Exam 3 Flashcards

(47 cards)

1
Q

How is a polygraph examination conducted?

A
  • Measures physiological responses when asked series of questions by an examiner
  • Small electrode placed on the finger
  • Fastened tubes around torso
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2
Q

What is the Galvanic skin response?

A

Electrical responses based on sweat
Measured by how fast electricity passes through fingers

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3
Q

What are strengths of polygraph examinations?

A
  • Non-invasive
  • Quick results
  • Affordable
  • Accessible
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4
Q

What are weaknesses of polygraph examinations?

A
  • Can be inaccurate
  • Individuals can sometimes control their breathing
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5
Q

What kind of questions are asked in a polygraph examination?

A
  • Control questions to establish individual’s natural physiological responses in conversation
  • Questions relevant to purpose of examination
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6
Q

What is the accuracy of polygraph tests?

A

Accurate 80-90% of the time

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7
Q

What are polygraph examinations trying to measure?

A

Truthfulness
* Fight or flight responses
* Blood pressure
* Heart rate
* Respiration

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8
Q

Are polygraph results admissible in court?

A

No, unless the defendant confessed during a polygraph
* Examiner can testify about interviewing the defendant but cannot mention that it occurred during a polygraph

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9
Q

According to the research of Ekman’s classic studies, how accurate are people at detecting deception?

A
  • Average person: accurate apprx. 58% of the time (slightly better than chance)
  • Ability to detect deceit is not limited to specific situations or contexts
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10
Q

According to the research of Ekman’s classic studies, can anyone detect deception? If so, what is the central feature of those who can detect deception?

A
  • Most people are not skilled at detecting deception, but some are better at it than others
  • Central feature: Ability to recognize emotional and facial expressions over a short period of time
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11
Q

What are reasons why people are poor at detecting deception?

A
  • Low stakes lies do not produce consistent behavioral cues associated with lying
  • High stakes lies emit micro-expressions that are hard to detect
  • Most people are not exposed to people who tell high stakes lies, so they never learn the cues associated with deception
  • False-memories (witnesses)
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12
Q

What is a low stakes lie?

A
  • “Small” lies that people attribute little consequence to
  • Often thought of as justified to the person doing it
  • Uncommonly planned in advance
  • Low levels of stress reported when low stakes lies are told
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13
Q

What is a high stakes lie?

A
  • Big lies with serious consequences
  • Often lies about transgressions
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14
Q

What is a micro-expression?

A

Minor involuntary facial movements that unconsciously display a concealed emotion
* Often misinterpreted/overlooked

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15
Q

What role do micro-expressions play in detecting deception?

A

Concealed emotions can be conveyed through micro-expressions

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16
Q

How is a micro-expression different from a normal expression?

A
  • Normal expressions: 0.5 - 4 seconds, easily detected, match conversation content and tone
  • Micro-expressions: <0.5 seconds, occur unconsciously, hard to detect
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17
Q

According to lecture, why do people lie?

A
  • Personal gain
  • Personal convenience
  • Avoid punishment
  • Self-protection
  • Self-preservational reasons
  • Protection of others’ feelings
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18
Q

Is there any one occupation where people have been found to be good at detecting deception?

A

Secret Service members have been found to have good accuracy (64%)

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19
Q

What is the brain finger printing method for detecting deception?

A
  • Measures stimuli and patterns in the brain
  • Brain, or Murmur, waves indicate familiarity (P-30)
  • Used and funded by FBI, CIA, and Navy
  • Admissible in court
20
Q

How does the jury honor specific values and principles we hold in American Society?

A
  • Respects human beings by giving defendants presumption of innocence
  • Values democracy by using representative groups of society to make decisions
  • Considers matters of guilt or innocence as serious
  • Believes convicting an innocent person is worse than letting a guilty party to go free
  • Gives each defendant his/her constitutional right to a fair trial of his/her peers (6th Amendment)
21
Q

What are some of the ways that we can improve the accuracy of the jury system?

