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Previous Date Lost -__Anthropologists: compare laws and mechanisms for instituting

1. The First Choice: Rights of Individuals versus the Common Good a. Example: The tension between the rights of the individual to smoke versus the protection of society. b. Example: The tension between the rights of criminal suspects and defendants versus the rights of crime victims. i. The Supreme Court in the 1960s under Chief Justice Earl Warren supported rights for suspects (e.g., the Miranda rule). ii. The Supreme Court under Chief Justice Warren Burger, from 1969 to 1986, and Chief Justice William Rehnquist, from 1986 to 2005, trimmed the rights established by the Warren Court by frequently ruling in favor of the police.

1. The Due Process Model a. Places primary value on the protection of citizens including criminal suspects, from possible abuses by the police and law enforcement system. It assumes the innocence of suspects and requires that they be treated fairly (receive due process) by the criminal justice system. 2. Crime control Model a. Seeks the apprehension and punishment of lawbreakers. b. It emphasizes the efficient detection of suspects and the effective prosecution of defendants to help ensure that criminal activity is being contained or reduced. i. Crime control model is currently dominant in the U.S. (Creation og 3 strikes laws are an example) ii. U.S. has 5% of the worlds population but has nearly 25% of its prisoners. 3. The second Choice: a. Equality vs Discretion i. Principle of equality means that all people should be treated equally (e.g. those commit the same crime should receive the same consequences.) b. Certain incidents that suggest unequal treatment by the legal system.

i. Profiling- viewing the certain characteristics as indicators of criminal behavior) ii. How ca psychologists help the legal system combat profiling? 1. Teach officers about profiling c. Relevant to the issue of equality under the law, the U.S. supreme court has occasionally applied a principle of the proportionality, that is the punishment should be consistently related to the magnitude of the offense. i. How does this conflict with the 3 strike law? 1. Ex. Guy Stole a slice of pizza and got 25 years in prison :O d. At times society also believes that discretion is appropriate (use of judgments about the circumstances of certain offenses that lead to appropriate variations in how the system responds to these offenses.) i. Many within the justice system use discretion ii. Sentencing disparity is apparent in the penalties given to African Americans and members of other minorities groups. (e.x. African Americans where more likely to get the death penalty) e. To counter act sentencing disparity many states implemented determinate sentencing, the offense determines the sentence and judges have little discretion. i. Recent supreme court decisions enables judges to have more discretion. (Default sentences that judges can pick) 4. Third Choice: To discover the truth or to resolve conflicts a. Because truth is often elusive, the most important priority of a trial may be justice. Attorneys representing the opposing parties five each side the best representation possible. b. When both sides believe that they have had a fair chance, participants are more likely to feel they have been treated fairly by the system and the system is more likely to be considered effective. This is an important part of a theory known as procedural justice. c. Plea Bargaining (Criminal Cases) i. Focuses on resolving conflicts easier and faster. Chapter 2 1. Adversarial System (used in U.S.) a. Exhibits evidence and witnesses are assembled by representatives of one side or the other to convince the fact finder that their sides viewpoint is the truthful one. i. In a jury trial judges rarely call witnesses or introduce evidence (although they question witnesses) (trial without a jury) ii. Criticism: Creates competitive atmosphere us against them it can potentially distort the truth.

iii. Benefits: less biased decisions 1. Participants have various opportunities to present their case. 2. Inquisitorial Approach (use in Europe but not in Great Britain) a. Judge has more control over proceedings (question witnesses and presents evidence) b. The two sides do not have separate witnesses c. Witnesses testify for the court d. And each side is not allowed to prep the witnesses prior to testifying.

1. Legality Vs. Morality a. Laws are designed to specify precisely what conduct is illegal (black letter law), but these laws correspond to peoples sense of right and wrong? i. Ex. Topic of euthanasia highlights the inconsistency between legality and many peoples perceptions of is moral,ethical, and just. (Guy with shot gun to his bro) b. Citizens sense of legality and morality i. Legislators and scholars have argued for centuries about whether or not the law should be consistent with citizens sense of morality c. Inconsistencies abound though i. Prostitution is considered immoral yet it is legal in some parts of the county and in some European countries. d. INTENTION: is very important in law, always follow black letter. e. Attribution Theory: 1. Internality: whether we explain the cause of an event due to something within ourselves or to something that exists in the environment. 2. Stability- whether we see the cause of a behavior as enduring or temporary 3. Globalness- whether we see the cause as specific to a limited situation or applicable to all situations. 4. Research finds if they made the choice internally the person is as more culpable and more deserving of punishment than a person who offers external unstable and specific explanations for the same act. *When making inferences about what caused another persons behavior especially behavior with negative consequences we tend to attribute the cause to stable factors that are internal to the person A.K.A Fundamental Attribution Error or Correspondence Bias

*But when our own actions lead to negative outcomes, we are more likely to blame the external environment for the outcome.

