Exam 2 Flashcards

(39 cards)

1
Q

A study by Stephen Ceci had a person named Sam Stone visit children in a preschool. The children were told before the visit that Sam was very clumsy. The children were interviewed after Sam’s visit to the preschool. What did the study find?

(Can You Always Believe the Children)

A

The children recounted instances of Sam doing clumsy things that he never did
- Especially occurred when asked leading/suggestive questions

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2
Q

What did Stephen Ceci say about the studies of children’s suggestibility that ask leading questions compared with what happens in actual cases of children alleged to have been the victim of child sexual abuse?

(Can You Always Believe the Children)

A
  • Leading questions produce more made-up stories from children
  • Child abuse investigators that use such methods of questioning often make the kids feel pressured to tell them what they want to hear
  • Children can create elaborate narratives in those situations.
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3
Q

A study done by Brock and Ceci was shown that involved the suggestibility of children who visited a pediatrician. What did these studies show about the suggestibility of the child witness?

(Can You Always Believe the Children)

A
  • Anatomically-correct dolls lead on children
  • When dolls were used, half of the kids who never had their private parts touched claimed that the doctor did
  • Children were more likely to make up stories when asked the question multiple times
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4
Q

A study by Stephen Ceci involved asking children nonleading questions over a period of 10 weeks. What did the study find?

A
  • After a few weeks, many of the children started changing their answers from “no” to saying they did remember the experience
  • Were able to give precise details about events that did not happen
  • Children became convinced that the events happened even after being told it was an experiment
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5
Q

What is one major challenge facing the investigation of child sexual abuse, according to Stephen Ceci?

A

The challenge of not influencing the children

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6
Q

What is a corroboration rule?

A

Individual cannot be convicted based solely on his or her own confession

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7
Q

Who conducts the medical examination of a child at the Children’s Advocacy Center?

A

Sexual Abuse Nurse Examiner

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8
Q

Why would a District Attorney or Prosecutor NOT want to use a protective shield with a child witness?

A
  • Concern about increased convicted rates
  • Jury may think defendant has something to hide
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9
Q

Describe Ross and colleagues’ research on how jurors perceived the credibility of a child witness. In general, why is it that children are sometimes perceived as more, or less credible than adult witnesses? How has credibility historically been defined?

A
  • Historically, juries have deemed child witnesses as having low credibility
  • Ross et al. (1989): Children were found to be more credible than young and old adults.
  • Credibility Model: Children rated low on cognitive ability, high on honesty
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10
Q

What are three legal changes that have made it easier for children to testify in court?

A
  • Abolished age requirements
  • Abolished corroboration rules (child’s testimony not enough to convict)
  • Protective devices (shields, videotape, hearsay testimony)
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11
Q

Describe the Ross et al. (1994) study that examined the perceived credibility of the child witness who testified either in open court, behind a shield, or through videotape. What was the purpose of that study? How did it address constitutional issues regarding the defendant’s Sixth Amendment Right to Confrontation? What did the results of this study suggest regarding whether protecting the child witness increased conviction rates in trials of child sexual abuse?

A
  • Purpose: Determine whether likelihood of guilty verdict increases when protective shields and video-taped testimonies are used
  • Addressed Constitutional issues regarding 6th Amendment right to confrontation by by proving wrong their concerns that protective devices increase likelihood of convictions
  • Results suggested that protective devices do not increase conviction rates, rather they decrease conviction rates—especially observed in the videotape condition
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12
Q

Why is it important in the legal system to have the defendant be able to see his or her accuser testify while in court?

A

Sixth Amendment Right to confront one’s accuser

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13
Q

Williams (1994) studied women who were sexually abused as children and 17 years later asked them about their history of abuse. What did the study find?

A
  • In females who were sexually abused as children, 38% did not mention childhood abuse
  • Some women experienced dissociation and attributed their memory of abuse as happening to another child, when they were the ones that actually were abused
  • Rates of childhood sexual abuse may be underreported due to the mistaken memories
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14
Q

Why do memory research scientists like Elizabeth Loftus not believe that repressed memories exist?

