Week 12: Social Psychology and the Law

informational influence.

. As deliberation begins, nine jurors think that the defendant is guilty. At first, the three jurors who think otherwise are resistant to changing their minds, but after hearing what the others have to say, they are genuinely persuaded and decide to vote guilty. The factor most likely to have led these three jurors to change their verdict is a. the leniency bias. b. the influence of peremptory challenges. c. normative influence. d. informational influence.

is higher in process control.

. In comparison to the inquisitorial system of justice, the adversarial system a. is higher in decision control. b. provides less satisfaction for participants. c. is higher in process control. d. is far more common.

jury nullification.

. Jurors' power to disregard the law and the judge's instructions when they conflict with their personal conceptions of justice is called a. the inquisitorial model of justice. b. jury nullification. c. sentencing disparity. d. the process of peremptory challenges.

Tension and interpersonal conflict are more likely in small groups as opposed to large ones.

. Many psychologists believe that allowing smaller jury sizes is a bad idea. What is not one of their explanations for this view? a. Tension and interpersonal conflict are more likely in small groups as opposed to large ones. b. Smaller juries are less representative of the communities from which they are drawn. c. Smaller juries spend less time discussing the case. d. It is harder for a dissenting juror to hold out for her position when she does not have a single ally.

control question.

. Martha is accused of insider trading. During a polygraph test, she is asked if she ever littered as a child. This question is an example of a a. control question. b. crime-relevant question. c. peremptory challenge. d. reconstructive memory.

information in news reports usually comes from police or district attorneys.

. Pre-trial publicity tends to produce a bias against defendants because a. people assume that defendants are guilty until proven innocent. b. information in news reports usually comes from police or district attorneys. c. most people charged with crimes really are guilty. d. the publicity makes the defendant seem more familiar, resulting in a familiarity-induced bias.

voir dire.

. The pre-trial interview of prospective jurors conducted by the judge and lawyers is called a. decision control. b. jury nullification. c. scientific jury selection. d. voir dire.

questioning in a group setting

. Which of the following has not been shown to bias a child's memory report? a. repeating the question b. introducing misinformation c. leading questions d. questioning in a group setting

cultural

A Japanese-American woman discovered her husband was having an affair and tried to drown both herself and her children. In her defense, she claims she was trying to save her children from the shame her husband had brought on the family, something she sees as a Japanese custom. She and her lawyer are using a(n) ____ defense. a. cultural b. comparative c. inquisitorial d. offensive

adversarial

A dispute resolution system in which the prosecution and defense present opposing sides of the story is called a(n) ____ model. a. adversarial b. inquisitorial c. comparative d. cultural

the first to speak in the jury room.

A juror is more likely to be chosen as foreperson if the juror is a. seated in the middle of the table as opposed to at the head. b. of lower rather than higher occupational status. c. quiet during the initial stages of jury deliberation. d. the first to speak in the jury room.

some research suggests that it can make mistakes.

A major problem with using the polygraph as a lie detector is that a. some research suggests that it can make mistakes. b. arousal cannot be measured with the polygraph. c. it measures only the vocal channel, ignoring all other channels. d. control questions do not evoke arousal in innocent people.

afford high levels of process control.

A newly developing country hopes to maximize its citizens' satisfaction with its new legal system. The new leaders of this country must be sure to a. afford high levels of process control. b. put the decisions in the hands of neutral experts who collect information on both sides of the issue. c. endorse an inquisitorial orientation. d. limit decision control to those who are charged.

Jurors will believe that they have discounted the confession, but will vote to convict anyway.

A police officer testifies that the defendant in a murder trial confessed to the crime. Under cross-examination, the officer reveals details of the interrogation that suggest it is likely that the defendant was coerced into confessing. How are jurors likely to react to the confession evidence? a. Jurors will discount the confession because it was coerced. b. Jurors will accept the confession because as a general rule jurors don't believe that people would confess to a crime that they did not commit. c. Jurors will believe that they have discounted the confession, but will vote to convict anyway. d. If the judge instructs jurors to disregard the confession evidence, then they will discount it, but otherwise, they will not.

encoding

A witness's consumption of alcohol is most likely to pose problems for the ____ of memory, which involves the person's perception of events as they take place. a. encoding b. storage c. retrieval d. consolidation

75

According to Evans et al., (2009) approximately ____ percent of police officers reported that they routinely encounter witnesses who are drunk or under the influence of drugs when committing a crime or being interviewed by the police. a. 24 b. 41 c. 59 d. 75

Michael, who scores low on a self-report measure of authoritarian beliefs

According to research findings, which individual is most likely to be an opponent of the death penalty? a. Michael, who scores low on a self-report measure of authoritarian beliefs b. Buster, who holds fundamentalist religious beliefs c. Lindsey, who believes that the world is a fair place in which you get what you deserve d. Gob, who believes in the deterrent potential of capital punishment

age group

According to the research of Rhodes & Anastasi (2012), children, young adults, and the elderly all had difficulty recognizing others who were part of a different ____ than their own. a. neighborhood b. age group c. ethnicity d. religion

death penalty.

According to your text, in terms of punishment, the most notable cultural difference concerns the a. length of a sentence. b. death penalty. c. age of emancipation. d. harshness of the prison environment.

weapon-focus effect

After Natalie testifies in court that she witnessed the defendant committing an armed robbery, a memory expert is called to testify on behalf of the defense. The expert testifies that Natalie's ability to encode the information accurately was probably impaired. Which factor did the expert most likely have in mind when he questioned Natalie's ability to acquire the information accurately? a. weapon-focus effect b. reconstructive memory c. misleading questions d. leniency bias

compliance.

After a 36-hour interrogation, Liz just wanted to make it end so she confessed to the kidnapping even though she knew she had not committed the crime. Liz's confession would be labeled as a. internalization. b. compliance. c. reactive. d. misinformed.

nullification.

All of the following are potential motivations that underlie punishment in the criminal justice system except a. retribution. b. incapacitation. c. nullification. d. deterrence.

inquisitorial

Amin is a lawyer who has been appointed to investigate both sides of a dispute and present the evidence he finds in court. His presentation of the evidence will provide the basis for the court's decision on the matter. Amin is operating in a(n) ____ system of justice. a. adversarial b. inquisitorial c. occupational d. distributive

a familiarity-induced bias.

