Exam 2 chapter 2/3 Flashcards

1
Q

Psych issues of police

A

 Pressure and stress
 Cynicism and desensitization
 PTSD and risk of suicide
 Frequent encounters on the job

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2
Q

o Exclusionary rule: Mapp v. Ohio (1961)

A

 The 4th amendment
 Before, evidence gotten without a warrant wasn’t excluded in trial

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3
Q

Gideon v. Wrainwright (1963)

A

right to a counsel
before:Betts v. Brady (1942) right to counsel only under certain circumstances (extremely harsh penalty, if defendant is mentally unfit)
after: Attorney will be provided in felony cases
Applies to only trial and one appeal

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4
Q

reid technique procedures

A
  • Confront suspect with crime, keep attention throughout interrogation
  • Interrupt suspect frequently in early stages; overcome all objections
  • Develop “themes” and alternative explanations for crime: use sympathy to gain trust
  • Recount details of crime
  • Obtain full written confession
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5
Q

o Maximization

A

scare tactics
 Overstate seriousness of offense and magnitude of charges
 Make false or exaggerated claims of evidence

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6
Q

o Minimization

A

minimize crime
 Sympathy, tolerance, face-saving strategies
 Blame the victim or accomplice

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7
Q

o Jackson v. Denno

A

: confessions must be voluntary
 Pre-trial hearings on confession voluntariness required
 Torture, punishment, physical harm – or threats of these things – not permitted
 Promises of leniency and gray areas of the law
* Cant promise lower sentence or anything like that

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8
Q

o Factors in known false confession cases

A

 Length of interrogation
 Sleep deprivation and/or lack of food
 Suspect is vulnerable
 Presentation of false evidence
 Interrogator provides details of crime

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9
Q

If the person is a suspect, the goal of an _____ is getting a _____

A

1) interrogation
2) confession

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10
Q

o Jurors ____ able to identify false or coerced confessions

A

arent

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11
Q

o fundamental attribution error

A

the tendency to attribute other people’s behavior to dispositional causes (traits, personality) and to dismiss the situational pressures acting on the person.

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12
Q

o If there is strong evidence in addition to a confession, jurors will ______ the ______

A

1) ignore
2) coersiveness

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13
Q

Miranda rights:

A

(1) You have the right to remain silent. Anything you say can be used against you in a court of law. (2) You have the right to have an attorney present during questioning. (3) If you cannot afford an attorney, you have the right to have an attorney appointed to you prior to questioning. (4) Do you understand these rights as I have explained them to you

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14
Q

o Only ____ choose to use their miranda rights

A

20%

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15
Q

o To evaluate the voluntariness of a confession, judges must look at the _____ ___ ______ surrounding it

A

totality of circumstances

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16
Q

o good cop–bad cop approach

A

o good cop–bad cop approach: two interrogators work as a team. The “bad” cop (typically the larger, more intimidating member of the pair), through words and nonverbal behavior, shows his anger with the lying suspect and expresses his belief that the suspect should receive the most severe punishment possible. In contrast, the officer playing the “good” cop will show the suspect sympathy and understanding (although the good cop may eventually express disappointment that the suspect is continuing to lie).

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17
Q

o Reid technique

A

(1) loss of control, (2) social isolation, (3) certainty of guilt, and (4) minimization of culpability

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18
Q

Reid loss of control

A

remove the psychological comfort of familiar surroundings and to communicate — in blunt and subtle ways — that the suspect has lost control of the situation.

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19
Q

reid social isolation

A

deprive the suspect of emotional support and to minimize contradictory information.

20
Q

reid certainty of guilt

A

You did it, we know you did it, it is futile to deny your guilt, and any jury or judge that sees the evidence will convict you

21
Q
  • evidence ploys
A

cite real or fabricated evidence that clearly establishes the suspect’s guilt. Sometimes there is actual evidence that implicates the suspect (e.g., an eyewitness who places the suspect at the scene). If no real evidence exists, police may lie about its existence.

22
Q

reid minimization of culpability

A

: interrogators offer face-saving justifications or excuses for the crime.

