultimate issue testimony but instead give general picture of family dynamics. Follow instructions in 60-90% of cases though many reported expert testimony is not a top factor they rely on in reaching decisions.

What is jury nullification?

Juries may base verdicts on reasoning that ignores, disregards, or goes beyond the law because they are supposed to represent the moral conscience of the community.

In the context of jury deliberations, what is reconciliation? Do all juries engage in this stage of discourse?

Jurors reach a common understanding and agreement and make attempts to sooth hurt feelings and make everyone satisfied with the outcome. But hung juries never reach this stage.

mathematical model of juror thought

Jurors use a mental meter that moves towards either a guilty or not guilty verdict based on the weight of the evidence (which are represented as numerical weights). Some evidence can be so heavily weighted that further evidence does not shift the juror's overall judgment.

What does a 'strong juror' refer to? Is the foreperson usually a 'strong juror'?

Jurors who seem to have a disproportionate influence on the deliberation process. Usually well educated, articulate, and have high occupational status. The foreperson does not always have more influence and sometimes contributes less to the discussion because they are occupied with procedural duties. More of a moderator than a leader/controller.

Know about the proposed five-level model of expert testimony.

Level 1: Testimony on victim behaviors described by the defense as "unusual" and would describe myths held by jurors Level 2: Testimony on common victim reactions and general criteria for PTSD or RTS Level 3: Testimony on the victim's behavior or symptoms consistent with PTSD or RTS Level 4: Testimony that the victim suffers from PTSD or RTS. Level 5: Testimony that speaks to the "ultimate issue" (that the victim was sexually assaulted).

Know Elizabeth Loftus' studies of implanted memories. What are the implications of her work for the legal system

Lost in the mall study lead to 25% of people remembering an event that never occurred. Shows suggestibility of memory which could be important for recovered memories.

preventing sexually harassing behavior

Making clear sexual informality is wrong in a work place, eliminating sexual materials, and making sure hiring/promoting is gender-neutral. Increasing under represented gender to 20% or more.

Critical interpretation of Linda William's lost memory study

May not be as high as 38% overall- may largely indicate lack of willingness to disclose. Child amnesia can explain some but not all of the effect. Severity and maternal support are associated with a greater likelihood of disclosure, and dissociation may also play a role

What is the implicit association test (IAT)?

Measures how quickly people sort stimuli into particular categories and associate certain social groups with concepts by looking at response times.

Know the method and findings of Goodman et al.'s lost memory study of child sexual abuse victims.

Method: follow-up study of 174 CSA victims 12-15 years later over a phone interview. Results: 142 (81%) disclosed the target case while 26 (15%) clearly did not disclose the target case.

Know the method and results from the voiding cystourethrogram fluoroscopy (VCUG) study

Method: looked at 43 children, aged 2 to 7 at VCUG and 3 to 13 at interview. Parents provided information about what occurred during the VCUG, medical records were reviewed. Results: age was a strong predictor of both how much narrative information child provided about a stressful event involving genital contact and the accuracy of their reports.

Know what the term, 'rape myths' refers to. How might these affect trials?

Misconceptions about sexual assault, like that women don't mean it when they say no, that the typical rape is committed by a stranger, and that it is impossible to rape a woman who is unwilling. Victims respond to sexual assault in unexpected ways so RTS is a way to help explain this behavior.

What country has the most frequent jury trials in criminal cases? In civil cases?

More than 90% of the world's criminal jury trials, and nearly all of its civil jury trials, take place in the U.S.

Relationship/family-only batterer

Most common (50%) and has limited martial violence, almost no violence outside family, lack of personality disorder, and lower rates of alcohol abuse or depression.

psychological tests for parents during custody arrangements

Most evaluate parents with general psychological tests like the Minnesota Multiphasic Personality Inventory. However, many parents may fake good to hide psychological impairments and increase possibility of having a more favorable custody arrangement.

Of the people on death row, will more people die from execution or die of old age?