An eyewitness identified Ashtok from a lineup as the man who robbed the bookstore. As an employee of the store, Ashtok was present during the crime but was not the person who committed the crime. The eyewitness's false identification was most likely the result of a. the leniency bias. b. the misinformation effect. c. a familiarity-induced bias. d. the fundamental attribution error.

open conflict

Armand is participating in a jury trial. He and the other members of the jury are closely considering the evidence, trying to figure out how the evidence all pieces together, and considering their responsibilities as laid out by the judge. They are in the ____ stage of deliberation. a. orientation b. open conflict c. reconciliation d. nullification

Caucasian jurors often evaluate a trial differently when their jury is diverse versus all-Caucasian.

As described in your book, Sommers's (2006) study examining the influence of a jury's racial composition indicates that a. Caucasian and African-American jurors are often equally likely to vote to convict an African-American defendant. b. African-American jurors often successfully convince Caucasian jurors to change their votes during deliberations, particularly when they offer multiple arguments for doing so. c. Caucasian jurors often evaluate a trial differently when their jury is diverse versus all-Caucasian. d. diverse juries have a harder time coming to a unanimous decision than do all-Caucasian juries.

Ross, who is chief of surgery at a local hospital and sits at the head of the table

Based on the relevant research, which individual is most likely to be chosen as foreperson of a jury? a. Monica, who works on an assembly line similar to the one the defendant has worked on b. Joey, who sits in a chair situated on the long side of the jury table, close to the middle c. Rachel, who is one of only three jurors who does not say anything during the first few minutes of the deliberations d. Ross, who is chief of surgery at a local hospital and sits at the head of the table

adversarial model.

Breonna has been arrested for prostitution. She hires a lawyer who puts together a defense against the case created by the prosecuting attorney. Each side then presents its case in court. This scenario is an example of the a. deliberation process. b. adversarial model. c. reconciliation phase. d. inquisitorial model.

narcissism; empathy

Carnahan and McFarland (2007) conducted a study to determine whether a particular type of person is likely to sign up for a study like the Stanford University prison study. They found that advertisements for a study on "prison life" attracted potential participants higher than average in ____ and lower than average in ____. a. authoritarianism; aggression b. self-monitoring; altruism c. need for cognition; need for closure d. narcissism; empathy

she observes the suspect and foils one at a time rather than together in a single lineup.

Cathy witnesses a carjacking. A few days later, she is called to the police station to identify the culprit from a lineup. Cathy is most likely to be accurate if a. the police tell her that the culprit is in the lineup. b. one of the men in the lineup resembles the description that Cathy had given the police, while the other men in the lineup look very different from that description. c. she is first presented with some mug shots and then views a lineup containing one of the men whose mug shot she has seen. d. she observes the suspect and foils one at a time rather than together in a single lineup.

use of peremptory challenges.

Claire, a district attorney, believes that elderly women are likely to be sympathetic to criminal defendants. She, therefore, summarily dismisses elderly prospective jurors during voir dire. This exemplifies the a. use of peremptory challenges. b. advantages of scientific jury selection. c. process of jury nullification. d. power of informational influence.

a jury selection procedure that permits judges to exclude from capital cases all prospective jurors who say they would refuse to vote for the death penalty under any circumstance.

Death qualification refers to a. pre-trial hearings that are conducted to determine whether a defendant should receive the death penalty. b. a procedure used during voir dire to ensure that jurors are prepared for potentially graphic testimony concerning violence, usually involving murder. c. a jury selection procedure that permits judges to exclude from capital cases all prospective jurors who say they would refuse to vote for the death penalty under any circumstance. d. jurors' decision to recommend the death penalty even if the prosecution has not asked for it.

ANSWER: Death qualification is a jury selection procedure used in capital cases that excludes prospective jurors who say they would refuse to vote for the death penalty under any circumstance. Although excluding such jurors from only the sentencing decisions in capital cases would not be controversial (because these jurors admit that they are not willing to endorse one of the sentencing options), death qualification is very controversial because it also excludes these jurors from serving on the juries that determine verdicts in the first place. The procedure is controversial because research suggests that people who support the death penalty are not only more prosecution-minded on a host of issues but also more likely to vote guilty in a trial compared to those who oppose the death penalty. The implication, then, is that using the practice of death qualification biases juries against defendants, such that they are more likely to be found guilty by a death-qualified jury than by one consisting of a mix of proponents and opponents of capital punishment.

Describe death qualification in the context of jury selection. Explain the controversy surrounding the practice.

ANSWER: If the walls of the jury room could talk, they would tell us that the decision making process typically passes through three stages (Hastie et al., 1983; Stasser et al., 1982). Like other problem-solving groups, juries begin in a relaxed orientation period during which they set an agenda, talk in open-ended terms, raise questions, and explore the facts. Then, once differences of opinion are revealed (usually after the first vote is taken), factions develop and the group shifts abruptly into a period of open conflict. With the battle lines sharply drawn, discussion takes on a more focused, argumentative tone. Together, jurors scrutinize the evidence, construct stories to account for that evidence, and discuss the judge's instructions (Pennington & Hastie, 1992). If all jurors agree, they return a verdict. If not, the majority tries to achieve a consensus by converting the holdouts through information and social pressure. If unanimity is achieved, the group enters a period of reconciliation, during which it smoothes over the conflicts and affirms its satisfaction with the outcome. If the holdouts continue to disagree, the jury declares itself hung. This process is diagrammed in Figure 12.8.

Describe the three stages that jury's typically go through when deliberating to arrive at a verdict.

ANSWER: There are many strategies that police use to extract confessions. One approach is to minimize the offense by making excuses on behalf of the suspect. By doing so, the police can sometimes lull suspects into a false sense of security, such that they expect leniency and thus become more likely to confess. Another approach is to inform the suspects that the police have incriminating evidence against them. Through this tactic, the police try to make suspects believe that it is futile to deny the charges or launch a defense in court, so they again are more likely to confess. Sometimes, however, suspects confess to crimes they did not commit. In such cases, these suspects may have internalized their confessions; that is, they come to believe that they are indeed guilty of the crime. Research suggests that people can be induced to falsely confess, and to internalize the confession, when they are presented with false evidence that incriminates them or when they lack a strong memory for the events in question.

