EXAM Flashcards

(75 cards)

1
Q

Dahmer

A

Tried in 1992
Killed 17 men
Cannibalism
Defense tried to claim insanity - used ALI, found to be responsible

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2
Q

Archival Research to Study Jury Decision Making

A

Includes records of trials, transcripts, police interviews

High external validity

Weakness: inability to establish cause and effect, restricted data, unaware of reliability of data

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3
Q

Simulation Techniques to Study Jury Decision Making

A

Simulate a trial and have participants answer questions individually or as a group (can manipulate IV to see effects)

High internal validity

Low external validity

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4
Q

Field Study to Study Jury Decision Making

A

Use of actual jurors participating in jury duty

High external validity

Low internal validity (cause and effect, comparison group)

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5
Q

Representative Jury

A

A jury which represents the community

Random selection
All members have chance to participate
Reflect ideas and beliefs about community

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6
Q

Right to a Jury

A

Summary Offense - Judge Alone

Indictable Offense - Judge Alone (Less serious), Judge and Jury (Highly serious), Choice (Unlisted)

Hybrid - Judge Alone (Summary), Judge and Jury (Indictable)

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7
Q

Interviews with Jury to study Jury Decision Making

A

In Canada jurors can’t discuss what occurs in deliberation so have to go to the U.S.

High external validity

Weaknesses: Unreliable accounts, can’t establish cause and effect

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8
Q

Jury Comprehension Aids

A

Note-Taking - serves as memory aid and to help understand evidence through accord record of trial

Question Asking - neither particularly helpful nor harmful in trial

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9
Q

Summary Offenses

A

Tried by Judge Alone (No right to a jury)

Involve sentence fewer than 6 months and fine less than $2000

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10
Q

Factors which influence Jury Decision Making

A
Trial Evidence
Comprehension
Beliefs
Jury Size
Attitudes
Decision Rule
Presence of Expert Witnesses
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11
Q

Hybrid Offenses

A

Cross between summary and indictable

Indictable (Judge and Jury) - max. 5 years in jail

Summary (Judge Alone) - max. 6 or 18 months in jail

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12
Q

Indictable Offenses

A

Less Serious (Judge Alone) - Theft, breaching probation, deceit

Highly Serious (Judge and Jury) - Murder, treason, piracy

Unlisted (Choice) - Robbery, sexual assault with a weapon

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13
Q

Explanation Model of Jury Decision Making

A

Suggests that evidence is organized into a coherent whole

Realistic and intuitively appealing
Not precise or testable

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14
Q

Story Model of Jury Decision Making

A

Jurors organize information into a story
Judge provides relevant law and verdict options
Jurors find best fit between story and verdict

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15
Q

Mathematical Model of Jury Decision Making

A

View jurors as conducting a set of mental calculations regarding importance and strength of each piece of evidence

Precise and Testable
Not intuitively appealing or realistic

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16
Q

Challenge for Cause

A

Option to eject biased jurors

Must demonstrate partiality in community

Prospective jurors are probed with a set of pre-determined questions approved by the judge to examine jurors state of mind or thinking

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17
Q

Change of Venue

A

Moving trial to another community away from crime

Must demonstrate reasonable likelihood that community is biased or prejudice (Pretrial publicity, heinous crime, small community)

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18
Q

Adjournment

A

Delaying trial until some time in the future to allow for sufficient time to pass so that biasing effects of any pretrial information has dissipated

Issue: witnesses forget, move, or die

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19
Q

Sources of Juror Bias - Interest Prejudice

A

Direct interest or involvement in case (ex. related to victim)

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20
Q

Sources of Juror Bias - Specific Prejudicial

A

Specific attitude about case in questions (ex. prejudice against defendant)

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21
Q

Sources of Juror Bias - Generic Prejudice

A

Specific beliefs about people/crime related to case (ex. racist in case with black defendant)

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22
Q

Sources of Juror Bias - Normative Prejudice

A

Community sentiment affects opinion of case (ex. fans of sports athlete)