Most of the 3,000 prisoners on death row will die from natural causes at the current pace of execution.

What seem to be protective factors that help child/minor victims of abuse go on to live relatively normal lives?

Need to have at least one older person (mother, grandparent, sibling, teacher) who is emotionally supportive and there for the child. Someone who gives child a representation of themselves as lovable.

Does the research support that the death penalty acts as a deterrent to violent crimes, particularly murder?

No evidence that people engage in a rational weighing of costs and benefits before committing murder (most are crimes of passion), murderers are often under the influence, and most murders believe they will not be put to death or even caught. Also not clear if execution is scarier than life in prison without parole.

Today, would someone ever face the death penalty for the crime of rape? What about rape of a child?

No only if they die during the rape.

Do most democratic countries have the death penalty?

No, it is abolished in Canada, Mexico, Australia, New Zealand, South Africa, and all of Western Europe.

Can people easily ignore inadmissible testimony that they have heard?

No, jurors often cannot disregard inadmissible statements. Even if evidence is legally inadmissible, jurors will use it if they believe it will help them reach the truth.

Know what is used to calculate an Adverse Childhood Experiences (ACE) score.

Number of categories of childhood experienced are summed for a score from 0 to 5+.

Know all about parental alienation syndrome (Richard Gardner)

One parent turns the child against the other parent. Usually it is the mother accused of brainwashing the child against the father. Concern that it can contribute to false allegations of child sexual abuse- but lack of scientific support

What is Parental Alienation Syndrome?

One parent's attempt to make their children unfairly fear the other parent during a custody battle. Little scientific evidence- mostly based on Richard Gardner and testimonial evidence. Involves: 1.A large number of negative statements directed against the targeted parent by the offending one 2.Claims by the child that their negative beliefs about the targeted parent were not prompted by the other parent 3.Imagined or rehearsed scenarios where the other parents have been mean or abusive 4.Child's extreme loyalty with one parent 5.Lack of remorse for cruel acts against other parent 6.Generalized fear reaction to people associated with other parent.

What does 'beyond the ken' of jurors mean and why is it relevant to expert testimony?

Only information that will provide the jury with new and relevant information should be used, including expert testimony.

Know history of "the state" taking guardianship of a child.

Parens patriae (parent of the state): English law. In feudal times various obligations and powers collectively referred to as the "royal prerogative" were reserved for the kind, who functioned them as the "father of the country."

What constitutes if someone is "gravely disabled"?

People who are unable to arrange for their basic needs of food, shelter, and safety because of mental illness.

How does physical custody and legal custody differ? Joint custody versus sole custody?

Physical custody: how much time a child spends with each parent. Legal custody: the rights and responsibilities of parents (like what school they attend, religion, and medical care) Joint custody: shared legal custody Sole custody: one parent has legal and physical custody while the other has visitation rights

Know significance of Mary Ellen case (abused child who was not protected under human laws).

Pre: could be prosecuted for assault only on child outside the home, could be prosecuted for murdering a child only, but police could not remove a child from home for abuse or neglect Post: law/cps can remove children from home because of child maltreatment

Who decides whether or not a prison inmate receives treatment for a mental disorder?

Prison wardens.

Pros and Cons of Best Interest

Pros: No presumption that either the father or mother is entitled to custody, and needs of parents and other parties secondary to what is best for the child. Cons: vague (how much weight should be assigned to each factor?), places discretion in hands of judges who often favor maternal custody, more possibility for bias, may escalate conflict between parents, and asks courts to predict the future of what environment will be best for child in years to come

What are pro's and cons of mediation in custody disputes?

Pros: lowers court costs, eliminates need for full psychological assessment, and deescalates family conflict to clear the way for a custody agreement. Research shows couples reached decisions more quickly, were more satisfied with outcomes, and led to less conflict between parents. Cons: should be avoided in a case of spousal abuse because can provide abuser with continued access to victim, or when one parent is not competent and cannot represent themselves due to drugs/mental illness/developmental problems.