Describe two tactics other than physical violence, or the threat of physical violence, that police use to extract confessions from suspects. Also explain the conditions under which people are most likely to internalize a false confession.

vote guilty, even if the judge rules that the information is inadmissible.

During a trial, the prosecution refers to an illegally obtained tape recording of a phone call that makes the defendant appear guilty. Research suggests that after hearing this information, jurors are most likely to a. disregard the information if the defense attorney objects, even if the judge rules that the information is admissible. b. vote guilty, unless the judge rules that the information is inadmissible. c. vote guilty, even if the judge rules that the information is inadmissible. d. vote guilty if the judge rules the information is admissible, but vote not guilty if the judge rules that the information is inadmissible.

jury nullification.

Eighteen-year-old André has been accused of statutory rape because he had sex with his 17-year-old girlfriend, who is a minor. When the case goes to trial, the prosecution presents evidence confirming that André broke the law; yet the jurors vote not guilty because they feel the law is outdated. The jury's action illustrates a. the positive coercion bias. b. internalization. c. sentencing disparity. d. jury nullification.

weapon

Emily has just witnessed a violent crime. She is very worked up about it. In this agitated state, Emily is most likely to focus on the a. weapon. b. culprit. c. setting. d. victim.

ANSWER: The adversarial model of justice involves both sides of a dispute having their day in court. Both sides are permitted to present their evidence to the court, resulting in two opposing sides to a single story. The inquisitorial model of justice, in contrast, involves the court appointing a neutral investigator to collect evidence from both sides of a dispute and then that investigator presents his or her findings to the court. Research shows that regardless of the verdict, both sides of a dispute are more satisfied when they are part of an adversarial trial as opposed to an inquisitorial one. Further research suggests that it is not inherently the adversarial process, but that the adversarial process allows one to "give voice" to their understanding of an issue, that is the key feature resulting in higher satisfaction levels.

Explain the differences between the adversarial and inquisitorial models of justice and how those differences relate to satisfaction with the process.

the reconstructive nature of memory.

Eyewitnesses' reports of crime details can be altered by exposure to post-event information. This results from a. the reliance on peremptory challenges. b. the reconstructive nature of memory. c. normative influence pressures. d. the positive coercion bias.

Jerry, a Caucasian male on an all-Caucasian jury

Franklin, an African-American male, is on trial for attempted murder. The study conducted by Sommers (2006) regarding jury racial composition suggests which of the following jurors would be most likely to vote to convict Franklin? a. Jerry, a Caucasian male on an all-Caucasian jury b. Robin, a Caucasian male on a racially-diverse jury c. Eddie, an African-American male on an all-African-American jury d. Dave, an African-American male on a racially-diverse jury

identify and dismiss prospective jurors who may be biased.

From the court's perspective, the voir dire process is intended to a. allow the lawyers to present evidence to the judge without the jurors present. b. identify and dismiss prospective jurors who may be biased. c. familiarize prospective jurors with one another before they begin deliberation. d. familiarize prospective jurors with the facts of the case prior to the actual trial.

artificially inflate their physiological arousal while being asked control questions.

Guilty suspects can fool a polygraph test if they a. simply deny any and all involvement in the crime for which they are being questioned. b. meditate prior to the administration of the test. c. lie in response to any crime-relevant questions, but tell the truth in response to the control questions. d. artificially inflate their physiological arousal while being asked control questions.

a polygraph test.

Harwin is hooked up to a mechanical instrument that records his heart rate, blood pressure, breathing, and sweat gland activity. Harwin is being subjected to a. a polygraph test. b. an internalized interrogation. c. the voir dire process. d. a sequential line up.

harsher in his judgments than he would have been if the defendant were not Caucasian.

Henry is a Caucasian male and the foreman of a criminal jury. The defendant in the trial is also a Caucasian male, and the evidence against him is quite strong. Research suggests that Henry is likely to be a. harsher in his judgments than he would have been if the defendant were not Caucasian. b. more lenient in his judgments than he would have been if the defendant were not Caucasian. c. more forceful than the other jurors in making his arguments about the case. d. less concerned with procedural aspects of the deliberations than other jurors.

the final verdict is more likely to be acquittal.

If a jury is evenly split on their initial vote, then a. the final verdict is more likely to be acquittal. b. the final verdict is more likely to be conviction. c. they will most likely end as hung jury. d. there is equal probability of acquittal, conviction, or hung jury.

less likely to convict.

If the CSI effect is real, then it would make juries a. more likely to convict. b. less likely to convict. c. deliberate for a longer period of time. d. deliberate for a shorter period of time.

the ultimate verdict will usually be consistent with the vote taken during the orientation stage.

If there is a majority opinion in a jury's initial vote, then a. the deliberations will be marked by informational rather than normative influence. b. the leniency bias is less likely to play a role in the final verdict the jury will eventually deliver. c. the ultimate verdict will usually be consistent with the vote taken during the orientation stage. d. jury nullification becomes less likely to affect the outcome of the deliberations.

The minority in the smaller jury should be less likely to maintain his or her independence because the minority in the smaller jury has no allies in dissent.

In a murder case involving a six-person jury, five of the jurors think the defendant is guilty and one thinks the defendant is not guilty. In another murder case involving a 12-person jury, ten think the defendant is guilty and two think the defendant is not guilty. Based on Asch's research on conformity, and all other things being equal, what predictions can be made about the likelihood that the jurors in the minority in these two trials will resist the pressures exerted by those in the majority to change their verdicts? a. The minority in the smaller jury should be less likely to maintain his or her independence because the minority in the smaller jury has no allies in dissent. b. The minority in the larger jury should be less likely to maintain their independence because the majority in the larger jury is comprised of more people. c. Because the proportion of majority to minority jurors is equivalent in these two juries, the minorities should be equally likely to maintain their independence. d. If the evidence in both cases is ambiguous, the minority in the smaller jury should be less likely to maintain his or her independence; but if the evidence in both cases is unambiguous, there should be no difference between the juries.

more likely to recommend the death penalty

In a murder trial, Bob was selected to serve on a death-qualified jury. Given his attitude toward the death penalty, he is probably ____ than the average U.S. citizen. a. more likely to vote for acquittal b. more likely to recommend the death penalty c. more tolerant of procedures that protect the accused d. less religious

whether the death qualification violates a defendant's right to a fair trial

In the case of Lockhart v. McCree, what issue did the U. S. Supreme Court consider? a. whether the death qualification violates a defendant's right to a fair trial b. whether scientific jury selection should be legal or not c. whether a jury should have six or 12 members d. whether a jury must have a unanimous verdict or not

are more aroused by control questions than crime-relevant questions.

