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Forensics Psychology Test 2
Terms in this set (51)
early juries were not neutral: modern juries are intended to be impartial. Sixth amendment impartial juries for criminal cases.group of eligible people summoned to report for jury duty
Venire: people who actually show up at the courthouse for jury duty
Jury: group that survives voir dire process
scientific jury selection
"Forming the ideal jury with scientific measurement: cerelations, interviews, to construct profiled for ideal jurors 1972 Harrisburg seven'' trial; mistrial not guilty verdict. 1995 O.J. Simpson murder trial
Order of Trial
-presentation of evidence
Witness called and questioned (direct examination and cross examination closing arguments.)
Venire and venirepersons
People who actually show up at the courthouse for jury duty
Attorneys and judge ask potential jurors questions; more limited slope in federal courts. System used to educate and ask commitment for jurors.
peremptory challenges ( jury)
cant be used to eliminate members of some cognizable groups, can be used to strike jurors because of religiously based beliefs.
Certain group members are recognized as sharing a distinguishing characteristic or attitude
Traditional v. expansive voir dire
tvd- no pretrial juror questionnaire, no social media, limited number of questions, evd- partial questionnaire, social media, large number of questions
(Measure of Juror Bias) : Legal attitude questionnaire
law as ultimate authority
(Measure of Juror bias) : Juror bias scale
Bias for prosecution and defense
(Measure of Juror bias) : Pretrial juror attitude questionnaire
system confidence, conviction proneness, criticism toward defense, racial bias, social justice, inmate criminality
Similarity leniency hypothesis
produces leniency only when evidence is inclusive and similar juror outnumber dissimilar jurors
Black sheep effect
similarity may cause jurors to be more harsh in defendant judgement
jury selection includes a special process with the goal of detecting extreme attitudes toward the death penalty.
(Memory component processes) : Encoding
(Memory Component processes) : Storage
(Memory Component processes) : Retrieval
Used to evaluate testimony accuracy
(Research on aspects of a witness/event that lead to accuracy/ inaccuracy ): Stress
(Research on aspects of a witness/event that lead to accuracy/ inaccuracy ): Cross-race effect
(own race bias) present from infancy to adulthood; not large bias effect, but consequential for legal system.
the tendency of eyewitnesses to misidentify a familiar (but innocent) face as belonging to the person responsible for a crime. Or false seen in one context transferred to another.
selectively retrieving only some aspects of a scene "inhibits" recall of other aspects. Also inhibition of details
Factors outside legal system control
Factors under legal system control
(Line up types): Sequential
view one person or photograph at a time; reduced relative judgement
(methods of improving witness identification accuracy) : Blind lineup
reduces unintentional communication; blind line up administrator
(methods of improving witness identification accuracy): Bias- reducing instructions
Forces witness to rely on own memory
(methods of improving witness identification accuracy): Unbiased lineup
requires actual suspect should not stand out from fillers.
(methods of improving witness identification accuracy): cognitive interviews
involves procedure to relax witness, rein states context surrounding crime, difficult for police to adopt this method.
Competency to stand trial
Someone who can full fill a role is the mental state at the time of the trial , insanity is the mental state at the time of the crime.
whether or not follows guilty or not guilty, is a legal term not a mental health term, remains most controversial are intersecting psychology and law may not mean mental illness, but almost always does.
woman who killed her 5 young children by drowning in the bathtub after suffering from postpartum depression & psychosis; used the M'Naghten rule to enter commitment by not guilty by reason of insanity
Andrea Yates ( Trial 1 outcome)
Andrea Yates ( Trial 2 outcome)
not guilty reason of insanity (NGRI)
Andrea yates ( diagnosed )
John Hinckley Jr. Case
Attempted assassination president reagan
John Hinkckley Jr. case ( what legal policy action happened as a result?
led to insanity defense reform act
John Hinckley Jr. case (out come)
NGRI verdict act standard use
An intent for guilty mind, intellectual disability if you have Alzheimers, people without mastery mind should not be punished for crime (guilty mind)
Insanity Standards (Durham Standard)
Guilty verdict overturned an appeal; prevailing insanity
Insanity Standards ( ALI standard)
cognitive test individual lacks capacity to understand the wrongfulness of the act or obey the law. Adopted most federal courts also called the model penal code rule .
Insanity Standards (Good v. evil test)
Early, based in ability to do good or evil, children who dies are different than adults because they are innocent. Children don't have full comprehension on what's good or evil.
Insanity Standards (Wild beast test)
A test used to determine whether a person is insane it defines it as mental deficiency in understanding the memory and asked whether a defendant acted like a wild beast
Insanity Standards (M'Naghten Rule)
U.s. insanity standard: the defendant is sane and responsible that at the moment of the crime was under defect of reason and did not know the nature and quality of the act he or she was doing or that it was wrong
States that abolished insanity defense
Idaho, kansas, montana, Utah
states place the burden of proof on the state?
Colorado, florida, massacheuttes, michigan, mississippi, new jersey, new mexico, north dakota, oklahoma, tennesse, west virgina
state uses the Durham standard?
1. a lot of defendants plead NGRI
2. Most NGRI pleas are successful
3. NGRI are released upon acquittal
4. People who plea NGRI are extremely dangerous
5. They must be diagnosed as insane MENTAL DISEASE OR DEFECT IMPAIRS WILL/REASON TO CONTROL ACTIONS.
28. Characteristics of successful insanity pleas
No previous violent crime
No prior history of criminal offenses
History of hospitalization for severe mental illness
Characteristics overrepresented in insanity acquittees
• White or Black
• Married (small difference)
The deliberate feigning or gross exaggeration of physical or psychological symptoms in order to gain a positive outcome or to avoid punishment, faking incompetence.
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