What is psychiatric symptomatology?

Psychiatric symptoms can sometimes be dormant, dampened by medication, or follow a cyclical pattern.

what are misleading questions?

Questions with yes/no responses that lead a child to say something that isn't true.

Does the research support a need for SVP laws?

Rates of re-offense for sexual crimes are often reported as being lower than other offenses. But difficult to know since many sexual crimes go unreported and offenders differ based on personal characteristics, time followed, and other crimes committed. Supreme court ruled in favor of them, and states have interest in identifying repeat offenders and creating laws to protect citizens.

What is the significance of the Ingram case in regard to the repressed memory debate?

Recovered memories of being the perpetrator of sexual abuse not the victim. But had similarities to typical cases- vulnerable and suggestible person, interviewer who suspected sexual abuse, and the use of hypnosis.

What are threats/control- overriding symptoms? Also, be able to define impulsivity.

Refer to beliefs that other people or forces are controlling one's thoughts or implanting thoughts, or that other people want to do them hard. This perceived threat overrides self-control and they are more likely to act violent (sadistic fantasies, intrusive homicidal/suicidal thoughts, self-injury). Impulsivity: inability to exert control over one's emotions, thoughts, and behaviors.

what is parole?

Releasing inmates from prison under the supervision of a parole officer before their entire sentence has been served.

What are mandatory mediation laws in regard to child custody disputes?

Require couples seeking a divorce to first attempt to reach a settlement with the help of a mediator.

What are three-strikes laws?

Require that criminals receive a long sentence or life sentence when they are convicted of a third felony. Some states have this for only sexual or violent offenders while others are more broad.

Know about the kinds of harassment cases most likely to go to court.

Requires clear harassing conduct, a plaintiff willing to endure litigation, lawyer willing to take case, witnesses to testify harassment occurred, and organization that failed to prevent or correct illegal conduct. Only egregious cases make it to court.

Know about jurors' reactions to risk assessment evidence.

Research shows jurors placed more weight on clinical testimony than actuarial testimony. Easier to understand and more directly relevant to defendant while actuarial seems more abstract, harder to understand, and less relevant.

Know what longitudinal research is.

Research that collects data over a long period of time.

outcome of Saywitz study on genital touch reporting

Scoliosis condition: None falsely reported in free recall or demonstration but 8% false report with leading question. Genital exam condition: most kids reported it when given a leading question

Understand the possibility of prisons having a criminogenic effect and what this means. Also, know what recidivism refers to.

Serving time increase the likelihood of subsequent criminal behavior. Recidivism: being rearrested and sent back to prison.

What does SVP stand for? What are SVP laws?

Sexually violent predator civil commitment laws. SVP laws allow for the civil, opposed to criminal, confinement of individuals who are about to leave prison and are found likely to commit future acts of sexual violence due to the state's authority to protect citizens from dangerous individuals (police power) and to protect citizens who cannot care for themselves (parens patriae- parent of the country-power)

Custody stats

Sole custody of the mother (68-88%) far more common than father (8-14%) and both more common than equal-sharing (2-6%).

Who informs courts/judges regarding suggested treatment plans for children/minors?

Study is often carried out by probation or a social agency.

Know the results of Linda Williams' (1994) investigation into lost memories.

Study: Williams interviewed 129 women with documented CSA with a 17 year delay and 38% failed to report, though many did report other sexual traumas.

Know the work of Loftus and Pickrell about implanting false memories.

Study: talked to parents to create a credible false story that participants had not experienced (being lost at the mall). Some false memories were elaborated more with repeated recall attempts. Results: 25% of people remembered the false event. These findings reveal that some people can be led to believe entire events happened to them through suggestibility.

difference between subject and nurturance rights

Subject rights: to vote, freedom of religion, where to live Nurturance rights: to be fed, to be schooled, medical care

What are substantiated versus unsubstantiated investigations?