In theory, when innocent suspects are subjected to a polygraph test, they a. are more aroused by crime-relevant questions than control questions. b. are more aroused by control questions than crime-relevant questions. c. exhibit overall lower levels of arousal than guilty suspects. d. exhibit overall higher levels of arousal than guilty suspects.

It creates a first impression of guilt.

In what way is pre-trial publicity dangerous? a. It creates a first impression of innocence. b. It creates a first impression of guilt. c. It glamorizes the defendant. d. It exploits the victim.

a 12-person jury that must reach a unanimous decision

In which of the following juries will jurors spend the most time discussing the case? a. a 12-person jury that must reach a unanimous decision b. a 12-person jury that must reach a majority decision c. a 6-person jury that must reach a unanimous decision d. a 6-person jury that must reach a majority decision

by educating judges and juries so they can do a better job evaluating eyewitnesses

In which way does your text suggest that social psychologists could help the courts make better use of eyewitness testimony? a. by educating judges and juries so they can do a better job evaluating eyewitnesses b. by influencing legislation regulating the use of eyewitnesses in specific types of trials c. by contributing to high-profile trials, assisting with jury selection d. by appearing in public fora, such as television programs, to teach the public about the errors in eyewitness testimony

scientific jury selection.

Jonnie is a defense attorney representing a client charged with drug offenses. He conducts a survey in the community and discovers that residents with conservative politics are particularly unsympathetic to defendants in drug cases. He therefore decides to use his peremptory challenges during jury selection to remove from the panel prospective jurors with a history of voting for conservative political candidates. Jonnie is making use of a. scientific jury selection. b. an implicit personality theory. c. trial attorney intuition. d. jury consultants.

anchoring

Judge Kellogg has just read a case file in which a defendant who had committed statutory rape was sentenced to 25 years in prison. He is considering sentencing in a statutory rape case in which the prosecutor is asking for 10 years for the defendant. Instead of going with the 10 years recommended by the prosecutor, he chooses to impose a sentence of 22 years. Judge Kellogg's decision illustrates the ____ effect. a. anchoring b. severity c. adversarial d. inquisitorial

We tend to think that no situational influences could be strong enough to lead someone to confess to something they did not do.

Jurors in criminal trials often fail to fully discount coerced confessions. In what sense can the fundamental attribution error explain this tendency? a. People often overlook the situational factors that lead others to commit criminal acts. b. We tend to think that no situational influences could be strong enough to lead someone to confess to something they did not do. c. Jurors usually think that false confessions result from certain personality characteristics, such as passivity or lack of education. d. Few people think that they themselves would ever admit to a crime they did not commit.

the fundamental attribution error.

Jurors often fail to adequately discount coerced confessions because of a. the positive coercion bias. b. the fundamental attribution error. c. a sentencing disparity. d. reconstructive memory.

78

Kalven and Zeisel (1966) found that ____ percent of judges agreed with the verdicts juries rendered in all cases. a. 45 b. 60 c. 78 d. 92

Kara will interpret the facts of the case in a way that is consistent with the information about the defendant's prior criminal record.

Kara sees a news story on television about an upcoming criminal defendant who was previously charged with similar crimes. If Kara is selected to serve as a juror for this defendant's trial, it is likely that a. the information concerning the defendant's prior criminal activity will have no impact on her verdict as long as she agrees to be objective and impartial. b. the information concerning the defendant's prior criminal record may bias her impression of the defendant, but instructions from the judge can counteract such a bias. c. Kara will interpret the facts of the case in a way that is consistent with the information about the defendant's prior criminal record. d. the pre-trial publicity will make the defendant seem more familiar to Kara and so she will be less likely to convict.

and police officers were both inaccurate.

Kassin, Meissner, and Norwick (2005) videotaped male inmates confessing to crimes that they did and did not commit and showed these videos to college students and police officers, asking them to judge which of the two confessions was true for ten inmates. They found that college students a. were more accurate than police officers. b. were less accurate than police officers. c. and police officers were both inaccurate. d. and police officers were highly accurate.

use eyewitness confidence as a cue to eyewitness accuracy.

Kirby is a juror in a rape trial in which both the prosecution and defense are relying on eyewitnesses. It is likely that Kirby will a. be able to determine which eyewitnesses are accurate. b. use eyewitness confidence as a cue to eyewitness accuracy. c. underestimate the accuracy of all of the eyewitnesses. d. understand the factors that influence eyewitness accuracy enough to determine whether an eyewitness is biased.

Hypnosis increases the accuracy of eyewitness memory.

Kwame, a noted psychologist, has been called as an expert witness in a trial. Kwame is least likely to provide which testimony? a. Alcoholic intoxication can impair ability to recall events. b. Police instructions can influence an eyewitness's confidence. c. Eyewitness confidence is not a good predictor of accuracy. d. Hypnosis increases the accuracy of eyewitness memory.

peremptory challenges.

Lawyers may dismiss prospective jurors without having to justify their dismissal by using a. jury nullification. b. sentencing disparity. c. peremptory challenges. d. normative influence.

race.

Litigants at trial may remove prospective jurors from their jury through the use of peremptory challenges. Traditionally, no explanation has to be given for the use of a peremptory, but within the past few decades, the U.S. Supreme Court has ruled that peremptories may not be based on a juror's a. education level. b. race. c. physical appearance. d. sex

the wording affected the participants' memory for the accident.

