Forensic and Legal Psychology Final Test (Part 2: Previous Notes)

Studies show what percent of wrongful convictions involve false confessions?

20%-30%

How does stress effect memory?

High stress events lead to less accurate memories

Why theoretically might judges be better?

Judges are viewed as perfectly impartial

How do juries process info?

Mathematical models Explanation-based models

Does science or law have more tolerance for uncertainty?

Science

Individualization

"....to the exclusion of all others"

Use of "as to"

"As to any question to which an objection was sustained, you must not speculate as to what the answer might have been or as to the reason for the objection." "As to" is problematic -> literary, somewhat anachronistic, meaning is vague

What is profiling?

"Criminal profiling is the process of using information from the crime and crime scene to create a profile or portrait of the unknown perpetrator."

R-CRAS item example

"Delusions of the time of the alleged crime "-(0) no info -(1) delusions absent -(2) suspect delusions -(3) definite delusions that contributed to but weren't the predominate force in the commission of the alleged crime -(4) definite controlling delusions, on the basis of which the alleged crime was committed

Positive Comparison Test (PCT) example

"Did you kidnap Samantha?"(tell the truth) (-) "Did you kidnap Samantha?"(lie)

Simple match example

"Glass found on the defendant is consistent with the glass found at the crime scene"

Comparison question test (CQT) example

"Have you ever lied to get out of trouble" (-) "Did you kidnap Samantha?"

Relevant-irrelevant test (RIT) example

"Is the sky blue?" (-) "Did you kidnap Samantha?"

Qualitative statement example

"It is possible that the bite mark came from the suspect" "The bite mark left on the victim strongly matches the defendant"

Admissibility - three-prong test - Dyas v. United States (battered woman syndrome)

"Must be so distinctly related to some science, profession, business or occupation as to be beyond the ken of the average layman." "The witness [must] have sufficient skill, knowledge, or experience in that field or calling as to make it appear that his opinion or inference will probably aid the trier in his search for truth." Expert testimony is inadmissible if "the state of the pertinent art or scientific knowledge does not permit a reasonable opinion to be asserted even by an expert."

Use of double or triple negatives

"She did not misunderstand me"

Match plus statistics example

"The size 10 shoe impression left at the crime scene matches the defendant's shoe size. Over 5 million people in the US wear size 10"

Preinstructions

"This defendant is presumed innocent until proven guilty" Decreases conviction rate

Rape (Department of justice revised definition)

"the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim"

Perebooms argument against compatibilism

(1) If one agent's decision is manipulated by another agent, then that first agent's action is not freely willed. (2) There is no difference between a manipulation by another agent and causation by a causal factor external to the agent. (3) On determinism, all of an agent's actions are determined (causally influenced) by at least some factors beyond that agent's control. (4) Therefore, on determinism, no agent can be said to freely will their actions (or be morally responsible for them). (from 1, 2 and 3) (5) Compatibilism holds that free will and moral responsibility are compatible with determinism. (6) Therefore compatibilism must be false. (from 4 and 5)

MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA)

22-item test Bar fight vignette for the first 16 test items

Adam Walsh Child Protection and Safety Act (2008)

**

Competency to Stand Trial Screening Test (CSTST)

22-item, sentence-completion test (NIMH)

Since 1900 how many people were wrongfully executed when innocent

23

Nonlethal violence (intimate partner violence)

1 in 5 women will be assaulted by partner; 1 in 14 men likely to suffer abuse

Stockl et al. (2013) (intimate partner violence)

1 in 7 homicides and specifically 1 in 3 female homicides are caused by an intimate partner

What percentage of cases (that actually go to trial) is the insanity defense used?

1%

Of the 1% of cases that the insanity defensed is used what percent is successful ending in NGRI

25%

State court requires what type of verdict (misdemeanor cases)

26 states require unanimous verdict

National Institute for Child Health and Human Development (NICHD) - Investigative interview protocol; how many phases

3 phases

GBMI is permitted in how many states

20

When avoiding something (ironic processes)

1. conscious processes actively help to draw attention away from thing to be avoided 2. unconscious processes actively monitor for information that is to be avoided Problem: the unconscious processes are actually increasing the information we want to avoid

When there are cross-racial identifications how much more likely are misidentifications?

1.5 times

Civil trials in state courts require what kind of verdict

1/3 of states use majority

HCR-20 (SPJ assessment)

10 historical 5 dynamic/clinical 5 risk management items

Size of a jury

12 people

Leichtman and Ceci (1995) (Child Maltreatment) Participants

176 preschoolers enrolled in private day-care centers 2 age groups (Early preschoolers (3-4 years old) Preschoolers (5-6 years old))

When was there a change in overt physicality in confessions?

1930's

Notorious cases of child maltreatment

1982: Kern County child abuse cases, CA 1983 - 1990: McMartin Preschool, CA 1988: Thurston County ritual abuse case, WA 1989 - 1995: Little Rascals Day Care Center, NC 1991: Orkney child abuse scandal, Scotland 1985: Wee Care Nursery School, NJ

How long should interrogations last?

2 hours

Around what percent of people confess when interrogated?

39% - 45% (another 13% - 16% make damaging statements)

In the example of R-CRAS what would John Hinkley Jr. Score?

4

Kassin and Neumann (1997) set up

4 types of trials (murder, rape, assault, theft)4 types of evidence (no evidence control, weak circumstantial evidence plus: confession, eyewitness ID, or character testimony)

1985: Wee Care Nursery School, NJ

4 year old during a rectal temp check by nurse("That's what my teacher does to me at school" "Her takes my temperature") Social workers and therapists collected testimony from 51 children from the day care centerLetters sent to parents Social worker sessions with parents Group sessions with children

Since 1900 how many people were wrongfully convicted?

416

State court requires what type of verdict (criminal cases)

44 require unanimous

Split juries

50/50 guilt-innocent Tend to end with not guilty vote

What are the differences between 12 and 6 person juries

6 Person juries are more variable and less predictable and decide cases faster 12 Person juries give consistent verdicts and have less variability, deliberate more, generate more arguments, better recall evidence, and better representation of the community

How long do false confession interrogations typically last?

6 hours or longer

Grove, Zald, Lebow, Smitz, and Nelson Results

64 showed the actuarial method outperforming the clinical method 64 showed equivalence of methods 8 favored the clinical method

Errors in death penalty cases

68% of death sentences reversed due to errors at trial

Independent polygraph research classification rates

74% correctly classified as guilty (TP) 68% correctly classified as innocent (TN) 16% classified as guilty but are actually innocent (FP) 21% classified as innocent but are actually guilty (FN) 10% - 30% typically cannot be classified

What percent of jurors believe it would be helpful to hear from an expert on interrogations?

75%

What percent of false confessions occur in murder cases?

80%

What happened when the death sentence was reversed and the cases were retried?

82% given lesser punishment 7% found not guilty

What percent of false confessions occur in rape cases?

9%

Directive prompts

A cued-recall prompt that focuses the child's attention on info already mentioned and requests additional info of a specific sort, typically using wh-questions (who, what, when, where, how)

Hierarchical Compatibilism

A decision can be said to be free if it is caused by a first-order desire (e.g. I want some chocolate) that is reflexively endorsed by a second-order desire (e.g. I want to want some chocolate).

How might a video of the confession help?

A lot of important detail (including non-verbal info) is visual Objective record of events Reduces note taking Can clear false allegations of police abuse

What is memory?

A neural representation (an electrochemical pattern) of an event

authentic coerced false confession

A result of a long or intense interrogation during which a suspect becomes convinced, even temporarily, that she or he may have actually committed the crime.

What changes did Insanity Defense Reform Act of 1984 make

A shift in the burden of proof Eliminated the volitional (control capacity) prong Limited the role of the expert Mental illness had to be severe

What is the Reid technique?

A system for interrogation in 9 main steps Formalized coercion technique

Cued invitation prompts

A type of invitation that refocuses the child's attention on details she/he mentioned of uses them as cues to prompt further free-recall of info

Individual interest in risk assessment

Interest in being protected from harassment and arbitrary arrest and detention

Which insanity test would the R-CRAS theoretically be most relevant to?

ALI because of volitional prong

Problems with fMRI

Activation of parieto-frontal and limbic areas does not mean someone has lied Not everyone shows the same neural response to lying (where are the cutoffs?) Incredibly expensive

Psychopathology

Actual disorders like schizophrenia

STATIC-2002R

Actuarial assessment

Level of Service Inventory-Revised (LSI-R)

Actuarial assessment Risk of recidivism and nonsexual violence 10 domains assessed (criminal history, education/employment, financial (family/marital), accommodation, leisure/recreation, companions, alcohol/drug problem, emotional/personal, attitudes/orientation)

Einhorn results

Actuarial formula achieved modest success at prediction No relationship between the clinicians' predictions and survival time Not only was the actuarial method better -> it was able to harness the predictive value of the information even though it was the clinicians that provided it

Violence Risk Appraisal Guide (VRAG)

Actuarial risk assessment Based on data from 618 men with prior histories of significant violence, initially confined at a facility in Canada Historical predictors

Recovery from rape is two stage process

Acute crisis phase Reorganization phase

What roles do psychologists contribute to law?

Advisors Evaluators Reformers

Style of inquiry (law)

Advocate for client Argue what will win the case not what you believe is true I'm right and you're wrong

Challenges to predicting behavior

Base rate/prior probabilities Human behavior is complex (or models don't always account for these effects or their measures can be unreliable)

Risk factors of a false confession

Age (32% are under age of 18) Mental illness (more typically in the voluntary - authentic type)Intellectual impairment Low self-esteem Poor memory High anxiety

Mental health costs of intimate partner violence

Alcohol and drug abuse Eating and sleep disorders Physical inactivity Poor self-esteem Post-traumatic stress disorder Depression Anxiety Thoughts of suicide and attempted suicide

Megan's Law (1996)

Amended Wetterling to require community notification to the public

1985: Wee Care Nursery School, NJ Convictions How did she win her appeal?

