Psychology and the Legal System Ch 1, Psychology and the Legal System Ch2, Psychology and the Legal System Ch3 Part 1
Black-letter law
"law on the books" refers to the law as set down by our founding fathers in the Constitution, as written by legislators, and as interpreted by judges.
The 3 physiological variables that appear most strongly related to aggression and delinquency
(1) Abnormally high levels of testosterone, (2) increased secretion of insulin, and (3) lower levels of serotonin.
goals of the scientific method in psych
(1) describe a phenomenon (2) explain (3) predict (4) apply knowledge gained
expert testimony can be admitted if:
(1) it can be proven true, (2) It is evaluated through peer review, (3) Reliability, (4) extent of acceptance in scientific community.
How does violence in media/music impact people?
(1) the power to change mood (2) Increased likelihood of aggressive reactions to others (3) Repeated viewing leads to desensitization (4) Especially detrimental for already aggressive youth and adults
2 prong test created by Daubert v. Dow (1993) to determine admissibility of expert witnesses in a trial
1) The trial judge must determine whether the testimony is relevant and 2) If relevant, whether it is based on reliable and valid science.
What year was the beginning of academic psychology?
1879
apprentice method of training lawyers in the 18th and 19th centuries
A young man would attach himself to an attorney for a period of time, until both he and the lawyer were satisfied that he was ready to be "admitted to the bar." He would then be questioned by a judge or lawyer and pronounced fit to practice.
what kinds of crimes are African-Americans more likely to be arrested than white Americans
African-Americans are much more likely to be arrested for drug crimes than white Americans.
Why are mass killings difficult to study and/or predict?
Although they may be increasing, they are still very rare events. Those perpetrating them often commit suicide or are killed by responding law enforcement officers.
Describe how anthropology studies the law
Anthropologists compare laws in different societies and relate them to other characteristics of these societies. They may examine the frequency of rape in different societies, and its relation to other factors such as the degree of male domination.
The impact of the Great Recession (2007-09) on societal response to crime
As federal and state budgets tightened, legislators and law enforcement officials reevaluated the many, expensive "tough on crime" policies.
How are average citizens affected by the law?
Average citizens are affected by the law in their private, as well as personal lives. Laws dictate how long one must stay in school, how fast one may drive, as well as when (and sometimes whom) one may marry.
5 roles played by psychologists who work in the legal system
Basic scientists, applied scientists, policy evaluators, forensic evaluators, or consultants
What percentage of criminal defendants never go to trial? What percentage in civil trials?
Between 90% and 95% of criminal defendants never go to trial, and about 90% of civil cases.
race-based profile in traffic stops
Black and Latino motorists have filed numerous lawsuits over the practice of profiling, alleging that the police, in an effort to seize illegal drugs, weapons, or to find undocumented immigrants, apply a race-based profile to stop and search them more frequently than white drivers. This is an example of a problem that needs more of the equality principle and less unchecked discretion.
impact of campaign contributions to judges' campaigns on their later court decisions
Campaign contributions from political parties and interest groups increase the chances that judges will favor litigants who align with those interests. Campaign contributions even affect judges' decisions by increasing their bias against criminal defendants.
Ethics of the basic research scientist
Cannot fabricate or forge data, plagiarize, or present a skewed selection of the data to hide observations that do not fit their conclusions.
Key players in the legal system
Defendants, witnesses, civil and criminal lawyers, judge, juries, convicts and parole boards.
In addition to the ethics of psychologists, to what other set of ethical standards must consultants in psychology and law adhere?
Consultants must also adhere to the ethical code of the attorneys: the Code of Ethical Principles, Professional Standards, and Practice Guidelines developed by the American Society of Trial Consultants.
three divisions of NC court
District, superior, appellate
Psychological theory of crime
Emphasizes that crime results from personality attributes that are uniquely possessed, or possessed to a special degree by the potential criminal.
Evan Miller
Evan Miller was a 14-year-old drug user who suffered extreme abuse and mental health problems. In 2003, he attempted to rob his 52-year-old neighbor, but actually ended up killing him. His original sentence was life without parole.
What are federal prosecutors called? State prosecutors?