Loftus and Palmer (1974) manipulated the wording of questions posed to participants who witness a filmed traffic accident. Their findings suggest that a. the wording affected the participants' memory for the accident. b. the wording did not affect the participants' memory for the accident. c. witnesses often store multiple, contradictory memories for a single event. d. most eyewitness errors have to do with problems that arise during encoding.

perform less accurately if she is shown a lineup including the culprit several days later.

Manisha witnesses a crime and is brought to the police station for an interview about what she saw. She is given a face construction booklet and asked to pick which of the 100 hairstyles looks most like the culprit's. Then she does the same for eyes, nose, mouth, ears, etc. Research suggests that this process is likely to lead Manisha to a. perform more accurately if she is shown a lineup including the culprit several days later. b. perform less accurately if she is shown a lineup including the culprit several days later. c. become more confident in her ability to identify the culprit. d. become less confident in her ability to identify the culprit.

comparative

Marita is studying how the legal system in the United States handles repeat offenders differently than the legal system in Canada. This is an example of a study in ____ law. a. tort b. business c. comparative d. forensic

assess demographic characteristics and trial-relevant attitudes of the community in which the trial will take place.

Miguel will be using scientific jury selection in an upcoming trial. The first step of this process will be to a. ask prospective jurors personal questions during the voir dire. b. assess demographic characteristics and trial-relevant attitudes of the community in which the trial will take place. c. submit a motion to the judge to allow an independent consulting firm to interview prospective jurors. d. meet with the judge and opposing counsel to discuss the range of questions that will be permitted during the voir dire.

his process control.

Ming was involved in a civil dispute that came to trial. Though unhappy with the judge's decision, he felt that he truly had the chance to express his views and present his case completely. Ming apparently was most satisfied with a. the sentencing disparity. b. the voir dire process. c. his process control. d. the deliberation stage.

Israel

Montresse has been found guilty of espionage in his home country. This nation usually prohibits the death penalty, but in unusually serious cases such as this, the death penalty may be permitted. In which country does Montresse live? a. Denmark b. Columbia c. Israel d. Kenya

very quickly and casually.

Norbert is selected as the foreperson of the jury. Assuming that a typical selection process occurred, he was probably chosen a. very quickly and casually. b. after a long, heated, often irrational debate. c. after very careful, rational consideration of the candidates. d. by the judge at some point during the course of the trial.

can only be afforded by the wealthiest of defendants and plaintiffs.

One criticism of scientific jury selection is that it a. focuses jury selection on the question of whether or not a juror can be. b. does not make use of empirical data. c. can only be afforded by the wealthiest of defendants and plaintiffs. d. is used in civil trials, but not in criminal cases.

disagree about the goals of imprisonment.

One reason for controversy surrounding sentencing decisions in this country is that Americans often a. disagree about the adversarial model. b. believe that juries are inept. c. resist the inquisitorial model of justice. d. disagree about the goals of imprisonment.

the jurors often find the instructions difficult to comprehend, leading to misunderstandings and confusion.

One reason judges' instructions tend to have little impact on jurors is that a. the instructions typically come before the evidence is presented, increasing the likelihood that the jurors will forget them. b. the jurors often find the instructions difficult to comprehend, leading to misunderstandings and confusion. c. the jurors frequently consider the instructions to be irrelevant to the trial, leading them to experience reactance. d. jurors usually try to avoid jury nullification.

leading jurors to be more critical of eyewitness testimony.

One way in which expert testimony may increase the competence of jurors is by a. facilitating judges' use of scientific jury selection. b. leading jurors to be more critical of eyewitness testimony. c. eliciting sentencing disparity. d. modeling confidence, thus providing the jurors with a standard against which they can assess the confidence of non-expert witnesses.

suspects feel socially isolated and uncomfortable.

Police interrogations are often conducted in small, bare, soundproof rooms so that a. distractions will be minimized and the suspect will be better able to focus on the interrogation. b. suspects feel socially isolated and uncomfortable. c. police operating costs will be kept to a minimum. d. other police officers will not become biased against particular suspects.

can be fairly accurate when the suspect is naive and the examiner is competent.

Polygraph tests a. are extremely effective in detecting guilt in those who are guilty and innocence in those who are innocent. b. are difficult to fake. c. can be fairly accurate when the suspect is naive and the examiner is competent. d. can be admitted into evidence in all district courts throughout the United States.

spend more time looking at the knife.

Prida has witnessed a violent crime involving a knife. Research suggests that he will be less likely to identify the culprit than in a situation where no knife was present because Prida will a. be less aroused. b. focus more on the victim. c. spend more time looking at the knife. d. be too afraid to remember anything accurately.

a greater suspiciousness of police officers.

Prospective jurors who indicate a willingness to vote for the death penalty typically exhibit all of the attitudes except a. a greater concern with crime. b. more cynicism toward defense attorneys. c. a greater suspiciousness of police officers. d. a greater tendency to convict.

inaccurate eyewitnesses.

Recent DNA exoneration cases have revealed the most common cause of mistaken convictions to be a. a coerced confession. b. false alibis. c. racially biased juries. d. inaccurate eyewitnesses.

breed closed-mindedness among jurors.

Relative to deliberations in which the jury must reach a unanimous verdict, deliberations in which the jury can use a non-unanimous decision rule tend to a. encourage open conflict among jurors. b. breed closed-mindedness among jurors. c. increase the influence of jurors in the minority. d. increase jurors' confidence.

less conducive to the emergence of minority allies.

Relative to large juries, smaller juries may spend less time deliberating mostly because they are a. less conducive to the emergence of minority allies. b. more likely to have a male foreperson. c. less inclined to reach a unanimous verdict. d. not used in trials involving complex decisions.

do not always give accurate explanations when asked to justify a peremptory challenge.

Research by Sommers and Norton (2007) on the impact of race on the use of peremptory challenges implies that attorneys a. are equally likely to remove from the jury African-American and Caucasian individuals. b. do not always give accurate explanations when asked to justify a peremptory challenge. c. are impacted by prospective jurors' gender more so than their race. d. are influenced by race more so in civil trials as opposed to criminal trials.

juries are not well-informed about many of the factors that influence eyewitness accuracy.