Amicus brief

Deception

An act that is intended to foster in another person a belief or understanding which the deceiver considers false False communication that tends to benefit the communicator

Invitation prompts

An open-ended request that the child recall info about the incident Can be formulated as a statement, question, or imperative

Brutalization effect

An outcome of capital punishment that enhances, rather than deters, the level of violence in society. The death penalty reinforces the view that violence is an appropriate response to provocation.

Three-Drug Protocol for lethal injection

Anesthetic (usually sodium thiopental, until pentobarbital was introduced at the end of 2010) Pancuronium bromide (a paralytic agent, also called Pavulon) Potassium chloride (stops the heart and causes death)

Who can falsely confess?

Anyone

General Electric v. Joiner

Appellate courts refer to trial court

Criticisms of Profiling

Arm chair thinking Untested Use of non-randomized data Lack of valid and reliable measures Falsifiability Ambiguous and general speculations Prodigious use of typologies Flawed basic assumptions

Profilers have typologies specific to...

Arsonists Rapists Pedophiles Female serial killers

Instrumental Coerced false confession

As a result of a long or intense interrogation, a suspect falsely confesses to a crime to end the interrogation or because he or she becomes convinced that confession is his or her best option.

In what situations are risk assessments made

By psychotherapists In the workplace For sex offendersFor the death penalty Parole Commitment hearings

Classic demonstration of normative influence

Asch's line studies

Relevant-irrelevant test (RIT)

Asks a series of relevant and irrelevant questions to determine deception but is subject to error

Insanity looks at what...

Assess defendant's mental state at the time of the crime

Organized murder characteristics

At least average in intelligence Interpersonally competent Skilled work preferred Sexually competent Inconsistent childhood discipline Controlled mood during crime Precipitating situational stress Follows media accounts of his crime High geographic mobility

When is competency relevant?

At trial

What could be goals of an interrogation?

Attain an alibi Get new evidence Record a confession Remove a person as a potential suspect

John Hinckley Jr.

Attempted to assassinate Reagan

What other modes can instructions be presented in

Audio Flow chart

Some previous "forgotten" events are real

Authentic ones are usually unprompted Trauma -> one time event

Acute battering stage (battered woman syndrome)

Battered-hitting, slapping, kicking, choking, use of objects or weapons Verbal threats and abuse

Base rate/prior probability (problem with predicting behavior)

Bayes theorem

How should experts give testimony?

Be clear Go slow if necessary Be specific to the case facts Be repetitive

ALI - MPC - substantial capacity test - or Brawner Standard

Because of mental disease or defect, he/she lacks the substantial capacity to either:-appreciate the wrongfulness of conduct-or to conform conduct to the requirements of law

Reports of children likely contaminated/unreliable if...

Begin interview with belief that abuse has occurred Interviews repeated with biased interview style Delay between alleged abuse and interview

Disorganized murder characteristics

Below average in intelligence Interpersonally incompetent Prefers unskilled work Sexually incompetent Harsh childhood discipline Anxious mood during crime Minimal situational stress Minimal interest in news media crime Lives/works near crime scene

What percentage of insanity defense cases involve murder?

Between 10% and 23%

How do we decide on death?

Bifurcated trial process Aggravating vs. mitigating factors

Bend-over-backwards effect

Black defendants can be treated too leniently

McClesky v. Kemp (1987)

Black man, killed white cop Jury chose death penalty McClesky argued sentencing process was administered in a racially discriminatory way (Baldus studies)

Ways to improve eyewitness accuracy

Blind lineup Bias-reducing instructions Unbiased lineup Confidence ratings Sequential lineups Video recording Expert testimony Cognitive interview

Dr. John Augustus Larson

Blood pressure and breathing polygraph Developed standardized approaches to using polygraphs

Dr. William Marston

Blood pressure polygraph

Federal prison

Breaking federal law

Historical types of execution

Breaking wheel (bludgeoned) Boiling to death Gibbeting (hanged in chains) Guillotine Hanged Shot Asphyxiation Pressing Electrocution Burned Injection

Cognitive interview

Build Rapport Using open-ended questions Recreate the context of the original event and ask the witness to report in detail the crime Ask for more details Reads statements back and asks for omission or errors

Sexual violent predator civil commitment (SVP)

Commit certain dangerous sex offenders to state-run detention facilities following the completion of their sentence Commitment time is typically indefinite Periodic reviews are conductedIf criteria is no longer met -> must be released

Examples of aggravating factors

Committed killing in the perpetration of a felony Victim is public servant Torture

Which polygraph test is better?

CQT better than RIT

What is the most common evaluation by forensic psychologists

CST

Contrition stage (battered woman syndrome)

Calm stage (this stage may decrease over time)Partner may deny violence, say he/she was drunk, say he/she is sorry, and promise it will never happen again

Why isn't lethal injection more humane for prisoner?

Can feel like drowning or burning Botched executions

Falsifiability

Can the claim be disproved?

Does deterrence through the law or correctional system work?

Can't randomly assign people to go to prison or not Some recidivism estimates may be inflated Having some punishment appears to be useful No strong evidence general deterrence works

Olympic Bomber

Caught wrong person at first Not accurate profile

Unconscious transference ex:

Chapple case Dr. Donald Thompson case

1982: Kern County child abuse cases, CA

Claims of Satan sex ring; 60 children testifying they had been abused. Over 30 convicted and most cases later overturned. Two died in prison.

1983 - 1990: McMartin Preschool, CA

Claims of wide ritual abuse stemming from one case Years of trials and no convictions

Do jurors prefer actuarial or clinical?

Clinical

Two methods forensic psychologists use to predict violence

Clinical and actuarial

Why do jurors prefer clinical judgment?

Clinical testimony is easier to understand for jurors; can't understand math

Alternative Methods to polygraph

Cognitive load Lying is more cognitively demanding

Stereotype + Suggestion condition Leichtman and Ceci (1995) (Child Maltreatment)

Combined the experimental interventions given to both of the above experimental groups

Clinical prediction at its core

Combines and processes info in one's own head The ultimate decision is a human

Insanity is an issue when

Commission of the crime

Reconciliation

Common understanding and agreement Attempt to be satisfied with verdict

For competency to stand trial (CST) the defendant must be able to

Communicate with your counsel Act appropriately Make appropriate decisions

What ways have psychologists, sociologists, and criminologists studied the death penalty

Compare states with it to nearby states without it Change in murder rate as DP decreases murder rate

Specific CST measures

Competency to Stand Trial Screening Test (CSTST) The Competency to Stand Trial Assessment Instrument (CSTAI) Georgia Court Competency Test (GCCT) The Interdisciplinary Fitness Interview (IFI/IFI-R) MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA)

Too many embeddings

Complex sentences are often constructed by combining two or more simple sentences More embedding makes sentences harder to process

Problems with classifying "matches"

Conclusions drawn vary depending on the type of evidence and specific forensic evaluator Many statements are highly subjective and meaningless Error rates, false positive rates, etc. are either not known in some cases and rather presented and understood by jury Exaggerate claims (Can't truly exclude all other sources Falsely perceive match is certain)

Types of releases for NGRI individuals

Conditional release (essentially parole) Unconditional release

What are the three roles an expert can take for expert testimony

Conduit-educator Philosophy-advocate Hired gun

Confidence ratings

Confidence statement at time of identification (before you think you picked right)

Relationship factors in predicting intimate partner violence

Conflict or dissatisfaction in the relationship Economic stress Disparity in educational attainment or income -> woman has a higher level of education or income than her male partner Sexual infidelity/suspected infidelity Jealousy

Normative influence

Conforming out of a desire to be liked

Neural circuit proposed for implicit memory

Connections only go in one direction

Reliability

Consistency of a measure

Story model

Construct a story of the crime and evidence

Leichtman and Ceci (1995) (Child Maltreatment) Results

Control condition (Preschooler's - no errors Early preschooler's- largely void of errors) Stereotype condition (Preschooler's - small error rate Early preschooler's - small to moderate error rate) Suggestion condition (Preschooler's - small to moderate error rate Early preschooler's - large error rate) Stereotype + suggestion condition (Preschooler's - Moderate error rate Early preschooler's - HUGE error rate)

What are the four conditions Leichtman and Ceci (1995) (Child Maltreatment)

Control condition Stereotype condition Suggestion condition Stereotype + Suggestion condition

Ronald Cotton

Convicted of rape by victim who identified him

Strengths of Geographic Profiling

Could help narrow our search and direct patrols more efficiently

Who should be the safeguard for juveniles?

Court appointed attorney or child advocate

Sell v. U.S.

Court case decided that government can force medicate mentally ill defendant to render him competent to stand trial

Geographical profiling (criminal spatial mapping)

Criminals often stay in and are likely to be caught in a geographical comfort zone Can use data from where past crimes were committed to predict where they might live Computer programs and statistical techniques

Legal critique (battered woman syndrome)

Courts disagree on if it's a justification or excuse (Courts fear that juries will misconstrue BWS testimony as suggesting that the defendant possesses a diminished capacity or lack of responsibility for the act) Paints women as irrational sufferers of a mental health disorder incapable of self-control Men and women held to different standards

Do courts allow profiling as evidence

Courts usually reject testimony based on the defendant fitting a general profile Same with psychological autopsies Courts want to know about that case not many cases like it

In the story model jurors/juries assess stories based on.....

Coverage Coherence Uniqueness Goodness of fit

What happened after cops could no longer overtly be physical with suspects?

Covert physical acts (deprivation, intimidation, isolation)

Death qualified jurors

Cowan et al (a) Cowan et al (b)

Cowan et al (1984a) found

Created juries that were all death qualified versus juries that had some Witherspoon excludables Death qualified juries were more likely to convict Juries with Witherspoon excludables had better recall of the evidence, took the deliberations more seriously, and were more critical of witnesses

Profiling Model are based on what logic?