Federal prosecutors are called U.S Attorneys. State prosecutors are called district attorneys.
Truth vs. Resolution
Finding the truth is a desirable goal, but it can be lofty and impossible. Some observers have proposed that the real purpose of a hearing or trial is to provide social stability by resolving conflict. *note: plea bargain
Magistrate Court
First Appearances / Setting bond & pretrial release
The United States is considered one of the most "individualistic" societies in the world (vs. collective). How does this impact the creation of laws?
Freedom and personal autonomy are two of our most deeply desired values in the U.S. Laws are often tailored to avoid creating burdens on individual liberties.
What percentage of juveniles were involved in a homicide, and what has been the trend in recent years?
In 2002, juveniles were involved in 8% of all homicides. Rates have continued to decrease between 2011 and 2014.
What was the position of the US Supreme Court regarding the rights of defendants in the 1960s? What is the Miranda warning, an example of the Court's posture at that time?
In the 1960s, the Supreme Court expanded the rights of defendants in order to help shrink the gap between the powerful government and the lowly suspect. The Miranda rule guaranteed the right to remain silent when in police custody. The right to an attorney for criminal defendants when incarceration was at risk was also granted.
Edward Rosenheimer
In the early 20th century, Edward Rosenheimer was charged with violating the newly implemented reporting laws. He did not contest the charge that he had caused an accident that injured another person, but he claimed that the law requiring him to report it to the police was unconstitutional because it forced him to incriminate himself. He argued that he should be freed of the charge of leaving the scene of an accident, and that the law be removed from the books.
Why are twin studies important in evaluating biological theories of crime?
In twin studies, the researcher compares the concordance rate (the percentage of pairs of twins sharing the behavior of interest) for monozygotic twins (identical) and Dizygotic twins (fraternal). If the monozygotic concordance rate is significantly higher, the investigator concludes that the behavior in question is genetically influenced.
Individual rights vs. societal rights
Individuals have certain rights, such as freedom of expression, that may interfere with the well being or happiness of the common good. Thus, restraints can be placed on the individual for the common good. For example, individuals who choose to smoke cigarettes have the right to do so, but the people who are at the same place also have the right to breathe clean air. Another example looks at an individual's right to express himself through how he dresses, while his community is offended by his sagging pants, and attempts to ban the fashion statement.
impact of the defendant's physical appearance on death penalty sentences
Individuals receive longer sentences when they have more Afrocentric facial features and darker skin tones. The likelihood of a black defendant being sentenced to death is influenced by whether he or she has a stereo typically black appearance.
Judges sympathies
Judges sympathies intervened and they responded differently to the two defendants. Only 44% who read about the father ruled that he had committed forgery, compared with 60% who read about the drug cartel's assassin.
judges with daughters
Judges who have daughters, regardless of their gender, tend to be more liberal on gender issues than judges who do not have daughters
Supreme Court changes in juvenile sentencing
Juveniles who commit murder before age 18 cannot be subjected to the death penalty (Roper v. Simmons, 2005) nor automatically sentenced to life without the possibility of parole (Miller v. Alabama, 2012).
Kurt Lewin
Kurt Lewin, a founder of social psychology, proposed the equation B = f(p,e): behavior is a function of the person traits and the environment. Ex: a prosecuting attorney may recommend a harsher sentence for a convicted felon if the case has been highly publicized, the community is outraged over the crime, and the prosecutor happens to be waging a reelection campaign. Or, a juror holding out for a guilty verdict may yield if all the other jurors passionately proclaim the defendant's innocence.
Law deals with absolutes, while psychology talks in terms of probabilities. Explain what this means.
Legal questions often require an "either-or" response: A person is either fit or unfit to be a parent, etc. Psychologists prefer probabilities: This defendant's delusional thinking could indicate a psychiatric disorder, or that a white eyewitness to a crime is more likely to misidentify a black perpetrator than a white perpetrator.
MAO-A enzyme
Low amount to none has been linked to borderline intellectual deficiency, and impaired control of impulsive aggression. when combined with childhood maltreatment it seems to express more so.
Sociological theory of crime
Maintains that crimes result from social or cultural forces that are external to any specific individual and emerge from social class, political, ecological, or physical structures affecting large groups of people.