Research concerning eyewitness testimony has demonstrated that a. a coerced confession. b. eyewitness identifications are generally not susceptible to situational biases. c. juries are not well-informed about many of the factors that influence eyewitness accuracy. d. judges and lawyers are well aware of the limitations of eyewitness testimony.

the more "stereotypically African American" a black defendant appears, the more likely he is to be sentenced to death.

Research concerning race and capital punishment indicates that a. for judgments of such serious repercussion, judges and juries are rarely if ever influenced by race. b. the more "stereotypically African American" a black defendant appears, the more likely he is to be sentenced to death. c. defendants are most likely to be sentenced to death when they murder a same-race victim. d. black women were more likely than black men to receive a capital sentence.

they may be especially susceptible to the effects of repetitive questions.

Research on children's memory for events demonstrates that a. they may be especially susceptible to the effects of repetitive questions. b. they are particularly resistant to the effects of suggestive questions and misinformation. c. children witnesses often completely fabricate events in order to deceive adults. d. children usually make better witnesses because they are more honest than adults.

when it is reliable but inadmissible because of a legal "technicality."

Research on inadmissible evidence suggests that, contrary to the judge's instructions, juries often pay attention to such information a. even when it is unreliable. b. when it is reliable but inadmissible because of a legal "technicality." c. when it is emotional in content. d. when it is objected to by the defense and not by the prosecution.

can affect the actual identification that a witness makes.

Research on lineup administration by Greathouse and Kovera (2009) suggests that the police officer who conducts a lineup a. can affect the actual identification that a witness makes. b. can impact how confident an eyewitness is. c. will not unduly bias an eyewitness as he or she makes a conscious effort not to. d. is unlikely to be called as a witness in any subsequent legal action.

very unpredictable from one trial and jury to the next.

Research on race and jury decision making indicates that jurors are a. always more lenient toward defendants of their same race. b. more likely to discriminate by race when race is a prominent issue during the trial. c. not influenced by race when evidence in a case is strong. d. very unpredictable from one trial and jury to the next.

a jury in which ten jurors vote "not guilty" and two jurors vote "guilty" to start with

Research on the leniency bias and jury deliberations suggests that which of the following juries will have the easiest time reaching a unanimous decision? a. a jury in which ten jurors vote "not guilty" and two jurors vote "guilty" to start with b. a jury in which ten jurors vote "guilty" and two jurors vote "not guilty" to start with c. a jury that is evenly split at six-six to start with d. a jury that has paid close attention to the judge's final instructions

thoughts of the individual jurors just before deliberation begins

Research shows that a jury's final verdict can often be predicted accurately if which of the following is known? a. non verbal behaviors of the jurors during the trial b. thoughts of the individual jurors just before deliberation begins c. initial vote of the foreperson d. proportion of men to women on the jury

create a reasonable doubt in the minds of your fellow jurors than it is to convince them that there is no reasonable doubt.

Research suggests that it is easier to a. create a reasonable doubt in the minds of your fellow jurors than it is to convince them that there is no reasonable doubt. b. convince fellow jurors to change their votes from not guilty to guilty than it is to convince them to change from guilty to not guilty. c. persuade a fellow juror using normative social influence than it is to do so using informational social influence. d. change the minds of fellow jurors when deliberating on a civil trial versus a criminal trial.

deliberate for a shorter period of time.

Research suggests that small juries are more likely than large juries to a. produce non-unanimous decisions. b. resist normative pressures within the group. c. deliberate for a shorter period of time. d. be representative of the larger population.

rewritten in plain language.

Research with mock jurors suggests that jurors comprehend judges' conventional instructions relatively well when these instructions are a. accompanied by music. b. presented by the attorneys rather than by the judge. c. given first to the jury foreperson, who then passes them along to the rest of the jury. d. rewritten in plain language.

leniency bias

Romeo suggests if you know the majority opinion in a jury prior to deliberation, you know what the jury decision will be. What provides the strongest exception to his conclusion? a. jury nullification b. leniency bias c. voir dire d. death qualification

death qualification.

Saul is a prospective juror in a mass murder case who, when asked by an attorney, says that he opposes the death penalty. The presiding judge then excludes him from the jury. This is an example of a. leniency bias. b. death qualification. c. scientific jury selection. d. jury nullification.

tendency for different judges to apply different sentences for the same offense.

Sentencing disparity refers to the a. tendency for different judges to apply different sentences for the same offense. b. fact that judges believe that the purpose of sentencing the convicted is deterrence, but the general public believes the purpose is retribution. c. tendency for judges to ignore differences in recidivism rates for different crimes. d. difference between the sentence given by a judge and the amount of time a convicted offender actually serves.

spend more time than other jurors discussing procedural items.

Shaquille has been selected to be the foreperson of his jury. It is likely that Shaquille will a. exert more influence over the jury's decision than other members of the jury. b. spend more time than other jurors discussing procedural items. c. be especially liked because he had never served on a jury before. d. spend more time than other jurors expressing his opinion.

avoided discrimination against an African-American defendant.

Sommers and Ellsworth (2001) found that when a crime involves race, Caucasian jurors a. discriminated against an African-American defendant. b. avoided discrimination against an African-American defendant. c. were particularly motivated to be elected foreperson of the jury. d. processed trial evidence less carefully than when the crime was race-neutral.

false memories tended to occur in the auditory cortex.

Stark and others (2010) showed participants slides of a man stealing a woman's wallet and slipping it in his jacket. Then an auditory recording recounted the event, stating that the wallet had been slipped into his pants. The results showed that a. false memories tended to occur in the visual cortex. b. false memories tended to occur in the auditory cortex. c. false memories rarely occurred. d. memories could be accurately retrieved if participants visualized the crime.

ANSWER: A polygraph is an instrument that records physiological arousal from multiple channels. The assumption underlying its use is that when a suspect lies, he or she becomes anxious in ways that can be measured—specifically, through changes in breathing, blood pressure, and perspiration. First, the suspect's baseline level of arousal is established. Then, the examiner asks a series of yes-no questions and compares the suspect's reactions to emotionally arousing crime-relevant questions with his or her reactions to control questions that are arousing but not relevant to the crime. In theory, suspects whose denials about the crime are truthful should be more aroused by the control questions, whereas suspects whose denials are false should be more aroused by the crime-relevant questions. One problem with the use of the polygraph as a lie detector is that truthful people often fail the test. A second problem is that the test can be faked. To avoid being aroused by crime-relevant questions, some guilty individuals are able to use countermeasures such as distraction or an artificial inflation of their arousal responses to control questions (by, for example, clenching their toes so that the arousal observed in their responses to crime-relevant questions does not seem high in comparison).