Crime scene info -> offender type -> behavioral and personality characteristics

Modern statistical approaches to profiling model

Crime scene info -> statistical model applied -> basic demographics

Why aren't perceived costs/punishments more powerful?

Criminals may process rewards and punishments differently

Method of science

Data Egalitarian (individualistic) Future oriented

What trilogy effected expert testimony?

Daubert Trilogy

What cases are in the Daubert trilogy?

Daubert v. Merrell Dow Pharmaceuticals, Inc. General Electric v. Joiner Kumho tire v. Carmichael

Cowan et (1984b) found

Death qualified juries interpret evidence more favorable to the prosecutor Death qualified juries paid more attention to aggravating factors and less receptive to mitigating factors

Sentencing/penalty phase

Deciding between death penalty and life with no chance of parole

Actuarial method in Leli and Filskov study

Decision rule based on previous research (results from patients change in intelligence as measured by the Wechsler‐Bellevue Intelligence Scale)

What are the pressures of interrogation?

Decrease regulatory processes Short-sightedness

GBMI sentences

Defendants who pleaded insanity and were found GBMI received harsher sentences than their guilty counterparts

Preponderance of evidence

Defense has to prove that it's more likely than not that the defendant is incompetent

Mission

Eliminate certain class of people (e.g., prostitutes, particular racial groups) or achieve a defined objective

Social isolation

Deprive them of emotional support making them feel alone

Major challenge to compatibilist

Derk Pereboom

Rapport building phase (National Institute for Child Health and Human Development (NICHD) - Investigative interview protocol)

Describe a birthday

Three strikes laws

Determinate sentencing Longer or life sentence with third felony conviction

How prevalent is rape?

Difficult to estimate National Violence Against Women Survey (17.6% of the surveyed women & 3% of the surveyed men reported having experienced a completed or attempted rape in their lifetime Estimates vary widely Some research considers the lack of verbal consent to be rape Methodology can be controversial)

How common is intimate partner violence?

Difficult to estimate There are okay estimates of extreme physical (e.g., homicide) but less precise estimates on less extreme forms

What factors affect eyewitness memories

Diguises Duration of eyewitness's exposure to the crime

Reid Technique

Direct confrontation Shift blame by offering excuses (theme development)Minimize the frequency of denials Overcoming objections (accused will often give a reason why he or she did not or could not commit the crime) Reinforce sincerity Offer alternatives Pose the "alternative question", giving two choices for what happened; one more socially acceptable than the other Once the suspect chooses an alternative, the confession has begun Lead the suspect to repeat the admission of guilt in front of witnesses Document the suspect's admission

Why use expert testimony as a solution to false confessions

Disputed confession can be reviewed by an expert Discuss research on false confessions Things to look for in false confessions Can review the video taped confession and talk about it

Validity

Does it measure what it says it measures

Coverage (story model)

Does story account for evidence presented?

Why doesn't DARE work?

Doesn't have peer engagement Doesn't develop social skills Doesn't teach behavioral norms Sometimes incorrect info is communicated

What should you do when being interrogated?

Don't talk with police Always get a lawyer

Exception to not allowing profiling in court

Drug courier profile Exclusive use of public transportation, immediately making a telephone call after deplaning, routinely fly to or from cities considered to be narcotics-source cities (Detroit, Miami, etc.)

Arizona v. Chapple

Drug deal gone wrong Two witnesses convicted Dolan Chapple Saw him originally in photo lineup Didn't identify him A year after the crime they identify him as Dee

What happens if the defendant is found incompetent to stand trial

Drugs to get them competent

M'Naghten rule

Due to defect of reason, from disease of teh mind, he/she doesn't know:-the nature of the quality of the criminal act he/she committed- or that the act was wrong

CST is defined in what court case?

Dusky v. U.S.

Use of passives in subordinate clauses

E.g., "A movie is going to be watched by us tonight" OR "I thought that John had been kissed by Mary."

Explanation-based models

Emphasize jurors' cognitive organization or representation of the evidence Heuristic-systematic model Story model

Probability Theory

Enables the user to make decisions that take into consideration conditions of risk

How are science and law similar?

Each has a code of ethics Each has passionate advocates Each wishes to contribute something Each is involved in our everyday lives

In what process of the memory model is info lost?

Each process

Who has studied the death penalty and believes it is a deterrence

Economists

Testimony can.... (rape trauma syndrome)

Educate jurors about victim reactions Disabuse common juror misconceptions

Are NGRI individuals more or less dangerous compared to other felons when they get out?

Either no difference or NGRI individuals recidivate less

Can we actually detect lies (studies)

Ekman and O'Sullivan (1991) Kassin, Meissner, and Norwick (2005) Bond and DePaulo (2006)

What impact do attitudes and expectations have on memory?

Elements typical of crime scripts but not actually presented to participants become part of people's memories Having scripts is generally good, but can negatively impact memory accuracy

What was the Sam Stone scenario Leichtman and Ceci (1995) (Child Maltreatment)

Entered each of the 8 day-care classrooms, and enacted the same script before the students in each group Entered the classroom and said hello to a teacher, he was introduced by the teacher, he commented on the story that was being read to the children by the teacher ("I know that story; it's one of my favorites!"), and strolled around the perimeter of the classroom. Finally, he departed, waving goodbye to the children. In each case, the entire event was timed and lasted approximately 2 min.

What point of view should there be in a video recording?

Equal-focus perspective

Einhorn actuarial method

Equation based on the same histological dimensions that the pathologists thought were important Exploratory techniques were done on the first 93 casesThe remaining 100 cases were used to cross-validate

Science is based on promoting

Evidence

Inconclusive

Evidence is contaminated, incomplete, or cannot be analyzed

What is forensic evidence?

Evidence relating to law Might be scientific but might not be

What style of deliberation produces more careful and probing discussions

Evidence-driven style

Second prong of Manson Criteria

Examine five criteria in deciding whether the ID was so unreliable that it should be excluded at trial

The issue of insanity does what?

Excuse defense to criminal responsibility Due to mental illness -> lack moral responsibility -> not be punished

Common criticisms of determinate sentencing

Expensive Sentence imposed during time when they may age out

What are the pathways for influence of psychology on law?

Expert testimony Amicus briefs Legislation Education (cross-disciplinary training) Through the public

Serial position effect is what type of memory effect

Explicit memory

Exposure to mug shots does what

Exposure to more faces decreases accuracy

Memory model

External inputs -> encoding -> storage -> retrieval

Contextual Bias

Extraneous influences (emotion, expectations, motivation) causing erroneous decisions Detective says that he has a suspect and he needs you to match up his bite mark

Pinizotto and Finkel Critics

Extremely small samples Couldn't rule out alternative hypotheses Lack of control (self-selection, time spent on case)Accuracy rates not classification rates

Weapon focus

Eyewitnesses focus on one important aspect of an event and ignore details Some information is never even encoded in the first place because it is not attended to -> memory process most effectd is sensory

Who is more at risk for intimate partner violence?

Fast life history strategy

1991: Orkney child abuse scandal, Scotland

Father charged with sexual abuse of children. Judge: "these proceedings are so fatally flawed as to be incompetent"

Unconscious Transference

Face seen in one context transferred to another

Four types of prompts in child interviews

Facilitator Invitation Cued invitation Directive

Estimator Variables

Factors outside legal system control

Mitigating factors

Factors that reduce the blameworthiness of the defendant The jury can receive mitigating information that would not be allowed in the guilt phase In some jurisdictions, even if one juror finds one mitigating factor then life in prison not death Others say, "If the mitigating factors outweigh the aggravating factors or are of equal weight... sentence the defendant to life imprisonment"

System variables

Factors under legal system control

Why can GKT only be used in a small number of cases?

Facts may be publicized Need enough to question them on

How do we explain the phenomenon of false memories?

False memories Can be implanted - like by therapists in the 90s

What distinguishes science?

Falsifiability

Results of Sabrin study

Female students - the counselor's prediction and the actuarial method were approximately equal Male students - the regression equation predicted 8% more variance

Bureau of Justice Statistics on intimate partner violence

Females are killed by intimate partners or former partners roughly 9 times more than by strangers

Life history theory (intimate partner violence)

Finite resources -> Tradeoffs -> Reproductive strategy -> Personality and behavior Slow LH strategy Fast LH strategy

Determinate sentencing

Fixed or determined (like predetermined range) prison term with specified date of releaseIdea here is to reduce judicial and parole board discretion and have harsher sentences

Indeterminate sentencing allows for

Flexible sentencing and parole board discretion

Idiographic

Focuses on a specific individual

Nomothetic

Focuses on aggregations -> generalizations

Bias-reducing instructions does what

Forces witnesses to rely on own memory Reduces guessing

Ambiguous and general speculations result in....

Forer effect

What did Drizin and Leo (2004) found about the power of confessions?

Found 125 proven false confessions where they confessed then plead not guilty, 81% of the time they were convicted

Kassin, Meissner, and Norwick (2005)

Found students slightly outperformed detectives at lie detection Detectives were more confident

Pinizotto and Finkel

Four groups- Professional profilers, detectives, clinical psychologists (no experience in criminal behavior), and students Homicide case and sex offense case Included written profiles and answered questions in specific areas of prediction such as employment, age, sex, and education level of the offender

What underlies the assumption of retribution

Freewill

Compatibilism (similar to soft determinism)

Freewill is compatible with determinism Regardless of whether determinism is true we have freewill (typically -> Yes freewill, yes determinism)

Hard determinists or incompatibilists

Freewill is not compatible with determinism Since we know determinism to be true there is no freewill Freewill is an illusion

Why are some people skeptical that someone could even falsely confess?