If a student threatens to commit mass violence, what is the likelihood they will commit it?
Most of those who make implied or direct threats will not go on to commit serious violence.
Research findings that led to NYC terminating "Stop and Frisk"
NYC police stopped around 4 million people between 2004 and 20012, but police department statistics show that the stops were not race neutral. African Americans accounted for 52% and Latinos for for 31%, despite constituting 23% and 29% of the city's population.
how each key player in the legal system has discretion.
Police officers show discretion when they decide not to arrest someone who has technically broken the law. Prosecutors exercise discretion when they decide which of many arrestees to charge and for what particular crime. Juries exercise discretion in not convicting defendants who killed under circumstances that may have justified their actions. Prison officials have discretion to award "good behavior," grant furloughs and move prisoners to more or less confining conditions. Discretion may be most obvious in the sentences administered by judges to convicted criminals.
Relative to the 1960s, how have the opinions of the Supreme Court changed over time to the present day?
Present day Supreme Court opinions have often ruled in favor of police. Ex: Traffic laws.
Given the advent of Google Glasses and driver-less cars, provide 1 example of psychological research that will need to be conducted on either of these topics to aid the law.
Psychological research will be needed to assess whether navigating with Google Glasses while driving is more or less distracting than glancing at a GPS unit or phone.
Defense Attorney
Represents the person facing criminal charges (defendant).
rates of crime in the US between 1993 and the present
Rates of serious crime have been steadily declining.
positivist school of criminology
Rather than focusing on an individual's free will, positivists emphasized multiple factors that they believed determined criminal behavior. They sought to understand crime through the scientific method and the analysis of empirical data. Modern theories of crime developed from the positivist school of criminology.
lawyer satisfaction
Only about 50% of lawyers report satisfaction with their work, and just 40% reported that they would recommend their career to someone else.
How people exposed to the adversarial system feel about verdicts, vs. those in the inquisitorial system
People exposed to adversarial procedures thought they had produced verdicts that were just but not necessarily accurate, whereas those exposed to inquisitorial procedures thought the reverse: the verdicts were accurate but not necessarily just.
How are values and choices connected, and how does this impact the creation of laws?
People must make decisions about their personal values, but when real-life choices are made based on those values, they can sometimes be problematic for others. People who opt not to wear a seat belt are making a seemingly personal choice, But that choice puts them at greater risk for death or serious injury in an accident, and accidents involve costs to society, including lost wages, higher insurance premiums, and disability payments to the injured person and that person's dependents.
relationship between personality traits of lawyers and their satisfaction with practicing law
Personality traits such as a preference for dominance, competitiveness, the need for achievement, and interpersonal insensitivity are markers of an individual who will feel more content with a career as a lawyer.
What is the effect of an apology on settlement negotiations in civil cases?
Research shows that apologies advance settlement negotiations and reduce plaintiffs' inclinations to sue. They also affect the bottom line: In medical malpractice cases, apologies reduce the average payout by $32,000
motivations of mass shooters
Revenge, delusions, fame
4 categories of theories of crime
Sociological, biological, psychological, and social-psychological
Describe how sociology studies the law
Sociologists usually study a specific society and examine its institutions (ex: the family, the church, or the subculture) to determine their role in developing adherence to the law. They might study the role of social class in criminal behavior. (examines groups rather than individuals.)
How are state judges selected, vs. federal judges?
State Judges face elections. Typically the governor makes an initial appointment and the judge is then retained or not in a popular vote. Federal judges are appointed by the president and serve for life.
Biological theory of crime
Stresses genetic influences, neuropsychological abnormalities, and biochemical irregularities.
Main research methods
Survey, case study, interview
The American justice system is adversarial by nature. What is the impact of that approach on finding the "truth" in a criminal or civil trial?
The ABA instructs attorneys to defend their clients "zealously," as opposed to simply finding the truth of the matter. They do not represent their side as objective, rather they support their client's interests with the best evidence available, and aim to win.
What was the ACLU's position on the white supremacists at the rally? Are there any restrictions on freedom of speech, and if so, what are they?