According to Kurt Lewin what influences behavior? -> 1/21/11

1. What is justice? a. In the old testament and in Homers The Iliad, justice meant something revenge. b. By the Time of the Golden Age of Athens in the 5th century B.C.E, the concept of justice came to be more about achievement of the well being of individuals. 2. Distributive Justice a. Models suggest that a person will be more accepting of decisions and more likely to believe that disputes have been resolved appropriately if the outcomes seem just of dist equally 3. Procedural Justice a. More about dispute resolution being fair, view outcome as just, regardless if it favors hem or not. 4. Common Sense Justice: a. Ordinary citizens basic notions of what is just and fair b. Researchers have found evidence that the black letter law on the books may be at odds with community sentiment. 5. 3 discrepancies between jurors intuitions and legal concepts and procedures a. the commonsense context is typically wider than the laws 6. Jurors perspectives on defendants and victims actions are more subjective than the law allows 7. Jurors take a proportional approach to punishment, whereas the law asks them to consider the defendant in isolation. EXAM: As a result of deinstitutionalizations (pg 38) -> mentally ill individuals are more likely to be homeless and unemployed Courts 1. Federal a. Have jurisdiction over cases arising under the constitution or laws of the U.S. but typically do not have jurisdiction over cases arising under state law, unless the plaintiff and defendant are from different states. b. Federal courts include trial courts, appellate courts, and the U.S. supreme court. c. Federal trial courts are called United States district courts, there is at least one district in every state.

d. The federal appellate courts are called the United States courts of appeals. e. 13 courts of appeal divided into geographical circuits. i. Appeals are assigned to three judge panels. These judge examine the record (documents that the lawyer s believe the judges need in order to decide the case), read the briefs (lawyers written arguments), and listen to the oral argument (the lawyers debate about the case before voting. Panel decides case by majority vote, one of the judges writes an opinion explaining why the court decided as it did. f. 9 justices make up the united states supreme court, which has the authority to review all cases decided y the federal appellate courts. g. The Supreme Court also has authority to review state court decision based on the constitution or on laws of the united states. h. Supreme court reviews onl those cases that the justices view as most significant i. When the court decides to review a case the order granting review is call a write of certiorari. The court reviews only a small percentage of the cases it is asked to consider. 2. State Courts a. State courts are divided into lower courts and trial courts i. Lower courts have jurisdiction only over specific matters such as probate of wills, administration of estates, family matters and cases involving juvenile offenders. ii. Trials courts typically decide any case that concerns state laws. Most criminal cases (drunk driving armed robber) are tried in state trial courts. iii. State court systems also typically include one or more courts of appeal and state Supreme Court. 3. Problem solving courts a. COmunnities are creating thes courts to help individuals cope with the problems that brought them to the court. b. This approach in which the law is used to improve peoples lives is calle d therapeutic juriprudence. c. Ex. i. Drug courts 1. Created to deal with offenders whose crimes are related to addiction 2. Drug courts offer treatment programs and supervision to drug addicted offenders. 3. In exchange for successful completion of the program, the court may dismiss the original charge, reduce or set aside a sentence, assign some lesser penalty, or make a combination of these adjustments. 4. How successful?