Fundamental attribution error

Death penalty legal history

Furman v. Georgia Gregg v. Georgia Atkins v. Virginia Roper v. Simmons Ring v. Arizona and Hurst v. Florida Kennedy v. Louisiana Baze v. Rees

Which is better GKT or CQT?

GKT

Two types of deterrence

General Specific

Types of therapy

General counseling CBT

Is the behavioral consistency assumption supported?

Generally no Small effects for a couple behaviors

Alternative profiling techniques

Geographical profiling (criminal spatial mapping)

What does profiling do?

Get inside the mind of the killer

How are science and law different (three ways)

Goals Method Style of inquiry

Neural circuit proposed for explicit memory

Goes in multiple directions

Therapists' role in implanting false memories

Guided imagery + dream interpretation -> imagine abuse happened -> source monitoring errors

Bifurcated trial process

Guilt phase Sentencing/penalty phase

Alternative Procedures to the polygraph tests

Guilty Knowledge test (GKT)

Guilty Knowledge test (GKT)

Guilty person will recognize something from the crime (+ arousal) but an innocent person will not

Psychologist Richard Ofshe tested this hypothesis... (Paul Ingram's case on repressed memories)

He told Ingram that a son and daughter had accused him of forcing them to commit incest The children actually said this did not happen Go and pray on the ideaIngram produced a full, detailed written confession of thisIngram refused to believe the incident wasn't real, "[i]t's just as real to me as anything else".

Examples of trace evidence

Hair, clothing fibers, tool marks, saliva, semen

Determinists can be either

Hard determinists or incompatibilistsor Compatibilists

Why might video recording be useful

Hear the actual instructions given to a witnessJudge the similarity of the fillers

Example of a visionary criminal

Herbert Mullin

Types of violence risk assessment (actuarial) predictors

Historical Dynamic Risk management

Minnesota Sex Offender Screening Tool - Revised (MnSOST-R)

Historical Institutional

Profiling assumptions

Homology assumption Behavioral consistency assumption

Why is deception so common?

Host-parasite interactions Competition for mates Fertilization assistance Competition for resources Female-male interactions Predator-prey interactions

Recovered memory therapy

Hypnosis, sedatives, probing questions, visual imagery, and generally suggesting questioning

Society interest in risk assessment

Interest in being protected from violent individuals

First prong of Manson Criteria

Identification must be shown to be flawed

Strategies for lie detection

Insisting on suspect-questioner eye contact (do not use as a cue to lying) Requiring reverse storytelling Asking for spatial information through drawing

Leichtman and Ceci (1995) (Child Maltreatment) errors

If the children thought Sam had soiled the teddy bear or ripped the book Witnessed - when the interviewer actually said "did you see it yourself"

Stability -> temporary vs. permanent

If viewed as a permanent state of being for them vs. temporary actions = longer sentence

Internal and external causes

If viewed as more a result of personality vs. situational factors = longer sentence

Controllability/uncontrollability

If viewed that they could have controlled their actions = longer sentence

Freewill

If you could replay the tape of life and go back to a moment of decision at which everything -every molecule - was in exactly the same position, you could have decided differently

Idea of retribution

If you do something bad you deserve to be punished You should get your just deserts This is one reason why some people get harsh sentences including the death sentence

False memory effect

If you read or hear a list of words you will most likely recite something that is associated

Loftus (repressed memories)

Imagination inflation -> construction of false childhood memories Memory of being lost in a shopping mall at about the age of five (25% to over 30% were successfully implanted with false memory) Participants told to imagine playing inside at home after school, hearing a strange noise outside, running toward the window, tripping, falling, reaching out and breaking the window with their hand....and other details (Later asked about this event -> about a quarter of participants said it really happened) 27% falsely remembered spilling punch at wedding 33% recalled more distressing event (e.g., animal attack)

Verdict driven style

Immediate vote Discussion is focused on changing views of minority voters

Angelina Napolitano (1911) (Battered woman syndrome)

Immigrant to Canada Murdered her husband (took an axe and hit him four times in the neck and head while he slept) Argued that she had been repeatedly abused by her husband and that he had stabbed her six months prior Judge ruled the evidence inadmissible Found guilty (But granted parole 11 years later)

Cognitive control

Impairment in verbal abilities, awareness of the criminal behavior, and capacity for planning

Issues in the death penalty when it comes to jurors

Instructions for death penalty have low comprehension (so tend to involve racial bias) Jurors aren't told everything about a life sentence, they think they can get parole if not given death Emotions; anger causes biases in favor of prosecution

Acute crisis phase (rape trauma syndrome)

Intense reaction to trauma

Spanos (repressed memories)

Implanted impossible memories Individuals led to believe they have well-coordinated eye movements and visual exploration skills because they were born in hospitals that hung a particular mobile over their crib To "confirm" half the participants are hypnotized, age-regressed to the day after birth and asked what they remembered and half participates in a "guided mnemonic restructuring" procedure that uses age regression as well as active encouragement to re-create the infant experiences by imagining them The majority of both groups reported remembering these impossible memories and/or other details (face of their doctor, etc.)

Reforming

Improve aspects of CJS Stop executing the intellectually impaired

Can specific and general deterrence reduce criminal behavior?

In theory yes

Goals of incarceration

Incapacitation Deterrence Rehabilitation Retribution

Jury instructions

Incomprehensible jury instructions don't violate the constitution Comprehension rates typically around 50% Re-written instructions 80% comprehension

Does eyewitness confidence increase or decrease over time?

Increase

Accusatorial interrogations

Increase both true and false confessions

Information-gathering interrogations

Increase true but not false confessions Increase true and decrease false confessions

Tension building stage (battered woman syndrome)

Increased tension, anger, blaming, and arguing

Benefits of a cognitive interview

Increases amount of information obtained from eyewitnesses by 35% to 70% Does not contaminate the eyewitness's memory Does not increase eyewitness's confidence

Indeterminate sentencing

Individual convicted gets a range of possible time they will be incarcerated Allows for flexible sentencing and parole board discretion

Clinical method in Leli and Filskov study

Inexperienced and experienced clinicians

Results of Leli and Filskov study

Inexperienced clinicians -> 63% correct identification Experienced clinicians -> 58% correct identification Decision rule -> 83% correct identification

Encoding

Info is placed in memory

Storage

Info is retained in memory

Retrieval

Info stored in memory is found as needed

Open conflict

Informational and normative influence

To types of influence on juries

Informational influence Normative influence

Psychologist Richard Ofshe (Paul Ingram's case on repressed memories)

Ingram was an easily influenced religious person who was heavily biased by his church The confessions were false memories being implanted with suggestion

Kalven and Zeisel (1996) on jury votes

Initial majority leaning in group predicts final jury verdict

What are the costs of false confessions?

Innocent people are arrested The real perpetrator is never caught Decreasing police legitimacy Decreasing cooperation with authorities Decreasing believing good confessions

Letourneau, Levenson, Bandyopadhyay, Sinha, and Armstrong (2010)

Internet notification 6,064 male offenders convicted of at least one sex crime between 1990 and 2004 Registration status did not predict recidivism in any model

Loss of control

Interrogator controls the environment and removes the psychological comfort of familiar surroundings Suspect will feel vulnerable and anxious meaning they have lost control

CST Evaluations

Interview Investigate mental health issues Psychological testing Investigate possibility of malingering Investigate specific areas

1985: Wee Care Nursery School, NJ Convictions (Amicus Brief)

Interviewer bias Repeated questions Repeating misinformation across interviews Peer pressure or interaction (Children change their answers to be consistent with their peers Emotional tone of the interview Accusatory tone - bad; neutral tone - good) Being interviewed by adults with high status (Likely to comply with agenda of interviewers) Using anatomically detailed dolls Stereotype inducement and suggestive questions

Introductory phase (National Institute for Child Health and Human Development (NICHD) - Investigative interview protocol)

Interviewer describes why they are there Ground rules (Don't guess - you can say "I don't know" Oath to tell the truth technique The interviewer does not know what happened)

Rape trauma syndrome (Burgess and Holmstron (1974)

Introduced to help people understand the seemingly unusual ways victims act Recovery from rape is two stage process

National Institute for Child Health and Human Development (NICHD) - Investigative interview protocol phases

Introductory Rapport building Substantive

Battered woman syndrome characteristics (Walker)

Intrusive recollections High anxiety Avoidance behavior Disrupted relationships Body image distortions Sexual intimacy issues Hypervigilance

Why does the judge instructing jury to disregard info sometimes have the opposite effect

Ironic processes Psychological reactance

Uniqueness (story model)

Is one story unique in its plausibility (i.e., if multiple stories are plausible, lacks uniqueness)

Goodness of fit (story model)

Is story a good fit with verdict option?

Coherence (story model)

Is story consistent/plausible?

How do we know when a defendant found NGRI should get out of mental facility

Is the person a danger? "whether she/he has improved to the extent that they are no longer a danger to the health and safety of themselves or others"

Perry v. New Hampshire (2012)

Issue of eyewitness evidence revisited but Manson criteria not updated

Is it easy to know when we should advocate for reform?

It is a challenge Don't know if the evidence is good enough and if there is sufficient data

Stress and Trauma

It's complicated... Interference with encoding Working memory effects Stress (arousal) can also enhance memory Trauma -> Typically uncontrolled remembering not forgetting -> inconsistent with repressed memory argument

Freewill says what about the mind?

It's free from the brain

Profiling examples

Jack the Ripper Mad Bomber George Metesky Olympic Bomber

Example of a hedonistic criminal

Jeffrey Dahmer John Wayne Gacy

Rehabilitation types

Job training and education Therapy

Kumho tire v. Carmichael

Judge deals with expert testimony not just scientific test

Inadmissible evidence

Judge instructs jury to disregard info

How insanity is defined depends on what

Jurisdiction and legal test

Liberation hypothesis

Jurors are "liberated" from only using evidence in WEAK cases Use extra-legal factors to determine guilt (Negative pretrial publicity, charge severity, complexity of evidence/trial, personal characteristics (race, sex, SES, attractiveness), prior beliefs/experiences)

Jury Nullification

Jurors can disregard the law and evidence Can use their own reasoning

Less complex evidence...