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23
Q

Impartial Jury

A

Unbiased Jury Characteristics

Attitudinal (Prejudice) - set aside pre-existing biases, prejudice, or attitudes

Behavioral (Discrimination) - Must ignore information not part of evidence

No connection to defendant/victim

Threats: Emotion, Media Coverage

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24
Q

Functions of a Jury

A
Not Sentencing
Increase knowledge of justice system
Act as conscience for community
Use wisdom of 12 rather than 1
Protect against outdated laws
Apply law to admissible evidence and render verdict
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25
Presumptions of Impartiality in Canada
Limits on pretrial publicity Limits on discussion by jurors 12 person jury (cancel out biases) Reminders about sworn oaths
26
Fitness to Stand Trial
Current Mental State: Understand nature of or object to proceedings Understand possible consequences Communicate with counsel Assessed by psychiatrist - FIT-R or MacCAT
27
Defining Fitness
Is the accused able to assist in his defense? Does the accused understand their role in the proceedings? Does the accused understand the nature/consequences of the proceedings?
28
FIT-R
Identify Mental Disorder (Fitness) Semi-Structured interview Covers main fitness standards: Understanding of proceedings, communicative with counsel, understanding of consequences
29
Defining Responsibility
M'Naghten Standard - Cognitive Irresistible Impulse Test - Volitional ALI Standard - Cognitive/Volitional (Dahmer) Guilty But Mentally Ill NCRMD - Canada
30
MacCAT-CA
Fitness to go to trial and plead guilty Structured interview Understanding of legal system, situation and circumstances, reasoning ability
31
R-CRAS
Identifies Insanity Rogers Criminal Responsibility Scale Organicity Psychopathology Cognitive/Behavioral Control Reliability (deceit, coaching)
32
MSE
Identifies Non-Insanity Mental Status Examination Psychological history, Mental state at time of offense, current mental status
33
NCRMD Treatment
Primary - Medication A defendant found NCRMD should be detained (Forensic Hospital) only if they pose a threat to the public otherwise they should receive Absolute Discharge or Conditional Discharge
34
NCRMD
Mental state at time of crime Retrospective assessment done on state of mind Assessment order can take 30-60 days (R-CRAS, MSE) Only defense can raise issue unless verdict of guilty has been handed down
35
Goals of Sentencing
``` Denunciation Specific Deterrent General Deterrent Incapacitation (separate from society) Rehabilitation Reparation (repayment) Promote Responsibility ```
36
Principles of Sentencing
Must be proportionate to gravity of offense Must be proportionate to responsibility of offender Should not deprive of liberty Sentences for similar crimes should be similar Sanctions other than imprisonment should be considered Criminal record should play a role
37
Sentencing Options
``` Absolute Discharge Conditional Discharge Reparation Fines Community Service Conditional Sentence (community) Imprisonment ```
38
Unwarranted Sentencing Disparity
Variations in sentencing patterns due to influence of factors not legally relevant to case
39
Systematic Disparity
Consistent disagreement among judges about sentencing decisions Due to: differences in judges views, personality, experience
40
Unsystematic Disparity
Inconsistency in a single judges decisions on similar cases | Due to: judge's mood, irrelevant stimuli, interpretation that day
41
Death Penalty
Canada - abolished 1976/1999 USA - Permitted in 38 states ``` Arguments Against: Does not act as deterrent Expensive Biased Handed down to innocent ```
42
Public Attitudes on Sentencing
Feel offenders are treated too leniently Little confidence in CJS Support alternative sentencing options
43
Parole
Conditional release into community Attempt to rehabilitate offenders Community supervision
44
Types of Parole - Temporary Absence
Enter community on temporary bases (class, counseling, etc.)
45
Types of Parole - Day Parole
Enter community for a day (community activities, hold down job, etc.)
46
Types of Parole - Full Parole
Serve rest of sentence in community under supervision (assessment to determine recidivism)
47
Types of Parole - Statutory Release
Mandatory release after two-thirds of sentence (supervised, recidivism assessed)
48
Effect Size
Degree to which Treatment and Comparison group differ (reducing recidivism) ``` + = Lower recidivism for Treatment group - = lower recidivism for Comparison group ``` Ex. +0.9 = Treatment group shows highly reduced recidivism
49
Metal-Analysis
