Exam 3 Flashcards
(54 cards)
What is the background of eyewitness testimony?
estimated 4500 innocent people are convicted each year because of mistaken eyewitness ID
What is Unconscious transference?
- refers to the creation of memory that is related to an incident, but is not relevant to that actual incident. (other influences on transference include stress, the physical condition of the witness, suggestive ID procedures, and conformity).
- Buckhout: expert, research on perception and memory suggests any eyewitness reports should be evaluated cautiously and skeptically.
What is the cognitive interview?
- CI. Is an example of a prime system variable allowing for accurate eyewitness statements.
- incorporates the social-psychological aspects of face to face verbal interaction with what psychologist knew about the way people remember things.
- facilitates the exchange of info between the witness and interviewer through effective communication.
- interviewer can then probe for details using open ended questions and follow up to clarify what the witness has said.
Describe a simultaneously-presented lineup.
- in a typical lineup, the eyewitness sees the suspect and the foils simultaneously
- eyewitness will make a relative judgement (even if the actual suspect is not shown, a positive ID will be made because someone in the group will look most like the culprit).
Describe a sequentially-presented lineup
- a situation in which the members of the line up are presented sequentially, one at a time.
- eyewitness compares each member to their memory of the perpetrator and decides whether any person in the lineup is the suspect. This is absolutely judgment process
What is Voir Dire?
- the lawyers for each side survey the jury regarding knowledge about sources of eyewitness unreliability. Ability of jurors to differentiate accurate from inaccurate eyewitnesses. & the probabilistic nature of perception, storage, and retrieval of information.
What is an expert witness?
- Expert witness may be asked to comment on reliability of eyewitness testimony, the construction and composition of lineups and many other topics.
- should be prepared to discuss the strengths and weaknesses of the data on which they baes their opinion.
what is a cross-examination? (of an expert witness)
- cross-examination is the means by which opposing counsel will attach the expert witness’s assessments and opinions to the greatest extent possible.
- the most commonly implemented safeguard against erroneous conviction resulting from mistaken ID. (attorney should first read the deposition taken of the expert witness in the case & should research whether the expert witness has published any documents that may contradict his opinion in the case at hand)
When it comes to the importance placed on eyewitness testimony, jurors _____
often change their verdict as a result
What are the 3 different perspectives of confessions?
Religion, psychotherapy and criminal law.
Confessions in perspective: religion
confession in religion is a mechanism by which adherents acknowledge and disclose their transgressions. Purposes are to cleanse the individual’s soul and to deter future wrongdoing in the religious community.
Confessions in perspective: psychotherapy
The idea that expressing feelings is healing and restorative, while bottling up or suppressing them is unhealthy, because a widely held belief in certain periods of psychological thought.
It is still common for psychologists to provide relief to patients by having them talk about and “relive” previously suppressed hurt and traumas.
Confessions in perspective: criminal law
American courts have developed guidelines for the admission of confession evidence at trial.
In any case with disputed confession, a preliminary hearing is held so that a judge can determine whether the confession was voluntary and, thereby, admissible as evidence.
What is interrogative suggestibility?
Individuals are more prone to false confessions due to social isolation and high anxiety levels during interrogations, generalized poor self-esteem, unassertiveness, and especially low levels of intelligence.
What is the rational choice theory?
posits the same suspects falsely confess because interrogations convince them that confessing is the most rational choice.
Can occur when suspect believes that the police have strong evidence and that confessing is the only way to avoid severe punishment.
What is the Miranda Case?
A person questioned while in custody must be warned of their civil rights (anything can be used against them in a court of law, entitled to a lawyer, & an attorney will be appointed if one cannot be afforded)
Ernesto Miranda, the original Miranda Case suspect, ended up having his confession __
overturned by the court
What are the different types of competencies?
- Competency to make a contract
- Competency to make a will
- Competency to decide regarding treatment
- Competency in he criminal justice system
Competency to make a contract
for a contract to be valid and enforceable the parties must be capable of understanding their mutual obligations.
(minors are deemed by the law to have a diminished capacity to contract)
Competency to make a will
wills are contested after the person’s death and a forensic autopsy determines capacity when the will was signed. Requires a careful review of medical, psychiatric, nursing home, pharmacy, and other relevant records to reconstruct mental state prior to death.
Competency to decide regarding treatment
informed consent is the process by which a fully informed patient can participate in choices about his/her health care. Understanding proposed intervention, risk and benefits of the intervention and the patient’s knowledge of the proposed treatment. Much be competent for consent to be valid.
*Cohen et al. (2004) depressed subjects were 6 times more likely to decline participation in a pharm., trial and 1.4 times more likely to decline participation in a functional neuroimaging study.
Competency in he criminal justice system
in criminal cases, the capacity to comprehend legal proceedings, communicate with an attorney, and to understand and wave certain rights, are the issues that determine competency.
What is parens patriae authority?
The state’s authority operates as the guardian of all those who cannot care for themselves.
What are the constitutional issues and standards of care?
- Right to liberty
- Right to safety
- Right to treatment
- Right to a least restrictive alternative