Jurors make sense of it and draw appropriate conclusions

Very complex evidence...

Jurors rely on credentials, research record, etc.

How do jurors perceive child testimony?

Jurors tend to believe children in abuse cases Hearsay and adult testimony stand in is viewed favorably by jurors Helps explain conviction in cases like State v. Michaels

Ring v. Arizona and Hurst v. Florida

Jury (not judge) must find 1+ aggravating factors beyond reasonable doubt

Jury reform

Jury instructions Preinstructions Presenting instructions in different modes

Death qualification

Jury selection Asked about willingness to vote for death if defendant is found guilty Witherspoon v. Illinois Wainwright v. Witt

Goal of law

Justice Giving each their own conflict solution Prescriptive (tells you what to do)

Caldwell and Dickinson (2009)

Juvenile registration The relationship between being likelihood of re-offending and actual recidivism did not depend on registrationI.e., registration did not make any difference

What study shows how strong confessions are

Kassin and Neumann (1997)

Study on whether or not people can discount coerced confessions

Kassin and Sukel (1997)

Jack the Ripper

Killed 5 people, maybe more Don't know if profile was accurate, never caught

Beverly Ann Ibn-Tamas (1976) (battered woman syndrome)

Killed her husband Dr. Abdur Ramad Yussef Ibn-Tamas Argued self-defense 1st trial - expert not allowed to testify about BWS 2nd trial - expert testified to judge. 2 years in prison

Style of inquiry (science)

Objectivity Something isn't true just because you believe it Promote what evidence suggests

Risk management predictors

Lack of adequate housing Lack of job prospects Family environmentInadequate post-release supervision and treatment

Excluded

Large differences between samples

For competency to stand trial (CST) the defendant must understand....

Legal situation Charges Pleas available Penalties if convicted Roles of legal actors

What are the explanations for the problems with cross-racial identifications

Less experience with other races Cognitive resources are allocated to individuals who appear especially relevant to perceivers' functional outcomes (That is, we can tell the difference when we are functionally motivated)

When told about the jury nullification process they treat sympathetic defendants

Less harshly

Majority rule juries advantage/disadvantage

Less hung juries

One Drug Protocol

Lethal dose of an anesthetic

Baze v. Rees

Lethal injection does not inflict unnecessary or wanton pain

Behavioral control

Level and focus of criminal activity, as well as the defendant's capacity to control criminal behavior and engage in responsible behavior

Comparison question test (CQT)

Liars should respond more strongly to crime relevant q's and truth tellers more strongly to the comparisons q's or there will be little difference

Cues of deceptions

Liars talk less Provide less detail Responses were less direct/relevant/clear

Names for freewill

Libertarian freewill Dualism Contracausal

Ex of estimator variables

Lighting conditions during the crime

Organicity

Likely effects of brain damage or mental retardation/intellectual disability

Limitations of Geographic Profiling

Limited to spatial behavior Cannot distinguish multiple offenders with similar behavior Simple decision rules perform about the same as complex computer models

For competency to stand trial (CST) the defendant must help...

Locate witnesses Develop strategies

Reorganization phase (rape trauma syndrome)

Long process of recovery -> lingering fears, lack of enjoyment in sex, difficulty resuming relationships

Prison

Long term state facility

Evaluation

Look at whether a program works, whether work training in prisons helps prisoners to get jobs once they're out, how they can make it better, whether or not the death penalty deters crimeCan say why a program doesn't work

What was the response to economists?

Looked at DP states 60 days before and after execution Found brutalization effect

Reid technique influence strategies

Loss of control Social isolation Certainty of guilt (maximization) Exculpatory scenarios (minimization)

Individual factors in predicting intimate partner violence; woman's increased likelihood of experiencing IPV

Low level of education Exposure to violence between parents - confounded with genes Sexual abuse during childhood - confounded with genes

What were the three conditions of Kassin and Sukel (1997)

Low pressure interrogation (confessed easily) High pressure interrogation (in cuffs whole time, yelling, slamming gun on table, etc.) No confession

Fast life history theory strategy

Lower mating effort High emotional attachment to romantic partners Less impulsive behavior Greater altruism More law-abiding behavior

Slow life history theory strategy

Lower mating effort High emotional attachment to romantic partners Less impulsive behavior Greater altruism More law-abiding behavior

Hedonistic

Lust/thrill - sexual pleasure or personal gain from killing

Assumptions about polygraphs

Lying produces physiological changes Truth telling produces different physiological changes We can detect these physiological changes People don't vary in their physiological response to lying and truth telling People cannot obscure the test People believe it works

Why does the polygraph not have strong predictive abilities?

Lying produces physiological changes and truth telling produces different physiological changes (Somewhat supported) We can detect these physiological changes(Somewhat supported) People don't vary in their physiological response to lying and truth telling (Nope) People cannot obscure the test (Nope) People believe it works (Somewhat supported)

Insanity defense tests

M'Naghten rule Irresistible Impulse Test Durham Rule or Product Rule ALI - MPC - substantial capacity test - or Brawner Standard The Federal Insanity Defense Rule (18 U.S.C. § 17)

Source monitoring error

Occurs when a memory derived from one source is misattributed to another source

Slobogin MSE (Mental Screening Evaluation)

MSE forces the clinician to focus on issues relevant to assessing insanity -> but, it lacks a clear scoring system or strict procedures for administering the test

Insanity Defense Reform Act of 1984 did what

Made several changes in federal insanity law

What happens when police ask the same questions many times

Makes people think their first answer was wrong -> change their answer until the interrogator gets the exact response -> Errors are dramatically reduced if a question is only asked once

R-CRAS is useful in detecting...

Malingering

Reliability of the defendant's report of the crime

Malingering or involuntary interference with accurate recall

Example of determinate sentence

Mandatory minimums

Manson v. Braithwaite

Manson criteria

State v. Henderson (2011)

Manson rule does not provide sufficient reliability measure, does not deter, and overstates jury's ability to evaluate eyewitness testimony

Why might the death penalty not work as a deterrent

Many homicides are impulsive Severity of punishment is a weak effect Substance use Actual likelihood of being executed is low

Battered woman syndrome (intimate partner violence)

Maybe the killer (i.e., battered woman) felt they had to do it So BWS testimony is supposed to help the judge/jury understand the state of mind of the battered woman

Case involving the death penalty and race

McClesky v. Kemp

Electroencephalogram (EEG)

Measures the summed graded potentials from many thousands of neurons (primarily pyramidal neurons), oriented perpendicularly to the scalp within about 4 cm

What are repressed memories

Memories that have supposedly been unconsciously blocked due to the memory being associated with a high level of stress or trauma

Research shows who is more likely to recidivate

Men Black and Hispanic Younger

Dusky v. U.S.

Mental status exam was insufficientThe defendant must understand the charges against themThe defendant must have the ability to aid their attorney in their own defense

Visionary

Mentally disturbed, psychotic, "crazy"

Grove, Zald, Lebow, Smitz, and Nelson

Meta-analysis of 136 studies

Bond and DePaulo (2006)

Meta-analysis54% correct lie-truth judgments

1985: Wee Care Nursery School, NJ Accusations

Michaels forced them to lick peanut butter off of her genitals Penetrated their rectums and vaginas with knives, forks and other objects Forced them to eat cakes made from human excrement Made them play duck, duck, goose while naked Amputating children's penises Changing a child into a mouse During school hours over a period of 7 months

1985: Wee Care Nursery School, NJ Convictions

Michaels indicted on 235 counts of sexual offenses and was convicted

Common differences in sentencing

Minorities, males, and younger -> harsher sentences Young Hispanic males -> highest odds of incarceration Young Black males -> longest sentences Drug and property crimes, females were less likely -> prison Violent crimes, women -> shorter sentences

Wording of questions can lead to...

Misinformation effect

Why isn't DNA perfect evidence?

Mix of DNA Touch DNA is very easy to transfer Contaminated sample Degraded sample

Study on homology assumption

Mokros and Alison

Dynamic predictors

Moods, attitudes, and thought Lack of insight into oneself or others Persistent strong feelings of anger and hostility Lack of responsiveness to treatment

Aggravating factors

More blame worthy therefore eligible for death penalty Typically the jury must find at least one aggravating circumstance beyond a reasonable doubt

Example of bias vs. discrimination

More females are nurses so there is a bias (association) in that data towards females but that does not necessarily mean that males are being discriminated againstIf both genders applied and had same qualifications but they specifically pick women it's discrimination

When told about the jury nullification process they treat unsympathetic defendants

More harshly

What does the high rate of false confessions in murder and rape cases suggest?

More likely to involve DNA in these cases and thus say more definitively that the confession was false False confessions are likely underestimated

Potential Solutions to the Problems of Profiling

More realistic predictions Stop relying on typologies Use theory Use data driven approaches including machine learning Use an actuarial/statistical approach for decisions Test things!

Seriousness of crime

More serious = longer sentence

Why is time a factor in confessions?

More time may increase regulatory decline and short-sightedness

Research on stress on memory

Morgan et al.

Garcia-Moreno et al. (nonlethal violence, intimate partner violence)

Multi-country study of over 24,000 participants Lifetime prevalence of physical or sexual partner violence varied from 15% to 71%

Self defense (intimate partner violence)

Must prove that you had a reasonable belief that you were in imminent danger and had no reasonable means of escape

instrumental voluntary false confession

Occurs when the suspect voluntarily admits to a crime he or she did not commit. The goal might be to achieve notoriety or to protect a friend or family member.

