Exam 2 - Lecture's 12 Flashcards

1
Q

_________ juries critiqued more than _________ juries

A
  • Civil

- criminal

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2
Q

Civil juries make TWO decisions:

  • Whether defendant is liable or _________ for alleged harm
  • Whether injured party should receive _________ to compensate for losses and whether defendant should be punished (damages)
A
  • responsible

- money

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3
Q

_________ juries make TWO decisions:

  • Whether defendant is liable or responsible for alleged harm
  • Whether injured party should receive money to compensate for losses and whether defendant should be punished (_________)
A
  • Civil

- damages

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4
Q

Civil juries make TWO decisions:

  • Whether defendant is liable or responsible for alleged _________
  • Whether injured party should receive money to compensate for losses and whether defendant should be _________ (damages)
A
  • harm

- punished

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5
Q

-Jury Research-

_________ (social influence, conformity, small-group behavior)

A

Social psychology

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6
Q

-Jury Research-

_________ (persuasion, decision-making, information processing)

A

Cognitive psychology

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7
Q

_________ -

Central theme of legal psychology

A

-Jury Research

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8
Q

-Jury Research-

Focuses on two main issues:

  • Are juries _________ enough to make the decisions asked of them?
  • Are juries biased and _________
A
  • competent

- prejudiced

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9
Q

3 Major Areas of Jury Research:

  • Theories of _________ Making
  • Expert Testimony & Jurors
  • Pre-Trial _________
A
  • Decision

- Publicity

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10
Q

3 Major Areas of Jury Research:

  • Theories of Decision Making
  • Expert _________
  • Pre-Trial Publicity
A

Testimony & Jurors

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11
Q

-Theories of Decision-Making-

Legal System’s implicit theory:

  • Withhold _________ (non-bias, withholding opinion)
  • No passion or prejudice
  • Weigh _________ (utilitarian) [look at each piece independently from other evidence]
A
  • Judgment

- Evidence

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12
Q

-Theories of Decision-Making-

Legal System’s _________ theory:

  • Withhold Judgment (non-bias, withholding opinion)
  • No _________ or prejudice
  • Weigh Evidence (utilitarian) [look at each piece independently from other evidence]
A
  • implicit

- passion

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13
Q

-Theories of Decision-Making-

_________ (Pennington, Hastie, & Penrod)

  • Active building and ever-changing story
  • Incorporates biases and views
  • Best story wins
A

Story Model Theory

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14
Q

-Theories of Decision-Making-

Story Model Theory (Pennington, Hastie, & Penrod)

  • Active _________ and ever-changing story
  • Incorporates biases and views
  • Best _________ wins
A
  • building

- story

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15
Q

-Theories of Decision-Making-

Story Model Theory-

Evaluating the evidence through story construction

  • 3 kinds of info used (differing interpretations lead to different stories)
    • _________
  • -Real-world knowledge
  • -Their own generic _________ (schemata)
A
  • Evidence

- experiences

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16
Q

-Theories of Decision-Making-

Coherence Theory (Simon, 2001)-

  • General Ideas behind Coherence:
  • -Bi-_________
  • Interconnectedness of evidence
  • -Shifting of ambiguous to _________
A
  • directionality

- polarized

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17
Q

-Theories of Decision-Making-

Coherence Theory (Simon, 2001)-

  • General Ideas behind Coherence:
  • -Bi-directionality
  • Interconnectedness of _________
  • -Shifting of _________ to polarized
A
  • evidence

- ambiguous

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18
Q

-Theories of Decision-Making-

Coherence Methodology:

  • Rate unrelated, neutral _________
  • Act as a judge in the Quest case
  • Render a _________
  • Rate the attorneys arguments (functionally identical to the earlier vignettes!)
A
  • vignettes

- verdict

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19
Q

-Theories of Decision-Making-

Coherence Methodology:

  • Rate unrelated, neutral vignettes
  • Act as a _________ in the Quest case
  • Render a verdict
  • Rate the attorneys _________ (functionally identical to the earlier vignettes!)
A
  • judge

- arguments

20
Q

Decision Making Theories:

_________ (Eagly & Chaiken)-

Central Processing – when listening you are listening to the content [more cognitive load]

Peripheral Processing (problematic*) – tone of voice, do they sound confident etc. [_________ features]

A
  • Dual-Process Theory

- superficial

21
Q

Decision Making Theories:

