PS 354 (Psychology of Criminal Justice) Midterm 1
Quiz questions from Chapters 8, 10 & 13.
Terms in this set (60)
What condition(s) must be satisfied in order for an expert to give opinion testimony?
the testimony has to be relevant to the issue at hand
the usefulness of testimony must outweigh the prejudicial impact
Daubert v. Merrell Dow (1993) allows which party within the legal system to decide if
expert testimony is based on sufficiently relevant and reliable scientific evidence to be
admitted into evidence?
At which stage of the criminal justice process is competence not an issue?
Competence is an issue at every stage.
When defendants enter a plea of guilty, they waive the right to
a jury trial
contact their accusers
call favorable witnesses
A defendant who pleads guilty waives a variety of constitutional rights. Which Supreme Court case ruled that this waiving of rights must be knowing, intelligent and voluntary?
Johnson v. Zerbst (1938)
The ruling that competence to stand trial is a "sufficient present ability to consult with
[one's] attorney with a reasonable degree of rational understanding, and a rational,
as well as factual understanding of the proceedings" stems out of which Supreme Court case?
Dusky v. United States (1960)
Which of the following would be considered a basic foundational question that a mental
health professional would focus on when evaluating adjudicative competence?
can the defendant understand the basic elements of the adversarial process?
can the defendant use reasoning to relate relevant information to his/her attorney?
can the defendant appreciate his or her legal predicament?
One of the problems with the Dusky standard is that
it does not specify how the evaluator should judge the sufficiency of rational understanding, ability to consult or factual understanding when assessing competence.
Currently when one is evaluating competence, what really matters is
whether or not a defendant has the ability to participate knowingly and meaningfully in the proceedings and assist the defense attorney.
The majority of defendants referred for competence evaluations are determined to be
According to Chapter 8, which of the following should make evaluators suspicious that a defendant might be faking incompetence?
an extremely low score
Most states established a criterion of "preponderance of the evidence" with regard to competency. In other words, a defendant had to show that it was more likely than not
that he or she was incompetent. (T/F)
As a result of Betty's competency evaluation, the doctor concluded that Betty is not
only incompetent to stand trial, but that she will probably never be competent. What
could happen as a result?
She could be committed to a hospital through involuntary civil commencement proceedings
She won't be able to stand trial
She might end up being confined for an indefinite period despite Jackson v. Indiana / 1972
When can the government forcibly administer psychotropic medication to render a
mentally ill defendant competent to stand trial?
what the medication is medically appropriate
when the treatment is unlikely to have side effects that may undermine the trial's fairness
when the treatment is necessary to significantly alter important government trial-related interests
What is the Supreme Court's view on a defendant's right to represent himself or
herself at trial?
The defendant's decision must be made completely
The judge must be convinced that the waiver of counsel was uncoerced + intelligent (w/ understanding)
What is the significance of the Supreme Court case, Ford v. Wainwright
Citing the Eighth Amendment, it prohibited the execution of mentally incompetent defendants.
_________________ refers to the defendant's relevant legal capacities after the crime (e.g., for the trial), while _______________ refers to the defendant's mental state at the time the offense was committed.
Mens rea means
the mental state of knowing the nature and quality of a forbidden act.
"Distinguishing between right and wrong" is central to which definition of insanity?"
Sometimes when the jury renders a verdict of "not guilty by reason of insanity," the
defendant spends more time in a mental hospital than he or she would have spent in
prison if found "guilty." (T/F)
A deposition is usually
a statement (usually oral) made by a potential court witness.
can be decided by a jury
can be decided by a judge
can have a six-person jury
can be decided by a 3/4th majority
The term venire refers to
the panel of potential jurors.
The original meaning of voir dire was
"to tell the truth."
Bethany is a prospective juror. She has traveled to the courthouse and now she is being questioned to determine if she can be an impartial juror. What is the process that
Bethany is currently undergoing?
The fact that the prosecution gets to present its opening statement first means that the
has an advantage
benefits from the primacy effect
Which of the following are advantages provided to the defense in a criminal trial?
the burden of proof is on the prosecution
the defense has more preemptory challenges
defendants do not have to take the witness stand
Which of the following represents the proper order of witness questioning?
direct examination, cross‑examination, redirect, recross
In a criminal trial
the jurors should be convinced "beyond a reasonable doubt," in order to convict.