A

They believe that repressed memories are falsely implanted memories because of the reconstructive nature of memory

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15
Q

Which psychological approach evolved the concept of repressed memories?

A

Psychoanalytic

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16
Q

Are repressed memories of sexual abuse ever admitted as evidence in court?

17
Q

Are repressed memories thought to be more, less, or equally accurate than non-repressed memories? Why?

A
  • Less accurate
  • Memory is malleable, so when a memory is repressed and not recalled for a long time, it is much more difficult to correctly remember it
18
Q

Do members of the American Psychological Association agree on the existence of repressed memories?

19
Q

The state of TN considers a person to be a juvenile (i.e. the juvenile court has jurisdiction) until what age?

20
Q

Briefly describe some major ways in which juvenile court differs from adult court

A
  • Goal is to rehabilitate, rather than punish
  • Are typically convicted on delinquent charges, rather than criminal charges
  • Closed hearings
  • No jury trials (juveniles do not have Constitutional right to trial by jury
21
Q

What are the standards concerning police interviewing children at school? Do they have the right to do so? Do parents have to be notified?

A
  • 5th and 6th Amendment rights should be honored (Miranda Rights)
  • Police should not turn down inclusion of the parents, but their presence is not required
22
Q

What is the major goal of the juvenile court system?

A

Rehabilitation

23
Q

What is the Senate Bill 1159 and House Bill 1029?

A

Plans to implement an increased time period in which juveniles and their parents are notified that he or she is being transferred to adult court
* 15 days

24
Q

What is the YCAP?

A
  • YMCA Community Action Project
  • Program that provides intervention/prevention services to young students
25
According to Christian Coder, what is the difference between appreciating and understanding why a juvenile committed a crime?
Looking at crime for its severity + equating a punishment to that crime?
26
According to Christian Coder, what is the age of children that he works with in juvenile court?
10-18
27
According to Christian Coder, what word did he say that drives what he deals with in his work?
Fairness
28
What happens in a grand jury? Are the proceedings public and are witnesses cross-examined?
* Individuals listen to prosecutor and witness(es) and then determining whether a person should be charged with a crime * Proceedings are public * No cross-examination
29
How many years would someone serve in TN for second degree murder?
* 15-60 years * Up to $50,000 fine
30
Who is solely responsible for deciding whether to file criminal charges against a citizen?
Prosecutor/district attorney
31
What are the two fundamental questions that Steve Strain says must be answered by the criminal justice system?
* Did defendant commit the crime? * If so, what should the punishment be?
32
What is exculpatory evidence?
Evidence that is favorable to the defendant’s insistence of innocence
33
What types of cases are processed in criminal versus civil court?
* **Civil**: Torts, Contract Breaches, Landlord/tenant disputes * **Criminal**: Violations, Misdemeanors, Felonies
34
What is reasonable doubt?
* Assessment of the burden of proof * Conclusion that after investigation of evidence there is certainty that the mind can rest easy as to the confidence of defendant’s guilt
35
What are Miranda rights and when to they apply?
Protects 5th Amendment right to remain silent and protection of self-incrimination * Applies if police are intending to question in a way related to an investigation or if the questions could incriminate the individual
36
What happens in General Sessions Court?
* Limited jurisdiction that handles both civil and criminal cases * Criminal cases with waived jury rights * Misdemeanors + conduct preliminary hearings for felony cases
37
What is Circuit/Criminal Court?
* General jurisdiction * Civil, criminal, and appeal cases * Criminal cases and misdemeanor appeals
38
What does the Supreme Court do?
* Civil and criminal appeals * Interpretations of law and Constitution
39
Does a defendant have to testify at his or her own trial? Why or why not?
No because of the 5th Amendment protection against self-incrimination