The ACLU supported the white supremacist's right to protest. Freedom of speech does not extend itself to obscenities, fighting words, and perjury.
2 major points in the brief filed by the APA in the Evan Miller case.
The APA's brief concluded that (a) adolescents are less mature than adults in ways that make them less culpable and (b) it is not possible to predict with any reliability whether a particular juvenile offender is likely to re-offend violently.
Internal Validity
The ability of a test to measure what it is intended to measure (ex: confounding variables)
aggression has been linked to four regions of the brain
The amygdala, hippocampus, thalamus, and midbrain
How does plea-bargaining benefit the state, and how does it benefit the defendant?
The state benefits by avoiding the expense and trouble of a trial and the possibility of an acquittal, and sometimes by obtaining the testimony of the accused person against others involved in the crime. The defendant benefits by receiving some kind of reduction in the penalty imposed
what year did the first openly gay male get appointed as a federal judge? Who is most likely to be a federal judge, in terms of ethnicity and gender?
The first openly gay male to be appointed as a federal judge was not until 2011. White heterosexual men are the most likely type of people to be federal judges.
are mass shootings increasing or decreasing?
The frequency of such shootings has increased substantially.
Defendant
The individual, company, or institution sued or accused in court
heritability of crime based on adoption studies
The influence of heredity is higher for aggressive types of antisocial behavior than for nonaggressive crimes such as drug-taking, shoplifting, and truancy.
When the car was invented, what kinds of laws did that create?
The invention of the automobile created laws that were meant to protect pedestrians and prevent car accidents. The law requires a driver who injures another person to report the incident.
Who makes the final decision about whether to allow or disallow an expert witness at trial?
The judges make the final decision to allow or not to allow an expert witness at trial.
How many US Courts of Appeals exist in the US, and where are they located? How many judges make decisions about federal appeals?
There are 13 federal courts of appeals, divided into geographical circuits. Three judges make up the panels.
Prosecutor
The lawyer who conducts the case against the defendant in criminal court.
Where are most lawyers likely to work?
The most likely place to find a lawyer is in a private practice. In 2005, 75% of licensed lawyers worked in that setting, most often in solo offices
Why is it difficult to draw firm conclusions about the characteristics of school shooters?
The number of school shooters is small, and there is a range of characteristics and circumstances in this small group.
Why does violent crime at a school or workplace upset Americans most, even though it occurs relatively infrequently?
The perception that school shootings make our schools unsafe has been growing, likely fueled by immediate and extensive coverage of the horrific events. The public becomes especially fearful when they perceive it occurring in traditionally safe environments.
Plaintiff
The person who brings a case against another in court.
mental health of attorneys in the years right after law school
The psychological dysfunction that manifests in law school tends to subside within a few years of graduation, but practicing lawyers still report significant levels of personal distress and job dissatisfaction.
If crime rates have decreased, why are Americans still reporting that fear of crime is one of their most urgent concerns?
The rate of violent crime is still relatively high despite recent decreases. People's fear of crime is heightened by the highly publicized crimes of a few individuals that evoke images of an epidemic of random violence beyond the control of a civilized society. Awareness of specific crimes is increased by the rapid, widespread access facilitated by the internet.
Inquisitorial system
Used in Europe, gives the judge more control over the proceedings. The questioning of witnesses is done almost exclusively by the presiding judge. The two sides do not have separate witnesses, the witnesses testify for the court, and the opposing parties are not allowed to prepare the witnesses before the trial.
Two sources of data used to determine crime rates
Victimization studies and official police statistics are both used to determine crime rates because unless a crime has been reported to the police and they have classified it as criminal it will not be included in police statistics. Yet, because victimization surveys are self reported, things like drug possession and murder may not be reported.
Why is it difficult to accurately profile a school shooter?
We might identify being bullied, having an interest in violent themes, and experiencing difficulty coping with significant loss as important risk factors. But such a profile would target an extremely high percentage of school-aged adolescents who would never go on to commit a school shooting.