a. Findings are encouraging. Graduates were about 1/3 most likely to be rearrested on subsequent drug charges than similar defedants in traditional court. b. Evidence suggests that even some serous violent offenders can be helped by rug courts. ii. Homeless courts 1. Aim to reduce homelessness, deal with land owners and tenants issues and addressing the underlying causes of homelessness, mental illness, poor job skills, and language barriers. 2. The result is a reduction in low-level crime and decreased recidivism by offenders. iii. Mental health courts 1. Developed for offenders dealing with serious mental illnesses. 2. Deinstitutionalization, long term trend of closing mental hospitals, has left many mentally ill individuals without services or medication. a. As a result the mentally ill have experienced high rates of homeless, alcohol abuse, unemployment, physical and sexual abuse. b. Many with severe mental illness are incarcerated in jails and prisons. c. If offender is diverted from the regular criminal courts to a mental health court the mental health team prepares a treatment plan to lead to a long term psychiatric care and reintegration into society. i. Have to consent from both offender and victim ii. Charges are dropped if program complete d. Results suggest that its effective in linking participants to treatment services and in reducing recidivism rates. iv. Domestic Violence a. Courts have coordinated efforts to hold perpetrator accountable, enhance victim and child safety and promote informed judicial decision making b. Like other problem solving courts domestic violence courts involve specially trained judges and staff, coordination among community resources and close monitoring of the perpetrator both before and after case disposition.

c. But they differ from problem solving courts in important aspects i. They start from the premise that offenders behavior is learned rather than rooted in a treatable addiction or illness. ii. Therefore court proceedings are primarily adversarial rather than theraupeutic. iii. Domestic courts both victims and perpetrators have expressed staifaction wih domestic court processes and outcomes. iv. Compared with traditional courts, domestic violence court processes cesaes faster and have higher rate of guilty please. v. Criticism: 1. threatening punishment if they dont rehabilitate. 2. Guilt or innoncence is not determined by a trial. 3. Prosecutors feel pressured to favor rehab of the offender over protectiong of society, and defenders feel pressured to plead their clients guilty and to inform the court of clients failure to comply with terms of probation. d. Judge wears a robe, defendants are called clients, you can speak directly to the judge. 4. Alternative Dispute Resolution a. Most cases are reolved by negotiation (i.e. without the assistance of a third party) or by alternative dispute resolution (ADR) which involves the use of a third person or persons, to help resolve the controversy. i. Arbitration is one form of ADR: parties agree to binding arbitration they agree to accept the decision of an arbitrator. ii. Non biding arbitration, if one of the parties is dissatisfied with the decision. b. Litigants are usually satisfied with the outcome of arbitration (even if they dont agree with the outcome, they are inclined to accept the arbitrators decisions bc the hearings are seen as fair) c. A summary jury trial is like a conventional jury trial, though shorter. i. Lawyers tell jurors what the witnesses would say if they were present. ii. The lawyers argue the case and the hudge tries to answer jurors questions about the law.

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iii. Jurors then deliberate. iv. Although a verdict is reached theres no binding,its like a practice route, so they can decided whether if they wanna go to trial or not. Its like player poke, do you want to show your cards before you play the game? Lawyers need to make sure they have a strong case before they agree to this. d. Mediation i. Use of a neutral person to work with litigants and their lawyers to achieve a settlement. 1. Mediator doesnt have an authority to decide the controversy but, rather acts as a facilitator, meeting with each party and then try to negotiate a settlement between both parties. (come to an equal decision that satisfys both parties) How are judges selected? a. State court judges face elections. i. Typically the governor makes an initial appointment and the judge is then retained (or not) in a popular election. ii. If retained the judge serves a number of years, after whch he or she again runs for retention. iii. Federal judges are appointed by the president. iv. Supporters say this makes judges accountable to the public, a judge who makes unpopular decisions can be removed. v. Judicial rentention elections may invite pressure from special interest groups (lobbyist, nra, mothers against drunk driving) vi. Also a concern that judicial electionas pose a threat to fairnerss. Influences on judicial Judgements (Slide add on) a. Correlational study: ice cream and crime b. Experiment: there has to be i. 1)a relationship ii. 2)time precedence (variable that im affecting has to come before the effect variable) iii. 3) ruling out alternative explanations. Players in the legal system: Judges (Slide add on) a. Trial courts: judges listen to evidence/witnesses b. Appellate decision: determine whether theres a mistake in a trial, to determine a fair trial c. Attitudinal model of decision make : allows for these biases to come in to play How do judges decide? a. Models of human judgement distinguish between i. Intuitive processes that occur spontaneously often without careful thought or effort. ii. Deliberative processes that involve mental effort/concentration/ motivation and the application of rules.

iii. Deliberative process is the best way, because they judge came to this decision based on facts and not on intuition. 9. Players in the legal system: Lawyers (slide add on) a. Lawyers that work for gov are prosecutors or state attorneys. b. State prosecutors are elected/ federal prosecutors are appointed by president. William James founder of AMERICAN Psychology. c. Out wrote his brother. d. Freud founder of psychoanalysis Know and memorize laws,how judges are picked.