23
Q

o Thomas sawyer

A

 Golf course groundskeeper; neighbor was raped and strangled to death
 Suffered from severe social anxiety; avoided eye contact and fidigted when questioned by police
 Made to believe he was the killer
 Police lied to him about failed polygraph
 Police told him he was drunk when he did it
 Confessed after being told hair matched

24
Q

o The most dangerous vulnerability is ____

A

youth

25
Q

o interrogation-related regulatory decline

A

o interrogation-related regulatory decline: the process of interrogation results in a breakdown of self-regulation — the ability to control our thoughts, emotions, and behaviors in pursuit of our goals. Interrogation techniques are designed to deplete our ability to self-regulate and to impair our ability to think rationally.

26
Q

o Interrogation leads to short sightedness:

A

a tendency to give priority to the short-term goals of escaping the interrogation room and appeasing the interrogators

27
Q

types of false confessions

A

instrumental–coerced, instrumental-voluntary, internalized-coerced, interlanized-voluntary

28
Q

o instrumental–coerced false confession

A

occurs when, as a result of a long or intense interrogation, the suspect confesses to a crime that he knows he did not commit. This is the most commonly identified type of false confession in criminal case

29
Q

o instrumental–voluntary false confession

A

occurs when a suspect knowingly implicates himself in a crime he did not commit in an effort to achieve some goal.

30
Q

o internalized–coerced false confession

A

occurs when, as a product of a long or intense interrogation, a suspect becomes convinced — at least temporarily — that he may have actually committed the crime.

31
Q

o internalized–voluntary false confession

A

occurs when someone suffering from delusions confesses to a crime with little or no pressure from interrogators

32
Q

o 1986, enactment of the Police and Criminal Evidence Act (PACE did what

A

made it illegal to trick suspects or lie about evidence as a means of inducing suspects to confess. All interviews with suspects conducted at police stations must be audio-recorded; Bullying, threats, and intimidation are not permitted, and police are required to call in an “appropriate adult” to witness the interview of any suspect who is deemed “vulnerable” (usually because of youth or low intelligence).

33
Q

 Guildford four

A
  • Fall of 1974
  • Irish army exploded bombs in an England pub
  • Paul hill signed a written confession incriminating Gerry conlon
  • There was no physical evidence, but the 4 ppl were sentenced to life
  • After 15 yrs, all four released.
  • Intimidation, isolation, and lies by interrogators influenced their confessions
34
Q

o The pace reforms ____ ___ harmed the ability of police

A

have not

35
Q

accusatorial interrogations

A

— the use of confrontation, accusations, and psychological manipulation to obtain a confession.

36
Q

o HUMINT interrogations

A

which are generally conducted by the military, the CIA, and the FBI; uncover information about people involved in terrorist networks, the power and communications structures of terrorist networks, and potential future attacks against the United States.

37
Q

o SUE (which stands for strategic use of evidence)

A

) emphasizes strategically withholding or revealing known evidence in ways that expose contradictions between a suspect’s claims and the available facts

38
Q

o PEACE model of interrogation

A

prep and planning
engage and explain
account
closure
evaluation

39
Q

PEACE prep and planning

A

This stage occurs prior to the interrogation and involves studying the case materials and developing a plan to guide the process.

40
Q

PEACE engage and explain

A

This stage includes building rapport with the suspect and providing an explanation of the interrogation procedure and its purpose.

41
Q

PEACE account

A

main information-gathering step. Specific techniques are used to elicit a full account of the crime from suspects who are actually guilty. Emphasis is on pointing out and challenging inconsistencies and contradictions in the suspect’s account of events.

42
Q

PEACE closure

A

the interrogator summarizes the account of the suspect to encourage further recall and disclosure. Follow-up procedures are clarified during this stage.

43
Q

PEACE evaluation

A

interrogators are encouraged to reflect on their performance and to seek feedback from colleagues.

44
Q

potential solutions to false confessions

A

video recording, requiring probable cause for interrogations, time limits, appropriate adult for vulnerable ppl, instructions to jury, and exert testimony

45
Q

o Exculpatory scenario

A

the interrogation strategy of offering justifications or excuses for committing the crime

46
Q

o the ruling by a judge that a confession is inadmissible in court because it was coerced is:

A

rare