Substantiated: an investigation that concludes the allegation of maltreatment was supported or founded by state law or policy. Unsubstantiated: an investigation that concludes there was not sufficient evidence under state law to conclude or suspect that the child was maltreated.

How does the APA suggest that psychology experts should approach custody disputes?

Suggest that custody evaluators gather information about: 1.Psychological best interest of the child 2.The strengths and weaknesses of the parents 3.Needs of the child 4.How well parenting attributes "fit" the needs of the child

Know the two responses judges can have to a lawyer's, "Objection!"

Sustain: judge tells jury to disregard the inadmissible statement and jurors are supposed to forget they ever heard it and not let it influence them Overrule: judge allows the evidence

Which four states are responsible for the most executions?

Texas, Virginia, Oklahoma, and Florida.

What is the approximation rule? What does it usually result in?

The custody arrangement should approximate the caretaking relationships that existed prior to the divorce in order to maintain stability. Usually results in giving mothers sole custody since they are often responsible for more pre-divorce child care duties.

What is involuntary civil commitment? What are the two criteria most states now require to hospitalize someone against his or her will?

The decision to place someone in a psychiatric facility against his or her will 1.The person suffers from a severe mental disorder that substantially affects their functioning 2.If future dangerousness is a rationale for their commitment, a mental health professional must predict that the individual will likely cause significant harm to himself or other in the near future.

What are the ways in which the death penalty is most commonly carried out (drugs, electric chair, etc.)?

The electric chair, gas chamber, and lethal injection are only used in the U.S. Lethal injection is the sole or preferred method.

Know about the Adverse Childhood Experiences Study. Why is it a special study?

The largest study ever done to examine the health and social effects of adverse childhood experiences over the lifespan (experiences that deeply affect emotional and physical health later in life) of 17,337 adults.

What does longitudinal research find about how children react to divorce?

The majority of children whose parents divorce manage to adapt and grow into psychologically healthy adults.

What does the term 'preferred custody arrangement' refer to?

The particular type of custody- either joint legal or sole physical- will be ordered by the court unless it can be shown that this preferred arrangement is not in the child's best interest.

What is the best predictor of a jury verdict?

The strength of the relevant evidence.

statues of limitations

There is a normal statue of limitations but in some states, the statue of limitations starts when the person remembers the crime. If person repressed the memory and then later remembered it as an adult, they could still prosecute or bring civil action.

Does research suggest racial bas in hiring decisions?

There is no overt discrimination but if a white and black person have similar qualifications, the white person is more likely to be hired, and interviewers may act more uncomfortable around minorities which leads to a decrease in their performance.

Is lost memory caused by repression?

There is no scientific proof that repression is responsible. Normal memory processes (self directed forgetting, avoidance) could produce similar effects, but repression cannot be completely ruled out.

What must plaintiffs in a harassment case show in order to win the case?

They must show that unwelcome verbal and physical behaviors created an intimidating or offensive environment that unreasonably interfered with job performance or restricted employment opportunities. They also have to show that the employer knew or should have known about the harassing conduct but failed to take prompt and appropriate action to remedy the situation.

what is the future dangerousness standard?

To receive the death penalty in Texas or Oregon, a sentencing jury must find beyond a reasonable doubt that "there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society."

Know characteristics of battered women.

Traditional sex-role attitudes (like believing women should be submissive), poor self-image, and a tendency to accept responsibility for the abuse. They blame themselves for abuse and become distant, and fearful that if they leave, their abuser will kill them.

In how many phases are death penalty cases carried out?

Two phases. Guilt is decided in the first phase and if they are found guilty of capital murder. In the second, the penalty phase, they decide if the sentence is death or life in prison without possibility of parole.

How did the Equal Employment Opportunity Commission (EEOC) define sexual harassment?

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Maryland vs. Craig

Use of closed-circuit television for children's testimony at trial- permits it if child would be so traumatized by testifying live in court that they can not reasonably communicate. However, rarely used in US partly due to fears of loss of impact of child's testimony and juror bias.