1/26/11 Psychology of Crime Daubert v some case on pg 20. Know about policy evaluator/advocate/basic scientist/pure scientist 1/28/11

1. Theories of crime as explanations of criminal behavior a. Historical Views i. Most ancient explanations of crime took a religious tone; crime was either equivalent or due to sin. ii. Classical school of criminology emphasized free will to explain criminal conduct. Classical theorists also believed that punishment should fit the crime. iii. Positivist school of criminology emphasized factors belived to determine criminal behavior (foundation of biology and stuff) iv. Used scientific method and the analysis of empirical data (conclusions are not taken seriously today) v. Punishment should fit the criminal not the crime (foreshadows rehabilitation attitude) b. Theories i. Modern theories of criminal behavios came out of the positivist ii. Sociological Explanations (crime results from social or cultural forces) 1. Structural Theories propose that dysnfuntional and social, poor education 2. Subcultural theories: hold that crime occurs 3. Two types of sociological theories: a. Structural theory example:

2. Biological explanations a. Stress/gentic influences/neuropsychological abnormalities/biochemical irregularities i. Twin studies the reasearcher compares the concordance rate for monozygotic twins(identical) and dizygotic twins (fraternal) b. In twin studies if mono concordance rate is significantly higher, then the behavior in question is genetically influenced. c. Results suggest that inherited tendencies may predispose one to commit crime. d. Influence of heredity appears to be higher for aggressive types of antisocial behavior than for nonaggressive crimes. (drug taking/shoplifting/truancy) e. What exactly is inherited? 1. Low MAOA in combination with a history of maltreatment 2. Neuropsycholoical abnormalities (impared function in prefrontal cortex) 3. Autonomic nervous system differences 4. Physiological differences (low seratonin) 5. Personality and temperament diffeences. SKIP CRIMINCAL THINKING PATTERNS End at psychopathy Ex Question: various school shootings, which characteristic has not been noted as common to these offenders? C: tortured and sometimes killed animals Theory: are approximations of the truth, cant prove, if you do then it becomes a law.(always wrong) Law: definite action.

i. Differential opportunity (Cloward & ohlin) b. Subcultural Theory Example i. Theory of focal concerns (miller,1958)

2/4/11 Chapter 4 (After page 99 dont read nor cover read training crisis intervention& hostage negotiation/dealing with the mentally ill)

1. Selection of Police Officers a. Psychological evaluation of police personnel began in 1916 when Terman tested 30 applicants for police and firefighterjobs. b. Terman (1917) found that average IQ was 84 and recommended that no one with an IQ below 800 be accepted for these jobs. c. In 1960s/70s several commisions recommended formal psychological assessment of police personnel in all departments. d. All police officers go through psychological evaluations, its used to screen out those specific problems that would interfere with their effective functioning as police officers. e. Psychologists who evaluate police candidates rely on: i. Personal interviews 1. Not reliable a. Impression management (first date example) 2. Although reliability does seem to be increased by the use of structured interviews those in which the wording order and content of the interview are standardized. ii. Situational Tests 1. Situational tests use tasks similar to those done by officers on the job. They are desgined to predict perormance in the academy and on the job. 2. There is evidence that such ability tests are somewhat better predictors of job performance than other measures, but they are time-consuming and expensive. For that reason, they are used only by a minority of police departments. iii. Observations of candidates in situations that reflect real world police word iv. Psychological test 1. Mandy standardized psychological tests have good reliability 2. Two types of test are included in most selection batteries: a. Test of cognitive or intelligence ability and tests of personality traits, integrity, or emotional sability. 3. Police tend to score average to above average on IQ tests.

