Forensic Psychology Exam 2

Controversial for Voir Dire

- can be called "stacking the Jury" that will give you a ruling in your favor - therefore can eliminate jurors who are "bad" or will scrutinize the evidence - is a breeding ground for bias, especially with race and gender.

Paul Ingram Case Study

-Paul: Christian, 41 years old, 2 daughters -Daughters went on church retreat and remembered that they'd been sexually abused by their father -Paul was interrogated for days on end, and eventually said he remembered -Also confessed to being involved in gang bangs, and a decade of being in a satanic cult -Loftus's friend Ofshe went to see him, told Paul a lie to which he responded "I guess I don't remember that" -The next day, Ofshe came back and discovered Paul had confessed in detail to the lie, even though it never happened -Despite this evidence, Paul was convicted anyway

Steps to Go to Trial ( if at all)

1. Arrest 2. Charges Filed 3. Bail Review Hearing - if you can't afford bail, you are incarcerated.

Reid Technique Actual 9 Steps

1. Confrontation 2. Theme Development ( story and reason) 3. Overcome Denials- by cutting them off 4. Overcome Objections - by showing evidence 5. Retain Suspect's Attention 6. Usage Cooperation/Reassurance 7. Face- Saving Alternatives 8. Recount Crime/ Get Admission 9. Full Written Confession

Jury Selection Process

1. Jury Pool ( Venire) which is essentially registered voters but not everyone is registered so this already leaves out people. Especially poor African Americans and Latinos due to Voter Supression 1/2. Questionnare to Assess Your Ability to Serve. Can be Eliminated For: mental incompetence, being a convict, being a police officer, legally blind, primary caregiver, or emergency doctor, and so on. 2. Voir Dire " To Speak the Truth" or process to assess Jurors for Potential Bias. There are different types of this.

Voir Dire Types

1. Limited Voir Dire - when the attorney or judge asks you yes/no questions of the entire group. Ex: Do you have an opinion on whether the defendant is innocent or guilty 2. Extended Voir Dire: Is when the judges and attorneys might choose to ask but open/close ended questions. They might be questioned on topics relative to the case and would be encouraged to speak about their experiences. 3. Typical Voir Dire: is somewhere in between the first and second types where the potential Jurors fill out questionnaires and are asked questions by attorneys and judges. This usually lasts about 5 hours.

2 types of polygraph tests

1. Relevant/Irrelevant Procedure - the theory behind this one is that the guilty will act more nervous about the Relevant Questions in comparison to the innocent. 2. Guilty Knowledge Test - purpose is detect the presence of guilty knowledge, not detect lies. - Was developed by psychologist David Lykken - the hope is that if a factual answer is spoken, the suspect is aroused. - however, the probability of anyone knowing anything of the question/answers they are aroused is 0003%

Options For Paying/Avoiding Bail

1. Stay Incarcerated 2. Plead Guilty with a shorter sentence 3. Bail Bonds 4. Ask Family for Money

Decreasing False Confessions

1. Videotaping All Confessions 2. Change Interview Protocols 3. Educate People about their Miranda Rights

Drizin and Leo (2004)

125 proven false confession cases (DNA did not match the person who confessed) and False confessors who later pled "not guilty" were convicted 81% of the time (despite exculpatory DNA evidence)

Coerced-Compliant False Confession

A confession that results from a desire to escape a coercive interrogation environment or gain a benefit promised by the police. This usually happens to adolescents and cognitive deficient people because they only see the short-term benefits. This is due to the development of their brain.

Coerced-Internalized False Confession

A confession that results from suggestive interrogation techniques, whereby the confessor actually comes to believe he or she committed the crime.

Reid Technique

A method of interrogation consisting of nine steps, which focus on how to facilitate the interrogation process, how to communicate with the suspect, and what to say to the suspect.

35.8% are Incarcerated

Because they cannot pay Bail and are awaiting their Pretrial.

Con with Videotaping Confessions

Camera-Perspective Bias - Daniel Lassiter - he had three interrogation tapes shown 1- had just the suspect 2- had just the investigator 3- Both He found that if the tape contained just the suspect, the Jury were more likely to think the suspect is guilty when in fact, all of them were innocent.

NGA Troung Case

Case in which the son dies in his sleep due to SIDS, but police think Troung ( the mother) did it and got a forced confession in which she was convicted. Eventually, she was released from Jail.