Understand discussion of repressed memories

Usually recovered after psychotherapy, which some psychologists see as implanting false memories. Little evidence for repression, especially since people with PTSD remember despite trying not to.

Know verdict driven versus evidence driven styles of jury deliberations.

Verdict-driven: encourages jurors to sort the evidence into two categories: supporting conviction or acquittal. Evidence-driven: first vote is postponed until after jurors have had a careful, systematic discussion of evidence.

Know about Battered Women Syndrome (BWS) and the cocktail of abuse that goes with it.

Victims of long-term abuse who encounter a 3-phase cycle of abuse: 1. Tension building (emotional tension and minor abuse) 2. Acute battering (multiple incidences of violent battery) 3. Contrition (remorse/kindness)

What are the Violence Risk Appraisal Guide and the sexual offending risk appraisal guide?

Violence risk appraisal guide: used data from 618 men who had committed a serious offense and reoffended and selected 12 variables that best predicted those who did. Had a 75% accuracy rate. Sexual offending Risk Appraisal Guide: a similar instrument that is specifically for predictions of sexual offending.

Cycle of trauma and violence

Violence/trauma often leads to other violence/trauma- important to raise children nonviolently with kindness and emotional support in infancy and beyond.

Know about the controversy surrounding learned helplessness in BWS.

Walker (who invented the term) clarified she didn't mean that the woman is "helpless" but instead has lost the ability to predict that what they do will make a particular outcome occur and learn to survive instead of escape

Know differences in results from Loftus' "Lost in the Mall" study and Pezdek's "Enema as a Child" study.

Wanted to see if it is easy to produce false memories of events more like CSA. Lost in the mall as a child study: 17-20% false memory Enema as a child study: 0% false memory for enema (for adult subjects)

What is the relevance of the Gerald Gault case, and why do we care about it today?

Went against intent of best interest of minor. Resulted in due process rights (not just for adults): 1.Right to counsel and to remain silent 2.Right to privilege against self-incrimination (5th amend) 3.Right to notice of charges 4.Right to confront and cross examine witness

Do psychotherapists ever have to disclose information that they learn from clients?

When a patient poses a serious risk of violence, therapists are obliged to take reasonable care to protect an identifiable intended victim (by notifying police or victim.) If a therapist believes information from family members is credible, that belief alone could trigger the duty to protect an identifiable victim.

negative reinforcement

When a response is maintained/increased by its leading to avoidance or stopping of a negative event. Ex: only way to get someone to stop beating you is to hit them

Should prisoners be considered "vulnerable"?

Widom: higher arrest/prison in adults who have been child abuse victims compared to control groups, especially for minorities.

Do you think it is a good idea to simplify jury instructions? Why?

Yes, instructions are often difficult due to the vagueness of legal concepts and complex style of writing.

Is sexual behavior ever allowed in the workplace? If so, does permissible sexual behavior happen more or less often than illegal sexual harassing behavior?

Yes, it is more common than illegal sexual harassment. The law doesn't try to regulate behavior that is merely crude or offensive and only severe cases that result in significant injury end up in court.

Gender gap in salaries?

Yes, women earn about 77% of what men earn and college-educated men earn $14,508 more annually.

nomothetic, quantitative (group) approach

actuarial prediction: it is based on characteristics identified in research on large groups of people and it relies on statistics.

correlates of child neglect

associated with development lags (like language), lower IQ, avoidance of social relations, aggression, increased likelihood of delinquency/crime

correlates of physical abuse

associated with lower IQ, poor school performance, greater aggression, increased likelihood of delinquency/crime, drug use

correlates of sexual abuse

associated with sexual problems, dissociation, depression, suicide attempts, substance abuse

interally-focused coping

attempts to manage cognitive and emotional reactions by ignoring behavior, telling herself behavior does not matter, or blame herself or attribute it to loneliness/lack of social skills.

intake

begins when minor is arrested. Detained/ PC'ed (protective custody): screening to make sure the court has jurisdiction (age of child, where they live)

false memories results

being told you experienced a false event leaves a memory trace, over time lose of tag that it was merely a suggestion, and it becomes combined with other knowledge and memories about malls, being lost, ect.