4. IQ is strongly associated with police recruits performance in their trainin programs. However, intelligence scores are only wealkly related to actual police performance in the field. 5. One personality test designed specifically to identify psychologically unsuitable law enforcement candidates is the Inwald personality inventory. This has good reliability and research suggests that its predictive validity is significantly better than that of the MMPI (Another commonly used test). 6. Positive relationships between screening results and performance by police recruits in training have been found. 7. Researchers have also gathered peer ratings from trainees; ratings correlate with job retention of police officers, but not with most other measures of their job performance. 8. Validity studies have problems (respondents try to fake good) 9. Candidates who do poorly on screening are eliminated from pool of trainees. 2. Training of Police officers a. Many departments require some college education b. Police academy lasts 14-24 weeks c. Two types of criticisms i. After rigorous selection procedures, few trainees fail the training. ii. There is insufficient trainingg in the field as well as lack of close supervision of trainees during the time they spend on patrol. iii. They barely get ay training in how to INTERVIEW witnesses better, police manuals suck. 3. Training in crisis intervention Chapter 5

1. Witnesses a. Approximately 75,00 defendants are implicated by eyewitnesses in the U.S. every year, but unfortunately some eyewitnesses make mistakes. b. 75% of the first 218 people exonerated on the bases of dna analysis had been mistakenly identified c. 17 served time on death row d. On average they served 12 years in prison before release

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e. For more info see www.innocenceproject.org General Characteristics of Memory a. Perception does not always equal reality b. Expectations influence the processing of information c. Not all that comes into view of our eyes is recorded in memory d. Top Down processing- previous knowledge (EXAM) e. Memory is a construction Basic Information Processing: Perception and Memory a. To process info about a crime we first got to perceive a stimulus and then retain info. b. Perception i. Certain variables can affect how well we take in info 1. Weapon Focus Effect a. If weapon is present when a crime is committed, we may devote more attention to it than to the facial features or other physical aspects of the person who has the weapon. Stages of Memory a. Encoding- recording of info in environment b. Storage: storing info c. Retrieval: taking the info out d. Memory of eyewitness with these 3 stages will be explained. What can affect encoding? a. Stress: extreme stress usually causes the person to encode the information incompletely or inaccurately b. Characteristics of the Witness (eg visual acuity and hearing ability) What can affect storage? a. Memory fades as the retention interval increases b. Post event info can alter memory of the event c. Viewing Photos of suspects after witnessing a crime can impair an eyewitnesses ability to recognize the perpetrators face in a lineup. What can affect retrieval? a. Wording of questions can influence retrieval (asking what was the man with the moustache doing with the young boy? may influence memory of the man) b. Unconscious transference: victims may pick from a lineup someone theyve seen before but who is not the actual criminal. 2/9/11

1. Variables that affect eyewitness accuracy a. Wells (1978) created taxonomy to categorize variables: i. System variables: factors under the control of the criminal justice system 1. Can you give an example? a. Suggestive questioning

2. Controlling the ipact of system variables 3. Theres 5 a. Interviewing Eyewitnesses i. Psychologists created the cognitive interview to help police gather info ii. In a cognitive interview< the interviewer develops rapport with the witness asks witnesses to provide a narrative account of the event, and then probes for details with specific questions. iii. Main goal is to build report,open ended questions. iv. In a standard police interview one relies on a predetermined set of questions with little opportunity for follow up. v. Cognitive interviewer relies on a set of cues for memory retrieval. The interviewer may ask a witness to: 1. Form an image of the situation 2. Recollect sights,sounds,smells 3. Physical conditions 4. Emotional reactions experienced at the time. ii. Estimator Variable: Factors beyond the control of the justice system and whose impact on the reliability of the eyewitness can only be estimated. iii. Can you give an example? 1. View of the crime 2. Age of the witness 3. Eyesight (blind without glasses) iv. Postdiction Variables: Does not directly affect the reliability of an identification but it is a 1. There 3 variables that are talked about in literature: a. Confidence b. Decisions time: faster the decisions the more likely you will be accurate. Hind boundary: time limit that you make an id between 10-12 seconds you will be accurate. c. Self report decision process v. Postdction Variable 1. New variable a. Filler memory task 2. Purpose of inwald personality: find unsuitable law enforcement candidates Contact Hypothesis: if you have more contact with that race then you have more chances of knowing that and picking the right choice.

IN group/out group: social interpretations What 3 elements do you need to draw causation? Rule out alternative explanations, correlation, and time precedence

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Chapter 5: Crime Investigation: Witnesses Good theory 1. Parsimony 1. Explain past data 2. Make novel predictions Complexity is NOT.