Dual-Process Theory (Eagly & Chaiken)-

_________ – when listening you are listening to the content [more cognitive load]

_________ – tone of voice, do they sound confident etc. [superficial features]

A
  • Central Processing

- Peripheral Processing (problematic*)

22
Q

Decision Making Theories:

Dual-Process Theory (Eagly & Chaiken)-

Central Processing – when listening you are listening to the _________ [more cognitive load]

Peripheral Processing (problematic*) – tone of _________, do they sound confident etc. [superficial features]

A
  • content

- voice

23
Q

Decision Making Theories:

Dual-Process Theory (Eagly & Chaiken)-

Central Processing – when listening you are listening to the content [more _________ load]

Peripheral Processing (problematic*) – tone of voice, do they sound _________ etc. [superficial features]

A
  • cognitive

- confident

24
Q

When cognitive resources are full in _________ processing we fall to _________ processing
(jurors more often defer to _________ processing)

A
  • central
  • peripheral
  • peripheral
25
Q

Group Dynamics:

_________ :
If a jury begins deliberations with an 8 to 4 majority there is a strong probability the majority will prevail.

A

Majorities prevail

26
Q

Group Dynamics:

_________ :
Evenly split juries where half of jurors favor “guilty” and half of jurors favor “not guilty” usually end in “not guilty” verdict.
Easier to prove reasonable doubt than to remove nearly all doubt.

A

Leniency bias

27
Q

Group Dynamics:

Unanimous vs. Majority Rule-

  • Majority spend more time voting and less time talking about the _________
  • Majority juries more _________ (normative influence)
A
  • evidence

- intimidating

28
Q

Majority Rule – enough in a _________ trial

A

Civil

29
Q

_________ – Suggests 3 safeguards

-Judges as gatekeepers
-Cross-Examination
-Opposing Expert Testimony
Do they work?

A

Daubert

30
Q

Daubert – Suggests 3 safeguards

-Judges as _________
-Cross-Examination
- _________ Expert Testimony
Do they work?

A
  • gatekeepers

- Opposing

31
Q

Daubert – Suggests 3 safeguards

-Judges as gatekeepers
- _________
-Opposing Expert Testimony
Do they work?

A

Cross-Examination

32
Q

Opposing Experts

Regardless of whether expert actually addressed method – having one increased skepticism and increased _________ verdicts

A

guilty

33
Q

Juries-

  • Only attending to _________ cues
  • More junk science admitted after _________
A
  • peripheral

- Daubert

34
Q

Extralegal information:

  • Info about defendant’s _________ (priors)
  • Defendant’s appearance
  • _________ (newspaper, TV, etc.)
A
  • background

- Media

35
Q

Can juries DISREGARD inadmissible evidence/information?

Most research says: _________

A

NO!

36
Q

Pretrial Publicity-

  • Source of possible _________
  • PTP usually has a “pro-prosecution slant”
  • PTP can include _________ evidence
A
  • prejudice

- inadmissible

37
Q

Research: People exposed to more news coverage of a crime are more likely to presume _________

A

guilt

38
Q

Pretrial Publicity: Instructions to disregard

  • Not _________ (Kerr, 1994)
  • PTP is especially strong when information is received via _________ (not radio) and when coverage is _________ arousing
A
  • effective
  • television
  • emotionally
39
Q

_________ : Jurors MORE likely to convict when judge gave explanation as to why info should be disregarded (Pickel, 1995)

A

Boomerang Effect

40
Q

Boomerang effect: More likely to not disregard info when asked to _________ it

A

disregard

41
Q

Inadmissible Evidence:

Reactance Theory:

  • Threaten jurors’ _________ to consider all evidence they want (You can’t tell me what to do, I’ll do want I want)
  • May respond in ways to restore their sense of _________ freedom
A
  • freedom

- decision-making

42
Q

Inadmissible Evidence:

_________ :

  • Threaten jurors’ freedom to consider all evidence they want (You can’t tell me what to do, I’ll do want I want)
  • May respond in ways to restore their sense of decision-making freedom
A

Reactance Theory

43
Q

Inadmissible Evidence:

Juries want to use all the evidence available, even if it was collected illegally or _________ or not “legally” relevant

“Can’t unring a bell”

A

-coerced

44
Q

_________ – Hide their biases for $$$, fame or revenge (against companies).

A

“Stealth jurors”

45
Q

_________ -

Jurors will distort evidence evaluation in the direction that supports their verdict

A

Predecisional Distortion