Summarize the means by which the polygraph works as a lie detector. What two major problems call its accuracy into question?

ANSWER: Reconstructive memory is a concept underlying the theory that eyewitness testimony can be altered by exposure to post-event information. According to this theory, first proposed by Elizabeth Loftus, even false information about an event we have earlier observed can influence and be incorporated into our memory of that event. For example, Loftus and Palmer (1974) demonstrated that when participants who viewed a film of a traffic accident were later asked questions about the accident, the wording of these questions significantly influenced their recollections. By implication, the accuracy of eyewitnesses' testimony can be reduced by post-event information to which the eyewitnesses were exposed—a particular concern when the eyewitnesses are children. Indeed, children have a difficult time distinguishing between their real memories and the post-event suggestions to which they are later exposed. Laboratory experiments indicate that preschool-age children are more likely than older children or adults to incorporate such post-event suggestions into their memories.

Summarize the theory of reconstructive memory as it relates to eyewitness testimony. What does the research suggest about the use of such testimony from children?

the tendency for jury deliberation to tilt toward acquittal.

The "leniency bias" refers to the a. tendency of jurors to go easier on ingroup defendants. b. impact of judicial instructions on jurors. c. the tendency for jury deliberation to tilt toward acquittal. d. the finding that judges are harsher on defendants than are juries.

even normal people can be dehumanized by institutional roles and practices.

The Stanford University prison simulation teaches us that a. sentencing disparity is much more pervasive than was previously believed. b. the conditions at privately-run prisons are far superior to those at state-run prisons. c. demographic profiles play a very important role in determining the degree to which the prisoners will use their prison time in a constructive manner. d. even normal people can be dehumanized by institutional roles and practices.

voir dire

The defense attorney asks Twila, a prospective juror, if she knows the prosecuting attorney. This illustrates what process? a. voir dire b. normative influence c. informational influence d. jury nullification

open conflict

The members of a jury are at the point in their deliberations where they are scrutinizing the evidence, constructing stories to account for the evidence, and discussing the judge's instructions. This jury is at what stage of deliberation? a. open conflict b. orientation c. reconciliation d. nullification

reconciliation.

The members of a jury have been deliberating for several weeks. As they begin to converge on a verdict, disagreement is smoothed over and satisfaction with the verdict is affirmed. This stage of deliberation is called the period of a. retrieval. b. orientation. c. reconciliation. d. nullification.

orientation.

The stage of deliberation during which jurors set an agenda, talk in open terms, raise questions, and explore the facts is called a. orientation. b. open conflict. c. reconciliation. d. nullification.

comparative law.

The study of how different nations use different processes to enforce laws is called a. comparative law. b. cross-cultural psychology. c. international criminal justice. d. cultural defense.

misinformation effect.

The tendency for false post-event information to become integrated into a person's memory for the event is called the a. misinformation effect. b. familiarity-induced bias. c. leniency bias. d. positive coercion bias.

cross-race identification bias.

The tendency for people to be more accurate at recognizing members of their own racial group than of other groups is called the a. in group homogeneity effect. b. out group homogeneity effect. c. own-race identification bias. d. cross-race identification bias.

weapon-focus effect.

The tendency for the presence of a weapon to draw attention and impair a witness's ability to identify a culprit is called the a. weapon-focus effect. b. distraction effect. c. inattention phenomenon. d. CSI effect.

anchoring

The tendency to use one stimulus as a reference point in judging a second stimulus is called the ____ effect. a. anchoring b. halo c. lock d. disparity

scientific jury selection.

The use of community surveys to identify correlations between demographics and attitudes relevant to the trial is called a. scientific jury selection. b. implicit personality theories. c. jury nullification. d. the leniency bias.

Christopher, who is the same race as the thief

Tony, Silvio, Paulie, and Christopher were all in the convenience store when it was robbed. Who is likely to be the most reliable eyewitness? a. Tony, who was the only one to notice that the thief was brandishing a gun b. Silvio, who was extremely frightened by the whole incident c. Paulie, who was drunk at the time of the crime d. Christopher, who is the same race as the thief

Tyson has an authoritarian personality.

Tyson sits on a jury. Tyson is more likely to believe the defendant is guilty if a. Tyson has an authoritarian personality. b. the defendant is of the same race as Tyson and the evidence is weak. c. Tyson has principled objections to the death penalty. d. Tyson is a young adult.

identifying the types of psychological disorders most likely to lead people to engage in criminal behavior

Waleska is a social psychologist who studies the legal system. Which objectives would she be least likely to pursue in her research? a. improving the ability of police officers to determine when a criminal suspect is lying b. determining under what circumstances jurors are best able to understand and follow a judge's instructions c. assessing how judges apply sentencing guidelines to complex cases d. identifying the types of psychological disorders most likely to lead people to engage in criminal behavior

the feedback confirms the identification.

Wells and Bradfield (1998) found that feedback can influence an eyewitness's confidence and memory when a. he or she makes an accurate identification. b. the feedback confirms the identification. c. when the suspect is of a different race. d. the feedback disconfirms the identification.

ANSWER: Sometimes juries disagree with the law, thus raising the controversial issue of jury nullification. Because juries deliberate in private, they can choose to disregard, or "nullify," the judge's instructions. The pages of history are filled with poignant examples. Consider the case of someone tried for euthanasia, or "mercy killing." By law, it is murder. But to the defendant, it might be a noble act on behalf of a loved one. Faced with this kind of conflict— an explosive moral issue on which public opinion is sharply divided— juries often evaluate the issue in human terms, use personal notions of commonsense justice, and vote despite the law for acquittal (Finkel, 1995; Niedermeier et al., 1999). This nullification tendency is particularly likely to occur when jurors who disagree with the law are told of their right to nullify it (Meissner et al., 2003). In these instances, research suggests the possibility that a nullification instruction may unleash a form of "chaos," liberating jurors to follow their emotions in an emotionally charged case (Horowitz et al., 2006).