Equality vs. Discretion
When a judge gives in too much to the principle of equality, circumstances are not adequately factored in, and sentences can sometimes seem unfair. On the other hand, If a judge leans too far into personal discretion, discrimination and bias can create unfairness for those involved. For example, Ken Peacock shot his wife after finding she was having an affair, and was sentenced to 18 months (too much discretion). While a female defendant in the same city, same week, was given 3 years for killing her abusive husband of 11 years (too much rigid equality).
Internality
Whether we explain the cause of an event as due to something internal to a person or to something that exists in the environment.
Psychopathy
a personality disorder whereby the individual needs to be taught "as if" he or she feels certain emotions. It is measured by the Hare Psychopathy Checklist, or PCL-R. It measures superficial charm, pathological lying, manipulation, lack of remorse, callousness, promiscuity, need for stimulation., parasitic lifestyle, poor behavioral control, irresponsibility, early behavior problems, and criminal versatility.
EEG (electroencephalogram)
a test used to evaluate the electrical activity in the brain. Irregular patterns often result in poor impulse control and impaired judgement
Lester Zygmanik
a 23-year-old who shot his older brother, George, in his hospital bed. George had asked Lester to kill him due to his physical state of paralysis, post motorcycle accident. George was charged with first-degree murder, but was found not guilty
Do judges become more punitive in their decision making as elections get closer in time?
Yes, judges added more than 2,700 years of additional prison time in aggravated assault, rape, and robbery cases when they were standing for election.
Can laws be changed?
Yes, laws must change along with technological advancements as well as shifting worldviews of the american people. Advancements in neuroscience, brain imaging, and DNA testing now have great impacts on the outcomes of investigations and trials as well as new legislation.
Expert Witness
someone who possesses specialized knowledge about a subject, knowledge that the average person does not have.
2 types of aggression
affective/reactive and predatory/proactive
Forensic evaluation
an assessment that may cover the competence of a defendant to stand trial, their mental state at the time of the alleged offense, the degree of emotional or brain damage suffered by the victim, the effects on a child of alternative custody arrangements after divorce, the risk of future violent or otherwise criminal behavior, or the prospects for a convicted defendant's rehabilitation in prison or on probation.
Public Defenders
appointed to represent criminal defendants who cannot afford to hire a lawyer. This dates back to Gideon v. Wainwright (1963).
impact of attending law school over time
attending law school tends to undermine students' values, motivation, and mental health. Overall, students showed relatively high levels of psychological distress: 13% had scores that placed them above "normal" for anxiety, 11% on stress, and 10% on depression. Drinking was reported to be frequent as well. First year students showed the most distress.
Criminology
the study of crime and criminal behavior at the micro and macro level.
sentencing disparity
the tendency for judges to administer a variety of penalties for the same crime.
offenders' average IQ
on average about an 8-10 point lower IQ than nonoffenders, and are less able to (1) postpone impulsive actions, (2) use effective problem-solving strategies, and (3) achieve academic success in schools as a route to socially approved attainments.
What does the Supreme Court have jurisdiction over?
over all cases decided by the federal appellate courts.
ordinary people's views of intent and attempted crimes
people's intuitions differed in predictable ways from the position of the Model Penal Code. In situations where the person depicted the scenario had taken only preliminary action, few people thought he was guilty, and those who did assigned mild punishments.
what does the prefrontal cortex of the brain control?
planning, monitoring, and controlling behavior. Damage to this region may predispose individuals to risky, impulsive decision-making, lack of arousal, thus predisposing individuals to stimulation-seeking behaviors.
similarities between psych and law
both seek to predict human behavior. both require a level of certainty: statistical significance vs beyond reasonable doubt
most common form of aggression in educational settings
bullying, or on college campuses: date rape and hazing.
Due process model
primary value on the protection of citizens, including criminal suspects, from possible abuses by the police and law enforcement. It assumes the innocence of suspects and emphasizes the rights of individuals. Ex: Miranda warning, Gideon v Wainright, Westboro protestors
external validity
extent to which we can generalize findings to real-world settings
benefits of the adversarial system, as perceived by Americans? How do non-Americans feel about it?
produces less biased decisions that are more likely to be seen as fair by the parties in dispute. Non-Americans have also rated the adversary procedure as fairer, perhaps because it allows attorneys and their clients to control the arguments and strategies.
autonomic nervous system response
measures how well the brain carries information throughout the body, it is associated with emotions. It is measured by heart rate, skin conductance, respiration, and blood pressure. Research has found that some offenders differ in that they display chronically low levels of autonomic arousal and weaker physiological reactions to stimulation.