Statistical aggregation of the results derived from many independent studies in order to integrate findings to find an effect size
50
Need Principle
Intervention should target Criminogenic Needs Dynamic attributes associated with recidivism - can be changed through intervention, targeting these needs affects probability of recidivism: Antisocial attitudes, personality, behavior, and peers Education Substance Use
51
Risk Principle
Correctional interventions should target offenders who are at high risk to re-offend
52
Responsivity Principle
Delivering treatment programs in a style and mode matched to the ability and learning style of the offender and their personality General Responsivity - based on general knowledge of offenders Specific Responsivity - based on individual differences
53
Responsivity Results
Show that meeting responsivity in treatment programs is the most effective way to reduce recidivism rates
54
'What Works' Carleton University Meta-Analysis
Higher risk clients must be targeted Criminogenic needs must be included in treatment Adherence to responsivity advised Adherence to ECT principles reduces re-offending Non-residential setting reduce recidivism Effective workers must be relied on
55
Risk Assessment
Used for prediction and management of risk Informs: sentencing, classification, treatment, parole, supervision, release conditions Goals: Improve accuracy, consistency, and transparency
56
Risk Prediction
Assesses risk factors and whether people will commit future violence
57
Risk Management
Focuses on identifying treatment to manage and reduce risk factors and prevent re-offending
58
Static Risk Factors
Factors that do NOT change over time and are not affected by treatment Can be reliability measured and are very predictive (convenient and frequently used) Examples: Demographic variables, History of Criminal Behavior or mental illness
59
Dynamic Risk Factors
Factors which change over time and can be changed with treatment Less convenient and reliable in risk assessment so not used as frequently
60
Stable Dynamic Risk Factors
Persistent, change slowly Examples: criminal attitudes, coping ability, impulse control
61
Acute Dynamic Risk Factors
Rapidly fluctuating Examples: Intoxication, mood
62
Big Four Risk Factors
Criminal History Personality Attitudes Peers
63
Unstructured Clinical Judgement
Decisions based on professional discretion with no guidelines or pre-defined rules Subjectively select, analyze, and interpret risk factors Adv. Idiographic, Flexible Dis. Inconsistent, Low Accuracy
64
Actuarial Tools
Decisions based on risk factors that selected and combined based on empirical or statistical association with specific outcome (statistical model) Ex. VRAG Adv. Consistent, High Accuracy Dis. Nomothetic, Validity across samples
65
Structured Professional Judgement
Decisions guided by pre-determined list of risk factors selected from research, final decision determined based on clinical judgement Ex. HRC-20 Adv. Flexible, Nomothetic-Idiographic Dis. Moderate accuracy, less consistent
66
Measuring Predictive Accuracy - ROC Analysis
Receiver Operating Characteristics Used for measuring accuracy of risk assessment by examining false positive and true positives across decision thresholds
67
Measuring Predictive Accuracy - AUC
Area Under Curve Reflects predictive accuracy 0.50 (chance) to 1.00 (perfect accuracy) Independent of specific thresholds or cut-offs Not impacted by base rates or prevalence
68
Interpersonal Features of Psychopathy
Glib/Superficially charming Grandiose, inflated self-worth Manipulative
69
Affective Features of Psychopathy
Shallow emotions Lack of Guilt Callous
70
Lifestyle Features of Psychopathy
Impulsive Irresponsible Poor anger control Criminal Behaviors
71
Psychopathy
Personality Disorder defined by a collection of interpersonal, affective, and behavioral characteristics including: manipulation, lack of empathy or remorse, impulsivity, and antisocial behaviors
72
Psychopathy Base Rates
``` 90% of serial killers 1% of population 10-25% of prisoners 44% of police killers 20% male prisoners 14% female prisoners ```
73
PCL-R
Hare Psychopathy Checklist 20 items scored on 3-point scale Totals from 0 to 40 Low scores - reactive murders High scores - Instrumental murders
74
Lexical Decision Task
Examines disconnect between emotional and neutral words Non-Psychopaths quicker in reaction time to emotional content Psychopaths no difference in reaction time (brain scans imply they perform task in a superficial manner)
75
Startle Blink
Examines reflexes when something unexpected occurs (neutral, pleasant, unpleasant) Non-Psychopaths - increased blinks to unpleasant Psychopaths - Decreased blinks to unpleasant