A
  • Use Juror Orientation Videotapes to educate juries
  • Use professional jurors
  • Teach jurors better reasoning skills
  • Control the effects of pre-trial publicity on jurors
  • Stop jurors from researching case material and interacting with each other before deliberation
  • Have experts testify to help jurors understand their responsibilities
22
Q

Can using experts help jurors make better decisions?

A

Yes, when subject matter is beyond jurors’ common understanding and when the testimony is scientifically valid

23
Q

What did U.S. v. Ameral (1973) rule?

A

Expert testimony is admissible when:
* The subject matter is beyond the common understanding of the average juror
* The expert’s evidence is scientifically valid (Daubert test)
* The value of expert testimony that helps determine guilt/innocence outweighs the value of a jury being biased against a defendant

24
Q

What is a Daubert test?

A

Determines if scientific evidence is reliable and valid

25
What is a probative value of evidence?
Degree to which evidence is useful in proving the guilt or innocence of a defendant
26
What is a prejudicial value of evidence?
Extent to which evidence threatens the fairness of a trial, typically due to questionable relevancy
27
What are some problems with using experts in court?
* It is challenging to spot corrupt experts * Judicial knowledge of science is lacking * Jurors may over-believe the expert * Anchoring bias * Scientific testimony about generalized concepts can be too specific for the legal system and not helpful to individual defendants
28
Does the size of a jury matter in terms of the quality of jury decisions?
* Larger juries recall more facts of a case than smaller juries * Larger juries provide a better representation of the community * Larger juries have less conformity, allowing jurors to be more inclined to express their opinions * Larger juries have a lower probability of groupthink
29
What kind of cases do problems with jury size arise the most in?
Civil cases because most courts still use 12 jurors in criminal cases
30
How does jury selection work?
2 phases * **Venire**: A pool of potential jurors are selected using a random sampling of people with a driver's license, voter registration lists, and tax records * **Voir dire**: Potential jurors are interviewed by both attorneys that are looking for reasons to include or exclude individuals
31
What is the purpose of the venire phase of jury selection?
To get a representative sample of the community
32
What are two reasons people may be excluded from a jury?
* For Cause * Peremptory challenge
33
What is For Cause in jury exclusion?
Having an obvious form of bias
34
What is peremptory challenge in jury exclusion?
Attorney objects to the inclusion of a juror without a specific reason
35
Is the defense or prosecution usually given more peremptory challenges in jury selection?
Defense
36
What do trial consultants do?
* Help prepare a case to go to trial or to settle a case in mediation * Determine who attorneys want on a jury by figuring out a case theory
37
What is a case theory and how do trial consultants determine one?
The story a side wants to tell and the audience the story is being told to * Jury research/investigation
38
How can mock trial research be used to settle a case before trial in mediation?
It allows one side to show the other side the probability that they are at risk of losing the case and the consequences they may face
39
What are some problems with the trial consulting industry?
* Unregulated profession * American Society of Trial Consultants (ASTC) has little to no standards * Questionable fairness (more available to the wealthy)
40
What is mediation?
When both sides in a case come together to try to work the case out using a mediator (typically a lawyer) * Legally binding if agreement is reached
41
What was the first Supreme Court case on the jury size issue? What did it rule?
Williams v. Florida (1970) * No difference between a 6 and 12 person jury * Later disproven in future studies
42
Who controls the number and types of questions that may be asked in jury selection?
The judge
43
What is the guilty knowledge test?
Witness is provided with information only known to the guilty party, and brain waves are measured to indicate if the information is familiar to him or her
44
What are the stereotypes regarding indicators of lying?
* Minimized eye contact * Postural shifts * Increase in response latency, speech hesitations, and speech errors * Higher voice pitch * Decreased response length * Decreased smiling * Increased adaptor behavior
45
To what extent do the stereotypes regarding indicators of lying overlap with actual indicators of lying?
* Increased adaptor behavior * Decreased response length * Increased speech errors and hesitations * Increased pitch
46
What do psychologists think about the accuracy of polygraph examinations?
Many psychologists agree that there is little evidence that polygraph tests can accurately detect lies
47
What is an anchoring bias?
Tendency of jurors to rely too heavily on the first piece(s) of information received on a topic