Clarence Gideon
charged with breaking into a pool hall and stealing money from a cigarette machine and a jukebox. He did not have a lawyer during his trial, and he lost his case. From his cell, he filed a pauper's appeal to the Supreme Court, claiming that the constitution guaranteed the right of every defendant in a criminal trial to have a lawyer. The Court agreed, creating a new precedent for criminal trials.
Reliability
consistency and accuracy of measurement
Mens Rea
mental state at time of the offense
characteristics of school shooters
more experienced with guns, socially isolated, preoccupied with violence (media, music, Internet, video games), teased due to physical appearance, angry brooders, and have developed a plan for their aggression and often communicated it to others prior to the event.
characteristics of murder in the US
more frequent in urban areas, perp and victim know eachother, similar SES,
Why are psychologists as policy evaluators more subject to potential bias, compared to the other roles psychologists can play?
more subject to potential bias due to the source of their employment and payment causing pressure to interpret results of evaluation studies in a certain way. Their findings have the power to provide or take away programs that may seem very beneficial to needy communities, and it can be tempting to report things that encourage more funding to these programs, despite their statistical effectiveness.
Social-psychological theory of crime
deals with both predisposition to crime and situational factors.
rates of serious juvenile crime between 2006-12
declined by 61% from 1993 to 2005, and arrests for violent offenses 2006 to 2012 continued to drop
impacts of school violence
decreased enrollment and lower standardized test scores.
Appellate judges
determine whether the trial judge correctly applied the law
Trial consultants
develop trial strategy, assist with jury selection, and prepare witnesses to testify. *no expectation of impartiality
Science vs. Law/Legal Studies
different approaches to knowledge. probability vs absolute. proactive vs reactive external validity vs case by case scientific method vs precedent
2 ways forensic psychologists potentially become part of a trial
either court appointed or hired by one of the parties involved in the litigation (defense, prosecution, or plaintiff)
U.S. District courts
federal trial courts; at least one in each state, some states with multiple districts have more than one district court.
Forensic psychologists
focus more on the individual and, in addition, try to determine whether the defendant was mentally stable or insane at the time the crime was committed by them or not.
Applied research
focuses on applying knowledge to solve real-life problems. Ex: a psychologist actively applying his or her research as an expert witness in a legislative hearing or in a courtroom.
Attribution theory
focuses on how people explain others' intentions.
variables studied by biological theorists
genetic vulnerabilities, neuropsychological abnormalities, or biochemical irregularities
Hypothesis of why the US has most mass shootings
greater availability of guns, illegal drug market, more exposure to violence
Federal courts
have jurisdiction over cases arising under the Constitution or laws of the United States but typically do not have jurisdiction over cases arising under state law, unless the plaintiff and defendant in a civil case are from different states.
Lower courts
have jurisdiction over proving that a will was properly signed, administration of estates, small claims, and traffic offenses.
"Zero tolerance" policies
ineffective and have the potential to stigmatize and harm a variety of mistakenly identified individuals.
Adversarial system
involves exhibits, evidence, and witnesses assembled by representatives of one side or the other to convince the fact finder (judge or jury) that their side's viewpoint is the correct one. The justice system in the U.S. is adversarial.
Threat Assessment
involves using a multidisciplinary team that responds to any identified threat by carefully considering the nature of the threat, the risk posed by the individual, and the needed response to reduce the risk of harmful action.
classical school of criminology
lawbreaking occurs when people freely choose to behave wrongly when faced with a choice between right and wrong; cost benefit analysis. Sought to reform the harsh administration of punishment in post-renaissance Europe (the punishment should fit the crime).