Tender years doctrine

children of a young age and all female children were supposed to be placed with the mother unless there were extenuating circumstances. (1899)

Equal custody presumption

children spend equal time living with each parent unless evidence suggests this is impractical. Helps give fathers more time with children

idiographic, qualitative approach

clinical prediction: focuses on a specific individual and relies on subjective judgments made by a clinical psychologist.

borderline personality batterers

common in abusers who have unstable relationships, dramatic mood swings, manipulation, intense fear of abandonment, and impulsive outburst. May appear normal but jealousy surfaces in relationships, less likely to raise suspicion of family and friends.

Primary caretaker rule

courts should award primary custody to the parent who was primarily responsible for raising the child prior to the divorce based on which parent buys and washes the children's clothes, who bathes and grooms child, who disciplines and helps with homework, who cares for child when ill, and who arranges for child to spend time with friends (resulted in custody to mothers in over 80% of cases).

avoidant attachment

cries relatively little during separation and actively avoids parent upon reunion. Engages in "displacement" exploratory activity. Rooted in parental rejection, coolness, discomfort with negative emotions and physical contact.

ex post facto laws

criminally punish individuals with a penalty that they did not know was possible when they committed the act.

open conflict

differences in opinion amongst the jury become apparent and coalitions may form between members. Tone becomes more challenging and there is persuasion to reach a verdict.

Reasonable woman standard

different standards since males and females have different views of sexual harassment. Controversial since the effect of gender differences is small, inconsistent with legal standards (cannot do religious vs. nonreligious person), and lends to sexist attitudes that women need special protection.

historical markers

do not change over time, are art of a person's history, and cannot be changed through intervention like past violent behavior, young age at first offense, early abuse of alcohol, major mental disorders, psychopathy, maladjustment at home/school, attempted escape from psychiatric facilities, and personality disorder. Helpful because past behavior is the strongest predictor of future behavior.

double jeopardy

double punishment for the same crime

Characteristics of batterers

extremely jealous, afraid of abandonment, suspicious of partner's friends and family, strict control and restriction.

dynamic markers

fluctuate over time- moods, attitudes and thought processes that can be responsive to treatment. Include lack of insight into oneself or others, feelings of anger and hostility, physical aggression, psychiatric symptomatology, and lack of responsiveness to treatment.

supermax

for especially dangerous criminals or inmates transferred due to severe behavioral problems.

federal prisons

for people who break federal laws, like multistate conspiracies and drug offenders.

Suggestive interviewing trailer study:

found children were quite resistant to abuse-related false (suggestive) questions. Only four-year old bystanders had a slight commission error of reporting a false event.

prison

hold convicted criminals for long periods of times.

distributive justice

how available rewards are distributed or divided up among members of a group. Relationship between contributions and outcomes.

study/social investigation

information to help the judge determine the treatment plan for the child; often the study is carried out by probation or a social agency

unstructured clinical judgment

intuitive approaches where no rules specify how a clinician should collect and combine information about predicting future violence.

story model

jurors create stories to make sense of the evidence presented at trial based on cause and effect: events cause characters to have psychological response and to form goals that motivate actions that lead to consequences

Generally violent antisocial batterer (GVA)

less selectively violent, but predisposed to violent behavior. Antisocial, prone to impulsive behavior, and dependent on alcohol/drugs. Are often in denial and more likely to abuse future partners.

sentencing guidelines

list factors that should be considered when determining a sentence like type of crime, visiciousness, prior criminal record, circumstances of offense, and average sentence of similar crimes.

determinate sentencing

mandatory sentencing, requires judges to hang down a sentence that falls within a pre-specified range if a defendant is found guilty.