Homology assumption

Offenders who have similar crime scene behavior will be similar

What happens when defendant is found NGRI

Secure mental health facility Never a fixed sentence

fMRI

Network of parieto-frontal areas more engaged in when lying (Lying requires more effort)

Are there practical differences in the insanity tests?

No

Can private employers use polygraph tests to hire?

No

Do trial judges understand science?

No

Is bias the same as discrimination

No

Is the lethal injection administered by medical staff?

No

Is there a widely accepted theory on how jurors/juries process info?

No

Does DARE work?

No Doesn't make students less likely to use drugs, actually makes them more likely to smoke and drink

What did court decided in McCleskey v. Kemp (1987)

No evidence specific to his own case that would support an inference that racial considerations played a part in his sentence

Evidence driven style

No initial vote, but thoughtful discussion of the case

Scientific position on repressed memories

No scientific studies showing the process of repressed memories Lots of evidence to suggest they are not real - it's a myth Loftus Spanos

Examples of mitigating factors

No significant prior criminal convictions Under the influence Age at time of crime

Does sex offender registration work?

No strong evidence it worksCaldwell and Dickinson (2009) Letourneau, Levenson, Bandyopadhyay, Sinha, and Armstrong (2010)

Are competency and insanity psychological terms?

No, they're legal terms but they involve issues of mental health

Why are jury instructions confusing?

Nominalizations Use of "as to" Poor discourse structure Technical or legal lexical items Use of passives in subordinate clauses Failure to use modal verbs Use of double or triple negatives Too many embeddings

Facilitator prompts

Nonsuggestive prompt to continue with an ongoing response

Scientific critique of a battered woman syndrome

Not a tightly clustered symptom presentation distinguishable from other types of trauma Three stages (Tension building, acute battering, contrition) not supported Experimenter bias in original research Not akin to learned helplessness (Women use a variety of coping strategies Women increasingly seek out help)

Disadvantages of polygraphs

Not free Can be used to illicit false confessions Not very accurate (although more than human judgment typically)

Expert testimony

Provides research related to eyewitness testimony Provide factors that could be used to evaluate the reliability of an identification Judges can be resistant

Clinical method in Sabrin study

Notes from a preliminary interview, scores on the Strong Vocational Interest Blank, scores on a four variable personality inventory, they could talk with the students, and an eight page individual record filled out by the student which contained information such as books in home, hobbies, availability of a quite place to study, and counselors had access to the two-variable regression equation

1985: Wee Care Nursery School, NJ (No other "evidence")

Nothing noticed by staff No parent noticed signs of strange behavior or genital soreness in their children No children missing body parts

Nominalizations

Nouns that are derived from verbs Easiest way to create a nominalization is to add the suffix "-ing" to a verb -> nominalizations are more difficult to process than their corresponding verb forms

Characteristics of actuarial prediction

Objective Research based Nomothetic Quantitative

Behavioral consistency assumption

Offenders will show a consistent pattern of offending Would help to link cases and differentiate Crime scene behaviors (e.g., using a gag) need to be infrequent (i.e., rare) and consistent from one crime to the next

Exculpatory scenarios (minimization)

Offer excuses for committing the crime Redefining the act as less serious, shifting blame onto someone else, blaming the circumstances (implies leniency (actions reasonable means consequences minimal))

How might a video recording help?

Often only the confession is recorded not that whole interrogation Bad confession can still affect jury decision making

Failure to use modal verbs

Often state that "it is necessary for you" or "it is your duty" or "you are required" instead of the more direct "you must." "Can" is another model verb

What's the goal of an interrogation for police?

Often viewed as getting the person to confess

Lockett v. Ohio

Ohio law -> aggravated murder = death penalty (except in certain circumstances) Unconstitutional -> jurors/judge should not be prevented from considering mitigating factors

University of Chicago jury project (1950s)

One early part of the project involved audiotaping deliberations of five civil jury trials This was done with the consent of the trial judge and counsel for both sides, but the jurors were unaware that their discussion was being recorded

Substantive phase (National Institute for Child Health and Human Development (NICHD) - Investigative interview protocol)

Open ended prompts ("Why did you want to talk with me today") No suggestive or biased questioning

Why is the legal system resistant to rewriting jury instructions and other modification instructions?

Opens the doors to appeals Many instructions need to be rewritten. Who rewrites them? Judges don't think it would change outcome More concerned with accuracy than comprehension

What are the five topics of the R-CRAS

Organicity Psychopathology Cognitive control Behavioral control Reliability of the defendant's report of the crime

FBI Model

Organized/disorganized typology

Stages of jury deliberation

Orientation Open conflict Reconciliation

Serial position effect

Our tendency to recall best the last and first items in a list

Poor discourse structure

Overall organization of ideas into coherent and logical sentences and paragraphs Some jury instructions are poorly organized, containing ideas on several different topics and not clearly indicating the relationship between them

Improbably events will elicit what?

P3b (new name for P300)the less probable the event the larger the P3b amplitude

Do jurors use the info given in expert testimony?

Yes

Do victims of intimate partner violence sometimes kill their abuser?

Yes

Correlates of rape on the victim

Physical injury Shame Fear Anxiety Anger Depression Suicidal thoughts

Does deception need to be intentional?

Yes

What is a more established diagnosis than BWS or RTS?

PTSD

Profiling is part what?

Part intuition Part experience

Snook, Eastwood, Gendreau, Goggin, and Cullen

Part review Part meta-analysis

Why is it important to understand a defendant's competency?

Participation in one's own defense optimizes chance of just verdictLegitimacy of legal system undermined when CST standard unfair

Rape trauma syndrome expert testimony less accepted....

Partly problematic because it presupposes a rape occurred (May usurp the role of the jury as fact finder) Opens the door to sexual past of victim - normally shielded by rape shield laws

For battered woman syndrome, after the defense establishes those two things then then must....

Pass an admissibility test and the probative value must outweigh its prejudicial impact

Historical predictors

Past violent behavior Young ageInstability in social relationships Job instability Early maladjustment at home or school Abuse of alcohol and/or drugs Major mental disorder Psychopathy

1988: Thurston County ritual abuse case, WA

Paul Ingram (Sheriff's department) accused by his daughters of Satanic ritual sexual abuse, over almost a decade. Also accused of slaughtering 25 babies. Daughters had been in therapy. The Ingrams were members of a local Pentecostal church that promoted the idea that Satan could control the minds of Christians, cause them to commit crimes, then remove the memories. At a church retreat, a woman who claimed to possess prophetic power told Ingram's daughter that she had been sexually abused by her father. False confession Convicted of rape.

Kassin and Sukel (1997) found

People can't discount coerced confessions

General Deterrence

People get punished for committing crime therefore I should not commit crime

Psychological reactance

People like their freedom Motivated to keep it Told not to do something, you're gonna do it Put more weight on that evidence

What's the main problem with confessions?

People sometimes confess even when not guilty

Pratt et al. (2006) meta-analysis on deterrence

Perceived deterrence effects were small Biggest effect was for certainty (as apposed to severity and swiftness) After you control for self-control, peer delinquency, etc., effects are extremely small That is -> perceived certainty only uniquely predicts a small proportion of the variability

Illusory correlation

Perception of a statistical association between two variables where none exists

Certainty of guilt (maximization)

Persistently confront the suspect with accusations of guilt Limit/stop/dismiss denials Implies threat of punishment False evidence ploys

Profilers tend to focus on...

Personality information

Sex Offender Treatment (Therapy)

Phase 1:-Admit that they committed a sex crime-See sex offending as a current problem-Be willing to discuss the crime and their problems in the context of treatment Phase 2:-Identifying and changing distorted thinking-Victim impact-Practicing and incorporating a model for solving problems-Ongoing evaluation of the inmate and his problem areas

Costs of intimate partner violence

Physical damageMental health

Is PTSD accepted in the scientific community?

Yes

Forms of intimate partner violence

Physical violence Sexual violence Psychological/emotional abuse/verbal Controlling behaviors (sometimes included, WHO(world health organization))

Research on how accurate profilers are

Pinizotto and Finkel Snook, Eastwood, Gendreau, Goggin, and Cullen

Organized crime scene

Planned crime Controlled conversation Scene reflects control Demands submissive victim Restraints used Aggressive prior to death Body hidden Weapon/evidence absent Transports victim

Mad Bomber (George Metesky)

Planted bombs Wrote letter wanting to punish Didn't find him through profile Found him through employee logs

What are causes of error in death penalty cases

Police error Bad forensicsIncompetent attorneys Prosecutorial misconduct Misleading jury instructions

Forensic psychologists must look at what to evaluate insanity

Police reports Statements from friends, relatives, employers, and teachers Criminal history Medical, psychiatric, and hospital records Specific forensic assessments

What does the evidence suggests when it comes to different decisions depending on the insanity test used

Poor comprehension of legal insanity rulesIndividual differences in juror beliefs Consideration of more contextual factors

Witherspoon v. Illinois

Potential jurors who object to the death penalty cannot be automatically excluded from service; however, during voir dire, those who feel so strongly about capital punishment that they could not give an impartial verdict may be excluded.

Leichtman and Ceci (1995) (Child Maltreatment) Discussion

Pre-event stereotypic information and/or Repeated erroneous suggestions post-event over time = False answers from children Early preschoolers showed the most deleterious effect

Method of law

Precedents (stare decisis) Hierarchical More outcome focused

Purpose of Sabrin study

Predict college freshman academic grades

Einhorn purpose of study

Predicting survival time for Hodgkin's Lymphoma 193 patients who had Hodgkin's Lymphoma and later died

PEACE model

Preparation and Planning, Engage and Explain, Account, Closure, and Evaluate

What standard is used when determining CST?

Preponderance of evidence

What is the primary cause of false confessions?

Pressures of interrogation

Incapacitation

Preventing crime by keeping offenders under state control

Determinism

Prior events cause future events People aren't morally responsible (didn't choose your genes, parents, or environment)

Informational influence effects what beliefs?