Why do we have laws?
laws are developed to keep people from taking things into their own hands, and to ensure that individual rights are not violated.
policy evaluators
provides data to answer questions such as "I have instituted a policy; how do I know whether it was effective?" Or, "I want to make a change in our organization's procedures, how do I design it so I will later be able to determine whether it worked?" A policy evaluator might be asked whether changing the law for the number of passengers a teenager may transport will reduce traffic accidents. Or, if chemical castration of released rapists will reduce the rate of sexual violence.
amicus curiae brief (friend of the court)
provides the courts with information from a party that is invested in the outcome of the case, but is not actually a party to the case. When the APA submits an amicus curiae brief, it provides the courts with relevant psychological science. Such briefs are usually submitted by social scientists.
psych approach vs. sociological
psych approach emphasizes human determinants. Individual is seen as the unit of analysis, rather than the group. Individuals are seen as responsible for their own conduct and as contributing to its causation. Examines thoughts and actions.
Racial bias
refers to police officers, prosecutors, jurors, and judges using an individual's race as a basis for judging his or her behavior.
Discretion
refers to the consideration of the circumstances to determine the appropriate consequences. today judges have more discretion.
Equality
refers to the idea that all people who commit the same crime should receive the same consequences. EX: stop and frisk, racial death penalty sentencing, drug arrests
Stare Decisis ("let the decision stand")
reflects the importance of abiding by previous decisions
Ethics for an expert witness
report all conclusions, regardless of whether these favor the side paying them. They must be honest and open with the court about their opinions. Another dilemma arises when the adversary system forces an expert to make absolute "either-or" judgments when there is ambiguity in the evidence.
Replicability
research that can be repeated, and thus verified, by other researchers later
Precedents
rulings in previous cases (as well as the Constitution and the statutes) for guidance.
trial judges
run trial, determine facts, render verdicts
The Model Penal Code's view on attempted vs. completed crimes
says that attempts should be punished in the same way as completed crimes.
reforms proposed to reduce school violence
school uniforms, beefing up security measures, passing tougher gun laws, offering violence prevention programs, and restricting access to violent movies, among others.
crime control model (dominant today)
seeks effective/efficient punishment of lawbreakers. The crime control model seems to be dominant today, perhaps from lingering "tough on crime" political campaigns. Ex: 3 strikes law
heritability rating
the extent to which genes are responsible for variations between individuals. It ranges between 0 and 1.0
self determination theory of optimal motivation.
the increase in mental health symptoms in 1st year students was correlated with a decrease in intrinsic motivation (engaging in an activity because it is interesting and enjoyable), and an increase in extrinsic motivation (pursuing goals that would please and impress others).
Mass Killings
the killing or attempted killing of four or more individuals in public places, rather than private homes, excluding drug and gang related activity.
Case law
the law made by judges ruling in individual cases. It is very influential.
impact of the lunch hour on judges' decision making in the courtroom
the percentage of favorable rulings dropped from approximately 65% to nearly zero as a morning or afternoon courtroom session wore on, but that the percentage of favorable rulings rose back again to about 65% after the judge had taken a food break.
principle of proportionality
the punishment should be consistently related to the magnitude of the offense. Some things are considered proportionately unequal, like sentencing juveniles to life in prison.
Basic research
the pursuit of knowledge for its own sake. Ex: Laboratory research on visual perception can help us understand the accuracy of eyewitness testimony about a crime or accident.
In what area of specialization in psychology are most forensic psychologists trained, and what do they do in the legal system?
trained as clinical psychologists. they perform psych evals and are often asked to prepare a report for a court, sometimes provide expert testimony in a hearing or trial. also make custody recommendations, and assess risk of violent behavior
most frequently observed personality/temperament traits in the antisocial population.
undercontrol, unfriendliness, irritability, low empathy, callous unemotionality, and a tendency to become easily frustrated
Model Penal Code
what a large majority of states base their criminal laws on. It was drafted by the influential American Law Institute in the 1960s.
Implicit bias
when people are unaware that they are being influenced by race. Ex: they may get a "bad feeling" from a Latino defendant. These biases can act as a filter for interpreting other info about the defendant.
Determinate sentencing
when the offense determines the sentence, and judges and parole commissions have little discretion. Today, the pendulum has swung away from determinate sentencing, towards allowing judges more discretion.
Globalness
whether we see the cause as specific to a limited situation or applicable to all situations.
Stability
whether we see the cause of a behavior as enduring or merely temporary