What is jury nullification? Under what circumstances might this be more likely to occur in a trial?

familiarity-induced

When Gene is at a convenience store, he sees a robbery take place and hides behind a large display to avoid being victimized. Later he tells the police that he thinks that an African American woman was the culprit, and he points to the woman talking to a police officer on the other side of the parking lot. He doesn't realize that she actually owns the store and was working stocking a shelf near where the robbery occurred. Gene's memory that the woman was there but failure to recognize the circumstances under which he saw her is called the ____ bias. a. familiarity-induced b. ultimate attribution c. nullification d. availability

higher anxiety levels were associated with less accurate eyewitness identification.

When Valentine and Mesout (2009) fitted visitors to the London Dungeon with a wireless heart monitor, they found that a. higher anxiety levels were associated with more accurate eyewitness identification. b. higher anxiety levels were associated with less accurate eyewitness identification. c. heart rate corresponded to arousal level. d. heart rate corresponded to the number of perpetrators encountered.

decisional

Whether or not a procedure affords the involved parties the power to accept, reject, or otherwise influence a final decision is called ____ control. a. integrative b. decisional c. nullification d. process

their level of confidence

Which attribute of an eyewitness to a crime is most likely to impact a jury's tendency to believe their testimony? a. the extent to which they appear to be well-educated b. their age c. their level of confidence d. their job status

Jurors often fully discount a defendant's confession if they learn that the confession was obtained while the defendant was being physically threatened by police.

Which conclusion is not consistent with research on confessions? a. Confessions are discounted more by jurors who see a videotape that focuses on the interrogator instead of the defendant. b. When false evidence is presented by an interrogator, suspects are not only more likely to confess to a crime they did not commit but also to believe this confession. c. Jurors often fully discount a defendant's confession if they learn that the confession was obtained while the defendant was being physically threatened by police. d. Police detectives use an average of five to six tactics when trying to obtain a confession.

Australia

Which of the following countries does not permit the death penalty? a. Japan b. India c. Thailand d. Australia

making sure that every single 12-person jury is representative of the community from which it is drawn

Which of the following is not a component of jury selection? a. compiling a list of potential jurors from sources such as voter registration lists b. using random selection to obtain a representative sample of community members who will be summoned for jury duty c. making sure that every single 12-person jury is representative of the community from which it is drawn d. subjecting those individuals who appear for jury duty to a pre-trial interview to exclude those who might be biased

Lack of random assignment made it possible that the individuals assigned to be guards were generally more sadistic.

Which of the following is not a reasonable criticism of the Stanford University prison study? a. All of the participants were younger than 30 years old. b. Lack of random assignment made it possible that the individuals assigned to be guards were generally more sadistic. c. Participants were not real prisoners and guards, so their behavior may not be representative. d. Some of the participants endured pain and suffering, making the study ethically questionable.

hypnosis

Which of the following is not currently being investigated by researchers as a potential alternative to traditional polygraph tests? a. hypnosis b. fMRI assessment of blood oxygen in the brain c. thermal imaging to detect rises in skin temperature. d. pupil dilation

lineup lighting

Which of the following is not one of the five factors that influence eyewitness accuracy in lineup identifications? a. lineup format b. lineup construction c. lineup instructions d. lineup lighting

They are usually chosen after a careful, deliberate discussion among jury members.

Which statement about jury forepersons is false? a. They tend to be the individuals who speak first in the jury room. b. They usually spend more time discussing procedural matters than indicating their opinion about the trial. c. They are usually chosen after a careful, deliberate discussion among jury members. d. They tend to moderate jury discussions more than dominate them.

Internalized false confessions are most likely to occur when false evidence of guilt is presented.

Which statement best describes the conclusions reached by Kassin and Kiechel (1996) concerning false confessions? a. People are highly unlikely to confess to crimes they did not commit. b. Internalized false confessions are most likely to occur when a suspect is intimidated with bright lights and physical threats. c. Compliant false confessions are most likely to occur when a friendly interrogator offers sympathy and advice to a suspect. d. Internalized false confessions are most likely to occur when false evidence of guilt is presented.

Judicial instructions do not make it clear which information should be disregarded.

Which statement is not a viable explanation for the finding that jurors often fail to comply with a judge's instruction to disregard inadmissible evidence? a. Jurors do not like being told what they can and cannot pay attention to. b. The judge's instruction often draws greater attention to the evidence in question. c. Jurors are primarily motivated to reach the "right" decision. d. Judicial instructions do not make it clear which information should be disregarded.

Some believe that post-event information actually alters a witness's real memory, whereas others believe it affects only the reporting of the memory.

Which statement most accurately summarizes an important point of controversy that has been debated among researchers who study reconstructive memory? a. Some believe that post-event information actually alters a witness's real memory, whereas others believe it affects only the reporting of the memory. b. Some believe that post-event information can bias an eyewitness's reporting of an event, whereas others believe that only information that is learned during acquisition can bias an eyewitness's reporting. c. Some believe that scientific jury selection is an effective way to reduce the chances that jurors will be biased by reconstructive memory, whereas others believe that this strategy is unethical. d. Some believe that the use of peremptory challenges leads to false memories, whereas others believe it helps ensure accurate memories.

pre-trial publicity

Which term describes a source of non evidentiary influence? a. pre-trial publicity b. the testimony of expert witnesses c. fingerprint evidence d. eyewitness testimony

the witness is informed that the culprit was in the lineup.

With respect to lineup identification, Devine found that eyewitnesses tend to be less accurate when a. there are six foils present in the lineup. b. the suspect is of the same race as the witness. c. the witness is informed that the culprit was in the lineup. d. the suspect and the foils are viewed one at a time.

innocent suspects come to believe that they have committed the crimes for which they are being interrogated

With respect to social influence processes in interrogations, internalization refers to the process in which a. innocent suspects come to believe that they have committed the crimes for which they are being interrogated. b. suspects confess to crimes that they did not commit in order to escape aversive interrogations. c. accused suspects are offered lighter sentences in exchange for important information. d. juries are able to disregard confession testimony that was extracted through coercion.