Kassin & Kiechel (1996)

False confessions: had students type fast on a computer but not to press the ALT key if they did it would crash losing important info. The computer automatically crashed and 69% said they had pressed the ALT key though they had not, 28% were convinced they actually had

Leo ( 1992)

Found that most confessions are retained using trickery an deceit

Kalief Browder's case

He was accused of stealing a backpack with an iPad in it. They brought charges against him and was incarcerated because he couldn't afford bail. He was sent to Riker's Prison, the worst prison in the nation, for two years. He served the time and then was released. However, He hung himself due to how horrible the experience was.

Liebeck v. McDonalds

Is the case of a woman who ordered coffee from the Drive Thru, opened it to add milk and sugar but her son who was driving, started to drive and the coffee spilled. Due to this, she got third degree burns and had to be treated at the hospital and get skin grafts. It also caused great psychological stress. She asked McDonald's to pay for her medical bill but McDonalds refused. Liebeck then sued and won 29 million due many other complaints about the coffee being too hot. The cup also did not say: Caution: Contents are Hot.

Challenges

Is when an attorney on either side is allowed to "strike" a potential juror from serving on the Jury. There are two types of Challenges: 1. Challenge For Cause 2. Peremptory Challenge

Rodney King Case ( 1991)

King was being followed by Police with Sirens but he refused to pull over and uncooperative. He got in accident and somehow had to start running on foot and was shot with a Taser. However, once he was incompacitated, the Police continued to beat him with their Batons. In April of 1992, the officers were acquitted which led to a huge 9 day of riot. This was due to the Jury being mostly white and feeling that their wasn't a fair representation of the community on the Jury ( there were no Blacks essentially). Later, the police were charged with Civil Rights Violations.

Negatives For Each Voir Dire

Limited- It doesn't tell you about Juror's beliefs and since it is a group setting some may not raise their hands and some will raise their hand to get social desirability. Extended- Although it can reveal an individual's bias, it can motivate someone to be excluded from Jury duty and still have social desirability come into play. Therefore, it is better to use a combination of both.

Michael Crowe Case

Michael Crowe was a kid who after three days of interrogation, confessed to killing his sister due to the police's interrogation technique. Eventually, they discovered it wasn't him due to DNA.

OJ Simpson Case

OJ was accused of stabbing and killing his wife Nicole. He was brought charges and had a very public trial. He was acquitted by the Jury. However, only 25% of adults felt that the OJ verdict was "right". He was found guilty in Civil Court due to different criteria but the case showed the power of picking a Jury that sympathized with the defendant

Original Juries

Original Juries were not impartial and were people you knew who could assess if you could commit the crime given your character. Later, it became important for a jury to be impartial in order for the defendant to get a fair trial.

Peremptory Challenge

Removal of a prospective juror without giving any reason and little intervening from the judge. The amount of challenges they get depends on the severity of the crime, jurisdiction, and charge. A Civil Case might get 3 and a Capital Case with the Death Penalty will get like 25.

Reid Technique Step List

Step 1: Behavior Symptom Analysis in which detectives look for evidence of truth or deception. Said there is a 85% accuracy but is not true. The highest accuracy is 60% Step 2: Interrogation - happens if the detective thinks you are lying Use Three Techniques 1. Isolation- make suspect feel like they are alone- sensory desperation 2. Maximization - they emphasize the strength of the evidence and use scare tactics like encroaching on their space and outnumber the suspect. Cornering them, hard chair, putting them in the corner. 3. Minimization- show that the investigator understands and is on your side, makes the charge seem smaller.

False Confession Types

There are three Types: 1. Voluntary False Confession 2. Coerced-Compliant False Confession 3. Coerced-Internalized False Confession

Theresa Fusco Case

Theresa was kidnapped/assaulted but did not remember her offender. John Kogut was a nearby offender and police interrogated him for 18 hours and then lied to him, said he failed his polygraph, and had other evidence against him. Then he confessed implicated two other people. They were convicted and sent to jail for 19 years despite the other people's denial. They were exonerated by DNA.

Baston vs. Kentucky ( 1986)

This a Supreme Court Case that held that James Batson ( a black man convicted of burglary by an all-white jury) had been denied his right to a fair trial. In 1994, this was extended to gender so no attorney could use a P to eliminate someone for race or gender.