In a civil trial
the standard for deciding in favor of one side or the other is the "preponderance of evidence."
In Blakely v. Washington (2004), the U.S. Supreme Court ruled that judges may not
_____________ defendantsÂ sentences based on what they perceive as _______________
What do they call a trial in which a judge, not a jury, decides the guilt or innocence of
a bench trial
Louise Woodward, a British au pair, was charged with killing the eight month old child
who was in her care. This case was unusual in that
the judge declared that the jury verdict was too harsh and reduced it.
Kalven and Zeisel's (1966) results suggest that with respect to verdicts rendered by
in the vast majority of cases, juries base their verdicts on the evidence and the law.
Kalven and Zeisel (1966) found that when judges and juries disagree,
jury's verdicts were, in general, more lenient than the judges' verdicts.
How have juries changed in the last 50 years?
in some jurisdictions, jury decisions no longer need to be unanimous
in recent years, many states have shifted to smaller sized jumps
today's juries are more heterogeneous than they used to be
Eisenberg et al. (2005) conducted a partial replication of Kalven and Zeisel's (1966)
classic study of judge/jury differences. What was their obtained rate of jury‑judge
The term "jury nullification" refers to the
power that juries have to render a verdict that is not in line with the law.
Regarding the possibility of nullification by the jury, generally
the jury is not explicitly told that they have this right but they still have the power.
According to the Bureau of Justice Statistics' National Crime Victimization Survey in
2003, approximately _____________ criminal victimizations occurred.
Sexual predators sometimes prowl online chat rooms to find victims. This technique is
now referred to as
Which of the following has occurred and reflects an increase in the attention paid to
victims now have an opportunity to provide victim impact statements
now organizations have emerged that focus on victims
there is an increasing availability of services for crime victims
Widom found that abused or neglected children were significantly more likely than a
comparison group (similar in demographics, but not abused nor neglected) to have
been arrested for violent crimes as juveniles or as adults. (T/F)
Charles has recently come back from the war. While there he was severely injured when
a bomb blew up the truck he was in (everyone else in the truck was killed). Since coming home two months ago, he has been having nightmares and flashbacks where he
reexperiences the bombing. He is also easily startled and very anxious. He went to see
his doctor and was diagnosed as having
According to Chapter 13, what might help to prevent posttraumatic stress disorder?
provide social support immediately following the traumatic event
correct the victim's misconception that the world is a dangerous place from which he/she must retreat
correct the victim's misconception that he/she is helpless in dealing w/ life's stressors
What percentage of women murdered in the U.S. are killed by their male partners?
According to Dutton, 40% of batterers have the features of
Which of the following has been proposed as a component of the battered woman
The majority of battered women charged with murdering their abusive partners are
A claim of self‑defense historically has applied
when the victim reasonably believed that he or she was in imminent danger of death or great bodily harm.
Which of the following is a myth about rape?
women cannot be raped against their will
women secretly want to get raped
most accusations of rape are fake
It has been estimated that between _____________ of women in the U.S. suffer at least one rape or rape attempt in their lifetime (this includes reported and unreported rapes and attempted rapes).
According to the FBI, _________ of all reported rapes result in an arrest
Approximately what percentage of rapes result in convictions or prison sentences?
Approximately what percentage of rapes are carried out against victims who know their
Women who have been sexually assaulted in the past or who were sexually abused as
children are more likely to suffer a second sexual attack than women without prior
sexual victimization. (T/F)
How have rape laws generally changed in recent years?
newer laws divide sexual assault into degrees according to the extent of force used or threats
newer laws consider the sexual assault of a spouse to be rape
newer laws have halved or almost eliminated resistance standards
Research has found that empathy for rape victims
is higher among men and women who know a rape victim.
Barry believes that women are the "weaker sex" and should be protected from the
world. According to Chapter 13, Barry would probably score high on a measure of
What standard did the U.S. Supreme Court use in its ruling about hostile workplaces in
Harris v. Forklift Systems, Inc.?
a reasonable person