Private and public beliefs

Mathematical models

Probability theory Algebraic theory Stochastic processes Engage in a series of "mental" calculations in which they weigh the relevancy and strength of each independent piece of evidence and translate the resulting score into an assessment of the defendant's culpability

Does the battered woman syndrome work?

Probably not in terms of conviction Greater chance to succeed when used with jury nullification instructions (a reminder that they have the power) Could also examine sentencing

Snook, Eastwood, Gendreau, Goggin, and Cullen Found

Profilers and experienced investigators were slightly better at predicting overall offender characteristics(Evidence they are relying on base rates) Profilers and experienced investigators did not out perform other groups for offender's physical attributes, social habits, history, or cognitive process(Evidence they are relying on base rates) Little to no evidence that profilers can do what they claim to do

Pinizotto and Finkel Results

Profilers had more detailed reports than non-profilers and recalled more details Accuracy of the profilers varied with type of case Profilers were more accurate on the sex offender case Detectives were the most accurate on the homicide case

Kennedy v. Louisiana

Prohibits execution for child rapist, unless child dies

State v. Lawson (2012)

Prosecution must prove identification was sufficiently reliable; encouraged the use of such expert testimony

Match plus statistics

Provide statistics that help contextualize the match evidence = rare/common

Who has studied the death penalty and believes it isn't a deterrence

Psychologists, sociologists, and criminologists

Normative influence effects what beliefs?

Public behavior without effecting private beliefs

What is the least influential pathway of influence for a psychologist to have on the legal system?

Publishing in scientific journals

Modern polygraphs also measure

Pulse and skin conductivity

Specific Deterrence

Punish Jim and this should stop Jim committing crime in the future

Wainwright v. Witt

Put more discretion on judgesIf merely express lack of willingness to consider death as punishment, they can be excluded

Communicating similarity

Qualitative statement Simple match Match plus statistics Individualization Excluded Inconclusive

The R-CRAS emphasizes...

Quantitative factors

Majority rule juries advantages

Quicker

Is lethal injection any more humane?

Yes when it comes to others watching, no for the prisoners

Stereotype condition Leichtman and Ceci (1995) (Child Maltreatment)

RAs gave scripted stories about Sam each week, starting a month before visit; Interviewed 4 times post event without suggestiveness (He asked to borrow my Barbie and when he was carrying her down the stairs, he accidentally tripped and fell and broke her arm. That Sam Stone is always getting into accidents and breaking things! But it's okay, because Sam Stone is very nice and he is getting my Barbie doll fixed for me)

Leichtman and Ceci (1995) (Child Maltreatment) (Method)

Random assignment to 1 of 4 conditions Everyone saw the same event (Sam Stone) All interviewed 4 times after Sam Stone's visitInterviewed one last time - % of children that made 1 or 2 errors was the main DV (Did Sam rip a book up? - correct answer is no)

Mokros and Alison found after examining 100 stranger rapes....

Rapists who offend in a similar fashion were not more similar with respect to age and other demographics

Gregg v. Georgia

Reaffirmed death penalty New conditions include: Bifurcated process and Appellate State Courts must review all death sentence cases

Control condition Leichtman and Ceci (1995) (Child Maltreatment)

Received no pre-event information about Sam Stone; interviewed 4 times post-event without suggestiveness

Suggestion condition Leichtman and Ceci (1995) (Child Maltreatment)

Received no pre-event information regarding Sam Stone; each time interviewed suggestive interviewing techniques used ("When Sam Stone got that bear dirty, did he do it on purpose or was it an accident?" "Was Sam Stone happy or sad that he got that bear dirty?")

What stage of jury deliberation do juries never get to?

Reconciliation

Memory is what??

Reconstructive

Video recording

Records identification procedures

example of class characteristics

Red trilobal fibers common from Honda Accords

Why might sequential lineups be better

Reduce relative judgment (don't want the person who looks closest)

Blind lineup does what

Reduces unintentional communication

What are the four distinct diagnostic categories behaviors for PTSD?

Reexperiencing traumatic event Avoidance of stimuli associated with event Negative cognitions and moods Heightened arousal or hypervigilance

Jacob Wettering Act (1994)

Registry of sex offenders required

All types of polygraph tests rely on...

Relative arousal

Qualitative statement

Relative strength of match

Advantages of polygraphs

Relatively cheap (compared to EEG and fMRI)Potentially used as a bogus pipeline If they worked could rule out a suspect If they worked could confirm suspicions of detectives

Polygraph Tests

Relevant-irrelevant test (RIT) Comparison question test (CQT) Positive Comparison Test (PCT)

Why does actuarial almost always equal or out-predict clinical

Reliability Validity

Why are eyewitness IDs so problematic?

Relies on memory (memory isn't perfect)

Why do people support profiling?

Repetition of messages Media Label of expert Reasoning errors People want to believe

Why was there a change in overt physicality?

Report on Lawlessness in Law Enforcement

Paul Ingram case (repressed memories)

Repressed memories of being sexual abuse perpetrator Psychologist Richard Ofshe

Baldus Studies

Revealed a racial bias in the Georgia death penalty system Defendants charged with killing white victims were 4.3 times as likely to receive a death sentence as defendants charged with killing black victims Black defendants were 1.1 times as likely to receive a death sentence as other defendants

Repressed memories (80s and 90s)

Rise of recovered memories of sexual abuse - a major cause was therapists using these suggestive techniques (up to 25% were using them)

How do forensic psychologists evaluate insanity

Rogers Criminal Responsibility Assessment Scales (R-CRAS)

Heuristic-systematic model

Rules of thumb on the one hand and more careful scrutiny of the available information on the other

Can they force a defendant found incompetent to stand trial to take drugs?

Yes, if dangerous Yes, even if not dangerous (Sell. US)

SARA (Sposal assault risk assessment)

SPJ assessment

Alternatives to actuarial and clinical

SPJ/guided professional judgment

Ballew v. Georgia

Said 6 members of a jury was okay but no less

Event-Related Potentials (ERPs)

Same machine as the EEG Complex electroencephalographic waveforms related in time to a specific sensory event To get a "clear" measure of the event (i.e., to counter noise effects), the stimulus is presented repeatedly (responses are averaged)

Studies on actuarial vs. clinical

Sabrin Leli and Filskov Einhorn Grove, Zald, Lebow, Smitz, and Nelson

Retrieval inhibition/retrieval induced forgetting

Selectively retrieving some information inhibits other informationWhen you are asked specific questions and only give those details other details are forgotten and when asked again you won't remember that unused info

What are reasoning errors

Self-serving bias Hindsight bias Illusory correlation

The Competency to Stand Trial Assessment Instrument (CSTAI)

Semi-structured comprehensive interview (13 areas)

The Interdisciplinary Fitness Interview (IFI/IFI-R)

Semi-structured interview Designed for joint administration by attorney and MHP

Supermax

Serious violent criminals

Considerations for sentencing

Seriousness of crimeInternal and external causes Controllability/uncontrollability Stability -> temporary vs. permanent

Tunnel Syndrome

Set on looking for someone who fits the profile and not anyone else

1989 - 1995: Little Rascals Day Care Center, NC

Seven people charged; 100's of counts; most charges reversed

Power-control

Sexual pleasure from domination over helpless victim

Jail

Short term facility About a year

Angelique Lyn Lavallee (1986) (battered woman syndrome)

Shot and killed her common law partner Kevin Rust Psychiatrist testified ("was a final desperate act by a woman who sincerely believed that she would be killed that night") Acquitted of second-degree murder on the basis of self-defense Verdict was overturned by a majority of the Manitoba Court of AppealSupreme Court (Canada) (The woman's experience and perspective is relevant to inform the reasonable person's standard required for self-defense)

Ekman and O'Sullivan (1991)

Showed 10 video tapes, asked to figure out when lying vs. telling the truth Accuracy 50%

P-300 Wave

Sign of recognition Protocol based on GKT A function of suppressing a lie

Specific Forensic Assessment of insanity

Slobogin MSE (Mental Screening Evaluation)

Does incapacitation reduce crime

Some evidence Diminishing effects over time

Does specific deterrence work?

Some studies support it on some crimes (like domestic violence) Other studies say no or that it has criminogenic effect

Hired gun

Someone who is willing to carry out any task or assignment from his employer without moral scruples.

Why are parents not always a good safeguard for juveniles?

Sometimes they work against the child

Unconscious transference is similar to...

Source monitoring error

Disorganized crime scene

Spontaneous crime Minimal conversation with victim Scene is random/sloppy Sudden violence to victim Minimal use of restraints Sex after death Body left in view Weapon/evidence present Body left at scene

Daubert v. Merrell Dow Pharmaceuticals, Inc.

Standards and judges as gatekeepers

Amicus briefs

State v. Michaels (1993) Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court's decision.

Leichtman and Ceci (1995) (Child Maltreatment)

Stereotypes and repeated suggestive questioning Participants

Technical or legal lexical items ex:

Stipulate

What is the best predictor of jury verdict?

Strength of evidence

Physical damage costs of intimate partner violence

Stress-related conditions

How do we reduce error in fingerprinting and DNA?

Strict procedures to reduce mishandling, improper storage, and contamination Do actual research Strict certification requirements Random blind laboratory checks Reduce certain communication between detectives and forensic examiners (evidence should be independent) Create a more neutrally motivated laboratory

Mock juries

Student samples vs. community samples Juror vs. jury

Characteristics of clinical predictions

Subjective More intuition based Idiographic Qualitative

Research on organized/disorganized typology shows...

Subset of organized features typical of most Disorganized features much rarer and do not form a distinct type

Furman v. Georgie (1972)

Supreme court ruled death penalty unconstitutional in its current state Death was administered too haphazardly Asked states to revise current statutes to fix this issue

Morgan et al.