1. Reforming Identification Procedures a. Influence feedback i. It is best to have the lineup administered by someone who does not know which person is the suspect. ii. A lineup administrators knowledge can affect the likelihood that an eyewitness will choose someone from the lineup and the confidence that the eyewitness attaches to that choice. iii. Witness confidence is not very strong predictor of whether the witnesses identification is correct iv. Asking witnesses to provide the statement of their degree of certainty before v. Avoid confirming feedback vi. If eyewitnesses receive confirming feedback from lineup administrator. 2. Children as witnesses a. Dont have toys in the room to distract child b. Build more repore with the child than with an adult c. Explain purpose of interview d. Start with open ended questions

2/14/11 False Memories Ss= Subjects 1. Themes to Remember a. Memory is a reconstructive process b. We dont encode everything we see c. We use schemas and other shortcuts to help us out 2. Typical Mock Study a. Watch mock crime, car accident, etc b. Delay Period c. Exposed to post-event information (PEI) that describes the vent i. Some is accurate but generis (Stole a book), some is inaccurate (he stole a chemistry book) d. Lastly, Ss answer questions about the event. 3. Typical Results a. Misled Ss are more likely to report seeing the suggested details b. Much research since the 70s has shown this. c. Known as misinformation effect (MIE) d. This research fals in 3 categories i. Leading questioning ii. Novel details into a scene iii. Transforms details (instead of stealing a book he stole a wrench) iv. Planting false memories (input a false memory into someones head) 4. Loftus and Palmer (1974) a. Watched a film where no headlight was broken b. Then Asked: i. Did you see a broken headligt? Or did you see the broken headlight? ii. More say yes when the definitive article THE is used. 5. Loftus (1975) a. Barn Study (saw the red barn down the road?...yea) 6. PEI can lead Ss to report nonexistent details. 7. Factors that influence me a. Susceptibility b. Discrepancy detection b/w event and PEI c. 1)Good memory for the event i. Longer delays= worse memory= more susceptible to MIE ii. MIE on peripheral details not central details d. 2) Expectation about what will happen i. Schemas ii. Fill in missing details with schema consistent details

iii. Not likely to remember details that do not fit with out shcmea for an event iv. More likely to remember ambiguous details that fit with their schema 8. Source Monitoring and Me a. Source monitoring framework can account for most forms of discrepancy detection b. Lindsay (1990) i. Dark room with woman reading ii. Low discriminability (woman reads to people then immediately after the people report what was said) vs. high discriminability (man tells people what happened.a week later the people say what was told) 9. What happens to original memory? (Test Stuff) a. Loftus (1975) i. Originally thought that PEI impaired memory for original information possible over writing it in some way. b. Two Alternative Explanations (what this lady found was that its not necessarily over-riding, its:) i. Ss capitulate: they just go along with experimenter and report the misleading info. ii. Dont notice some detail and then when asked later they just go with the misleading info. 10. Creating False Memories a. Lost during a shopping trip (Loftus and Pickrell, 1995) b. Hot air balloon ride (wade et al.) i. Photographs help ii. Having Ss imagine the event 1. Even when the event is implausible (i.e. shaking hands with bugs bunny at Disney world) iii. False Memories may actually affect behavior! 1. Egg salad study (Criminal profiling,dont spend large amounts of time on it) Chapter 6: Evaluating criminal suspects 1. Detecting Deceptiion a. Bond & Depaulo determined that people are correct only about 54% of the time, hardly more than chance. b. People generally have a truth bias (biased toward judging statements as being truthful) c. Criminals generally have a lie bias (biased toward judging statements as being deceptive)

d. People who have experience judging deceit are typically no better at it than those with no experience (although those with experience are less likely to have a truth bias) e. People tend to have mistaken beliefs about verbal and noverbal cues to deception (e.g. avoiding eye contact is not generally a sign of deception). f. There are very few reliable nonverbal cues to deception, perhaps because people who are asked to tell the truth may also show signs of nervousness. i. But liars tend to have fewer hand and finger movements and use less illustrators. g. Psychologists have had more success determining which verbal cues can reliably predict deceptive behavior. i. Truth tellers are more likely than liars to say they cant recall certain details and. h. Temporal/sensory/ make up a true memory. 2. Distinguishing liars and truth tellers a. Verbal cues continued i. Liars 1. Story is less plausible 2. Shorter in length, less details overall 3. Less expensive,less involved and less cooperative 4. Liars tend to have a higher pitched voice, sound more tense, and usually make more speech errors and hesitations (particularly if lie is complex). b. Cognitive Load interviews can enhance our ability to tell truth tellers from liars. Cognitive load interviews mentally tax a person

2/25/11 -The decision to set bail (dont read), start again at pre-trial publicity.