Kassin & Sukel (1997)

Was the study done on Jurors in reference to confessions. There were 3 groups of Jurors. The 1st Group was given no confession by the suspect and as a result, only 19% of them convicted the suspect. The 2nd Group was given a high pressure confession or a confession that was coerced. They were told that it was coerced. The Jurors said they did not use it in their decision. Yet, 50% convicted the suspect. The 3rd Group was given a low pressured confession or a confession with little to no coercion. 62% of the jurors convicted the suspect.

Who created the first Polygraph?

William Marston created the first Polygraph with heart rate and pulse moderator.

Voluntary False Confession

a confession that was pre-decided before the interrogation tactics. It is usually done to protect somebody ( a family member, significant other, even a gang member) Other Reasons: 1. Desire For Notoriety - the person wanted attention or to be connected to the case. Ex: John Bene Ramsey Case 2. Mental Illness 3. The Inability to distinguish Reality from Fantasy.

Carlucci, Sehreiber, and Zimmerman (2012)

a study done in Texas near the border that looked at crime cams/tapes and cut them before the police found drugs, gun, excess money, or nothing and then asked Students and Police if they were guilty/lying or not. Result: There was only a 60% hit rate with Students scoring higher ( 55%) and Police scoring lower (48%) most likely due to Lie Bias.

Davis vs. North Carolina ( 1966)

a suspect was held for 16 days without calling a lawyer or a family member.

Larson ( 1932)

added to the Polygraph in which is measured more than just someone's blood pressure. Ex: it examine Sweat

Ziesel & Diamond (1978)

examined votes/verdicts in 12 criminal trials. They convinced the juror who had been stricken by Attorneys to stay for case to compared the Shadow Jury's verdict with the Actual Jury's verdict. Both of them had similar results despite some being struck for "bias"

Gudjonsson (2003)

found that Coerced Internalized Confessions were linked to Memory Distrust Syndrome. This is a lack of trust in one's own recollection.

Sommers (2002, 2006)

found that compared to all white Juries Heterogenous Juries or Juries made of different types of people 1. Analyzed the Facts from different Points of View 2. Had longer deliberations 3. Discussed Racially Charged Topics/ more aware of Racially Charged Issues in the Case. 4. Discussed More Facts about the Case Which essentially led to them being better problem solvers.

Kassin & Neumann (1997)

found that juries convicted 73% of the time if there was a confession among the evidence.

In Kassin, Goldstein and Savitsky's (2003) study,

interrogators who assumed that the suspect was guilty. They created criminals and investigators, then paired up the criminals and investigators, and then manipulated guilt presumption. The result: there was usage of coercive interrogations, rated suspects as more guilty, exhorted more pressure on the investigation in general. It was the worst for Innocent People.

Frazier vs Cupp (1969)

is the court case that decided police could use lie about evidence to get a suspect to confess.

Challenge For Cause

is when a juror can be struck if they exhibit so sort of bias like being anti-gay when the defendant is gay or have a relationship to someone in the case ( like attorneys, cops, judge)

Collins vs. Briefly ( 1974)

police lied and said the victim pulled through, implicating them as the suspect.

People vs. McRae ( 1978)

police used phony witness identification

Jackson vs Denno (1964)

pretrial hearing to assess voluntariness of confession, concern that the jury may not be able to disregard a confession that is not later allowed

People vs. Mayes ( 2009)

states that police can say they ( the suspect) failed the polygraph even though it is a lie.

Discounting Principle of Attribution

the idea that jurors should give less weight or disregard the suspect's confession if it was coerced.

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.

Johnson & Haney (1994)

they compared juries picked by attorneys, law students, and college students and planted some bias jurors in the experimental study. There was no difference among the group's ability to find and strike bias jurors.

Nietzel & Dillehay ( 1986) Capital Trials

they looked at 35 capital trials and found that in these cases when there was no trial consultant the death rate was 61% of the time but if there was a trial consultant, the number went down to 33%.

Russano Paradigm ( 2005)

used students and were paired with a confederate ( a person in co-hoots with the researcher but participant does not know that) The participant is given problems to do ( some solo some group) the confederate asks for help on a solo question, essentially cheated. Most do it and then they are separated and told that they have cheated and could be expelled . Then used a minimization and a deal - (sign this and admit it so they can leave/everything will be ok) The Result: 50% of innocent suspects confessed them minimization and deals are used together.