anxious/ambivalent attachment

more crying, separation anxiety, and anger. Lacks confidence that parent will be accessible and responsive. Preoccupation interferes with exploration. Attachment behaviors has low threshold for activation. Fussy, angry, immature. Rooted in parental anxiety and uncertainty/insensitivity to child's signals, intrusiveness, and inconsistency.

open-security federal prisons

nonviolent drug offenses or white-collar crimes like insider trading, fraud, or embezzlement.

disparate treatment

occurs when an employer treats some workers less favorably because of some personal characteristic, such as race, gender, or religion.

learned helplessness

over time, women who endure long-term abuse become resigned to their suffering and fail to resist or leave their abuser, even when they may be able to do so.

reactance theory

people are motivated to maintain their freedom and take being told to disregard evidence as a threat, and give it more weight.

attachment avoidance

people high in this prefer not to rely on others or open up to others. People low in it are comfortable being intimate with others and are secure with depending upon people.

attachment anxiety

people high in this worry about whether their partner is available, responsive, and attentive. People low in attachment anxiety are more secure in the perceived responsiveness of their partners.

false negative

people predicted to be nonviolent who later become violent

procedural justice

perceived fairness of the procedures and rules used to allocate benefits. How outcomes are decided.

externally focused coping

practical efforts to manage by avoid contact, appeasing them, or telling them to stop/alerting others.

False positive

predictions of violence that did not become true

actuarial prediction

requires that relevant risk factors be systematically combined (typically using statistics) to calculate an estimate of future violence. Researchers uncover risk characteristics that best predict violent behavior and find factors correlated with future violence.

secure attachment

seems confident that parent is accessible and responsible. Is competent, exploration-oriented, and affectively positive. Soothes easily. Shows early empathy, communicates clearly about feelings, solves problems effectively. Parents are sensitive, empathetic, and have discussions of emotions

jails

short-term holding cells operated by cities or counties and administered by local authorities or for misdemeanor offenders with less than a year. Where potentially dangerous defendants charged with serious crimes are held before and during trial.

sam stone study

stereotype induction: repeatedly told Sam Stone was clumsy and always ruining things. Sam came into classroom and didn't do anything clumsy but children were given repeated suggestions that he had been. Found 3-4 year olds made high percentage of errors. Decreased if asked if they "really saw it" or if gently challenged or source monitored. 5 to 6 year olds not as error prone but still made mistakes.

disorganized attachment

tend to show strange behavior at reunion. Parents with a history of trauma/childhood abuse. Grossly disturbed internal working models of relationships leads to interpersonal/behavioral difficulties. Early experience of neglect, abuse, abrupt changes in caregivers between 6 months and 3 years.

interactional justice

the consideration and care shown by the people who have power to allocate rewards and how people are treated.

adjudication

the courts weighing of the evidence and decides if the child is abused and/or neglected or delinquent

disposition

the judge's decision; for instance, it may be to return the child home or to place the child in foster care or a group home. In delinquency cases, a goal was to keep youth out of adult jails and prisons.

Is it more expensive to have the death penalty or not have the death penalty?

to have it

Know the method of Saywitz et al. study on genital touch reporting.

wanted to see how accurate children are about genital touch when interviews use a funnel approach- will they reveal it in free recall and does leading questioning affect true and false reports of genital touch? -Genital touch condition included a full check-up, including a genital exam while no genital touch had a scoliosis exam instead. -all children interviewed with 1. Free recall 2. Ad doll demonstration 3. A mix of specific and misleading questions

True positive

when a person who was predicted not to become violent turns out not to be violent

adverse impact

when employment practices that may not look discriminatory on the surface result in discriminating against a certain group. When treating all employees the same may systematically prevent some from receiving job benefits.

ironic processes

when we make an effort to not think about something, that thing often dominates our thoughts, especially if we are under stress or our mental capacity is already in use

predictors of nondisclosure/lost memory

young age, less severe abuse, lack of maternal support, higher dissociation scores