1. Steps between arrest and Trial a. If the police believe that a suspect committed a crime, they will probably arrest the suspect. b. Charging implies a formal decision to continue with the prosecution and that decision is made by the prosecuting attorney rather than 2. The initial Appearance a. Jude reviews evidence summaried by the prosecutor and determines whether there is reason to believe that the suspect committed the crimes charged. b. The judge will inform defendents of the charges 3. The preliminary Hearing

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a. Prosecutiong must offer some evidence on every element of the crime charged and the judge must decide whether evidence is enough to keep going The grand Jury a. Consisting of citizens drawn from the community, the grand jury meets in private with the prosecutor to investigate criminal activity and return indictments. Arraignment a. If an indictment is given by the grand jury they are given to the judge. During arraignment the judge makes sure the defendant has an attorney and knows their rights. Always plead guilty. Discovery and pre trial Motions a. Civil cases: each side is entitled to discovery ( each side can question each others witnesses and review documents that the other side might use) b. Crinminal: what prosecution must reveal to defense and so does defense (in gen states require the defense to turn over the same types of materials that the prosecution must turn over. (Like exculpatory evidence:. i. Most states require the prosecutor to share certain evidence like lab reports and exculpatory. 1. Problem with this is theres loop holes,someone may not think some evidence is exculpatory. Discovery and pre trial motions a. During the discovery phase of the case both sides file pretrial motions seeking favorable rulings on the admissibility of evidence. i. Motion for separate trials (your friend killed someone and you were in the car. Separate is better) ii. Motion to server counts: iii. Motion for change of venue iv. Motion to suppress a confession or other statement by the defendant v. Motions in Limine (a request for pretrial ruling). Plea Bargaining in Criminal Cases a. 90-95% of cases end with plea bargain b. they involve plea of leniency c. Different types i. Charge baragaining 1. Prosecutor drops some charges in return for a guilty plea (prosecutors often overcharge to be in a good position for this) 2. RECIPROSITY social psychological principle that explains this ii. Sentencing bargaining 1. Prosecutors recommend shorter sentences Why do defendants pleasd guilty?

10. Why do prosecutors plea bargain? a. To dispose of cases in which the evidence against the defendant is weak b. To ensure a win c. Obtain testimony of one def against other (snitches) d. Expedite flow of cases e. Maintain a good working relationship with defense attorneys f. To avoid trials that might be unpopular with the community. 11. Psychological influences on the plea-bargaining process a. Framing effects:depends how you phrase question depends the answer you get b. Overconfidence bias: people tend to be too optimistiv about their chances of securing favorable outcomes. 12. Evaliuations of plea bargaining a. Advocates for plea bargaining i. Defendants admission of guilt is an important first step in rehabilitaion ii. Guilty pleas relieve the backlog of cases iii. Outcomes reached promptly iv. To get snitches

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1. Pretrial Publicity a. 1st amendment allows press to inform the public about criminal invertigations b. 6th amendment concerns the right to a speedy/public trail before an impartial jury c. 1&6th amendments clash when the presspublishes info that threatens a defendents right to a trial by jury. 2. Conflicting rights a. Common problem occurs when local media and internet sources disseminate prejudicial info. Is exceedingly difficult to disregard 3. KNOW Legal Rulings on pretrial publicity 4. Know Nylon study 3/2/11 1. Three Forces at work that encourage forensic activities a. Mental health experts may have expertise in a wariety of areas relevant to litigation. b. The law permits and even encourages the use of expert terstimony on psychological topics