Survival training with soldiers High/low stress mock interrogation

Unbiased lineup

Suspect should not stand out from "fillers"Use mock witnesses(People given descriptions and if more than 16-17% (or 2 out of 12) choose the suspect then it is biased)

Short-sightedness

Suspects focus more on short - vs. long-term goals (getting out of the interrogation vs. prison)

Elements of a successful rehab program

Teach interpersonal skills Provide individual sessions Make use of behavior modification techniques Combine in-prison therapeutic treatment with follow-up in community treatment Use cognitive-behavioral therapy

Example of a power-control criminal

Ted Bundy

Example of a mission criminal

Ted Kaczynski

Dynamite charge

Tell them to go back and deliberate more Might pressure jurors to swing toward majority

Forer effect

Tendency of people to rate sets of statements as highly accurate for them personally even though the statements could apply to many people

Three stages of battered woman syndrome (Walker)

Tension building Acute battering Contrition

What are the two types of reliability

Test-retest reliability Inter-rater reliability

Three general elements of Sexual Violent Predator Civil Commitment (SVP)

That the person has been convicted of a sexually violent offense That the person suffers from a mental abnormality and/or personality disorder, which causes him/her serious difficulty controlling his/her sexually violent behavior That this mental abnormality and/or personality disorder makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility

Einhorn clinical method

The clinicians were three well known pathologists one of whom was internationally recognized as an expert in this area Using nine histological dimensions that the pathologists rated as important (based on the biopsy) and a global rating of severity the pathologists predicted survival time

Kansas v. Hendricks

The court found that the SVP law did not violate substantive due process and double jeopardy requirements

Philosopher-advocate

The expert makes concessions to the adversarial climate of the courtroom and allows personal values to shape testimony

Conduit-educator

The expert regards his or her own field as the first priority

What are the five criteria of the Manson criteria?

The eyewitness's opportunity to view the perpetrator at the crime sceneThe degree of attention the eyewitness focused on the perpetrator The accuracy of the witness's description of the perpetrator The time elapsed between the witness's identification of the suspect and witnessing the crime The certainty of the witness's identification of the suspect

Behavior is determined by...

The interaction of intrinsic and environmental effects

Could an expert reliably tell which answers were false? Leichtman and Ceci (1995) (Child Maltreatment)

The majority could not reliably tell overall whether the events reported by the children had occurred or not, nor could they identify which children were on the whole most accurate

Georgia Court Competency Test (GCCT)

The original version - 17 items Rapid identification of IST

Base Rate

The overall probability of an event (in a population of interest in a given period of time) or the frequency of the event you are trying to predict

What else besides personality info determines behavior

The situation Behavior is context dependent

We conform when (informational influence)

The situation is ambiguous There's no time to think Others are experts

Cross race effect

The tendency for people of one race to have difficulty identifying members of a race other than their own.

Self-serving bias

The tendency for people to take personal credit for success but blame failure on external factors

Hindsight bias

The tendency to believe, after learning an outcome, that one would have foreseen it

To introduce an expert to testify about battered woman syndrome the defense must establish that...

The victim is a battered woman The jury would be aided by expert testimony to explain her behavior

Likely explanation for forgotten events

These individuals experienced trauma, may have dissociated, and then may have avoided thinking about it -> they eventual forgot until something cued their memory These individuals might also have bad memories in general

What did economists have to say about the ways the death penalty was studied

They have no considered systematically the actual enforcement of the death penalty

Without expert testimony what happens with jurors?

They overestimate how accurate eyewitnesses are

Do jurors actually use polygraph evidence?

They say yes but research says no

Mathematical Models are often thought of as...

Think and adjust

Two types of death by lethal injection

Three drug protocol One drug protocol

Majority rule juries disadvantages

Took less time discussing evidence and more time voting Stopped when majority reached More likely to exert normative influence Those who hold minority opinion talk less Felt less informedFelt less certain of verdict

Why are detectives not great deception detectors?

Training More susceptible to confirmation bias

What are solutions to false confessions?

Training in good interrogation techniques and not using bad techniques (Reid)Reshape the goal of interrogation to info gathering Make it more of a dialogue Video recording Time limits Safeguard vulnerable suspects Expert testimony

Rogers Criminal Responsibility Assessment Scales (R-CRAS)

Translate insanity into 25 quantifiable variables, grouped into five topics

Advisors

Trial consultant, expert tests, briefs, etc.Look at whether the defendant has severe mental health issues, whether they are competent to stand trial, whether they have psychopathic traits, whether the court needs to be informed on some issue

Who is the gatekeeper of expert testimony?

Trial judges

Goal of science

Truth (though uncertainty is inherent) Descriptive and explanatory

Cognitive techniques for deception detection

Truth tellers get angrier if you call the a liar Truth tellers have richer spatial recollections Truth tellers find it less mentally taxing to tell their stories in reverse

Ex of implicit memory

Trying to teach someone how to ride a bike

Manson criteria

Two prong test

Actuarial method in Sabrin study

Two-variable equation -> college aptitude test score and high school grade record

Ex of system variables

Type of lineup

6 person juries in criminal cases always require what kind of verdict

Unanimous

Federal court requires what type of verdict?

Unanimous

Atkins v. Virginia

Unconstitutional to sentence intellectually-disabled defendants to death

Roper v. Simmons

Unconstitutional to sentence someone to death for crimes committed while under the age of 18

Why might the memories of children be more problematic?

Under age of 5, children have difficultly distinguishing imagined from real events Ability to encode, store, and retrieve information not fully developed Greater risk for inaccuracy with suggestive or biased questioning

How we study juries

University of Chicago jury project Mock juries

Bayes theorem

Updating a belief/hypothesis/parameter estimate with new info LOOK AT NOTES FOR MATH

Actuarial prediction at its core

Use formula/equation, algorithm, decision rule, or other statistical tool to compute data and reach a decision

Purpose of Leli and Filskov

Use intellectual testing to predict the diagnosis of progressive brain dysfunction

Informational influence

Using others as a source of info

Guilty but Mentally Ill (GBMI)

Usually additional alternative verdict to guilty, not guilty, and NGRI Defendants go to prison (for typical time) and get treatment or put in MHF until they are not dangerous then transferred to prison

Prevalence of abuse (child maltreatment)

Varies by jurisdiction and through different measures

Who has the burden of proof for insanity?

Varies by state

Orientation

Verdict driven style Evidence driven style

Problems with duration of eyewitness's exposure to the crime

Very brief exposures do not allow for explicit memory We tend to overestimate exposure rates

Research on Holmes and Holmes typology shows..

Very little evidence

Ralph Tortorici

Video we watched

Sequential lineups

View one person or photo at a time

Holmes and Holmes (model of profiling)

Visionary Mission Hedonistic Power-control

Deception detection is the idea that

We give away a clue like a nervous tick

Race effects

We treat our own race more lenient More likely to give death sentence in cases involving black or latino defendants who killed white victim

Physical attractiveness effect on jurors

Weak effect Attractiveness to facilitate crime flips the effect

Eyewitness confidence is

Weakly correlated with accuracyHighly correlated with persuasiveness

Short Tandem Repeats

When a pattern of one or more nucleotides is repeated directly adjacent to each otherD7S820 (repeats of GATA)

When is non-evidence based info used?

When evidence is ambiguous

Leichtman and Ceci (1995) (Child Maltreatment) maintained

When the interviewer offered a counter suggestion like "you didn't really see them do it, did you"

Kassin and Sukel (1997) looked at what

Whether the confession was voluntary Whether the confession influenced their decision

Simple match

Whether the two samples share characteristics

If race is salient in case

Whites decrease harshness toward black defendants

Uxoricide

Wife killing

Volitional

With deliberate intention

Does the Manson Criteria Help?

Witness overestimation of view time Does not get at biased questioning and lineup procedures Confidence is not a good predictor of accuracy

Mental health costs of intimate partner violence are higher in what gender?

Women

Eyewitness recall can be shaped by...

Wording of questions

Can public employers use polygraph tests to hire?

Yes

Do abusers in intimate partner violence sometimes kill their victims?

Yes

Do job training and education reduce recidivism?

Yes

Individual factors in predicting intimate partner violence; man's increased likelihood of committing IPV

Young age Low level of education and low IQ More controlling men -> violent against their partners (first coercive control then violence)

Test-retest reliability

a method for determining the reliability of a test by comparing a test taker's scores on the same test taken on separate occasions

Law is based on promoting

client interests

Judges and juries are more likely to disagree with...

close cases not difficult cases

Class characteristics

common to a category

Kassin and Neumann (1997) found

confession had highest conviction rate

Legally and morally wrong

defendant must also be unaware that the act is condemned by society

Legally wrong

defendant must be unaware that the act is against the law

PTSD primary diagnosis

for people suffering from aftereffects of extreme trauma

What are the four types of false confessions?

instrumental coerced, instrumental voluntary, authentic coerced, authentic voluntary

If juries hang and inform judge what can judge do

judge can provide a dynamite/Allen charge

Decrease regulatory processes

less able to control thoughts, feelings, and behaviors when pursuing goals

Judges and juries think judges can be

less biased

Inter-rater reliability

measure of agreement among observers on how they record and classify a particular event

Memory is...

malleable

The freewill argument says that people are...

morally responsible

authentic voluntary false confession

occurs when someone suffering from delusions confesses to a crime with little or no pressure from interrogators

Criticism of indeterminate sentencing

person with the same crime can get a different sentence or spend different amounts of time incarcerated

Science is...

reproduciblepeer reviewed

What is DNA

the double-helix structure that holds an organism's entire genetic sequence

Fundamental attribution error?

the tendency for observers, when analyzing another's behavior, to underestimate the impact of the situation and to overestimate the impact of personal disposition

Determinate sentencing became popular because

to reduce sentencing disparitiesTo reduce leniency of indeterminate sentencing

Guilt phase

trial that is held to determine the outcome of the charges pending against a person

Individual characteristics

unique to that person or object