c. Expert testimony by forensic psychologists thrive because it can be very lucrative 2. Competence a. Competence to Stand Trial refers to a defendants capacity to function meaningfully and knowingly in a legal proceeding. (gotti walking in underwear) b. Defendants may be determined by a judge to be incompetent if they are seriously deficient in one or more abilities i. Understanding legal proceedings ii. Communicating with attorneys iii. Appreciating their role in the proceedings and making legally relevant decisions. c. Accepted national standard for competence to stand trial is a sufficient present ability. d. Important ruling i. U.S. supreme court ruled that the standard for competence to stand trial will be used in federal courts for assessing other competence questions that arise in the criminal justice process. e. In evaluating adjucative competence, the mental health professional focuses on two components (foundational and decisional competence) i. 1)foundational question wether the defendant has the capacity to assist counsel. Component has 3 requirements 1. understand basic elements. Do need to know: -MacArthur Structured Assessment of the Competence of criminal defendants -Macarthur competence assessment tool-criminal adjudication -ECST evaluation of competence to stand trial revised (most important) -4 critera -has validity to it

Test # 3 (18 points possible) Material

Chapter 8

1. Competence to refuse the insanity defense a. Can the defendant refuse to plead insanity? i. But Frendak v. U.S. rued that if the defendeant understands the alternative pleas and their consequences the defendant should be permitted to reject and insanity plea. b. Competence to be sentenced i. In general the standard for competence is to be able to understand c. Competence to be executed i. U.s. supreme court decided in the case Ford vs. Wainwright that the 8th amendement ban against cruel punisments prohibit the execution of defendants while they are incompetent. d. Juvenile Competence i. Researchers found that people younger than 15 that get charged as adults, are not competent. They dont understand the processs. e. The Insanity defense i. Differing definitions of insanity are held by different jurisdictions ii. Idaho,Kansas,Montana,north Dakota, and utah have abolished the insanity defense. iii. Requires one to gauge a defendants mental state at the time of the offense; can be very difficult to do. iv. Few instruments are specifically designed to assess insanity. v. MNaghten Rule 1. Rule excuses criminal conduct if the defendant as a result of a disease of the mind a. Did not know what he was doing (believed he was shooting an animal rather than a human) or b. Did not know that what he was doing was wrong (believed killing unarmed strangers was right) vi. Brawner Rule (used in 14 states)(more flexible) 1. Rule stats defendant is not responsible for criminal conduct if he at the moment of crimes conduct was a result of mental disease or defect,lacks substantial capacity eiter to appreciate the criminality wrongfulness of his conduct or to conform his conduct to the requirements of the law.

2. WHATS THE DIFFERENCE BETWEEN BRAWNER & MNAUGTEN f. Insanity Defense Reform Act (IDRA) i. Enacted by congress in 1984 ii. In addition to eliminating the violitional prong, it also changed the insanity defense process as follows: 1. Prohibited experts from giving ultimate opinions about insanity. 2. It placed on the defendant the burden to prove insanity by clear an convincing evidence, instead on the prosecution proving a defendants sanity beyond a reasonable doubt. g. Research Relevant to Varying insanity defense rules i. Psychologists have questioned whether the typical juror can comprehend the legal language of the insanity definitions and then apply them as intended. ii. Regardless of what insanity rule was used college students showed very little rates of recall and comprehension of various insanity definitions. iii. Different standards of insanity seem to make little difference in verdicts. iv. Insanity Defense 1. Sometimes when the insanity plea works, the defendant spends more time in an institution than he or she would have spent in prison if found guilty. h. Public Perceptions of th insanity plea i. Melton reported the following 3 beliefs to be prevalent among the public 1. Large number of criminal i. Steadman and Braff found that defendants found NGRI in NY had an avg hospital stay of 3 years (longer than those who commited a more serious offense) i. Note: data doesnt include individuals who were hospitalized but not released. 3/9/10 1. The Insanity Plea: The Facts a. As for dangerousness, the limited evidence available on this question point either to no difference in recidivism rates between NGRI defendants and regular felons or to slightly lower recidivism rates among the NGRI b. Why are recidivism studies so hard to study? i. Lots of ways to define recidivism ii. They lie c. Current criticisms

d. Sends criminals to hospitals and then frees them. e. Researchers Response: people spend more time in the mental hospital than they would in jail f. No evidence for socioeconomic bias Test # 4 2. Movie a. Murder took place from 7-9am 3. What theory can be used to explin why a jury might have problems understanding the concept of false confessions? a. Terror management theory b. Cognitive disonense c. Fundamental attribution error d. Belief in a just world. 3/28/11

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