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Psyc law midterm 1 > Midterm 2 > Flashcards

Midterm 2 Flashcards

1
Q

Slides (not animals)

A 
Free dandelions
The who
Mens Rea to abduct tomatoes
Wheelbarrow of pennies
Parking prob solving
EDNA
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2
Q

Slides (animals)

A 
Aussie w newspaper
Cat deep in thought
Pug standing trial
Border Collie wakeboarding
Dog w rope - risk
Cute puppy - dangerous
chihuahua vs lab danger
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3
Q

2 Reasons to have juries

A

Combat judge bias

Represent community

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4
Q

When do you have a right to trial?

A
  • Serious indictable, theft over $5k
  • Hybrid: eg. fraud under $5k, weapons, assault with harm, possession
  • Max is 5+ years
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5
Q

Pros and cons of jury trial

A

Pro: better chance or lawyer recommends
Con: emotion based verdict, slow, like judge

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6
Q

Who can serve on a jury?

A

Canada, resident, 18+

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7
Q

Who cannot serve on a jury?

A

In CJS, government, mentally or physically infirm

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8
Q

How many challenges under each type can the lawyers have?

A

Premptory: 12 in most cases, 20 for murder
Cause: 2 triers determine bias

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9
Q

What plays the biggest role in jurors decisions?

A

Evidence, except weak case or emotional (sex)

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10
Q

What should a juror be?

A
  • Impartial (Gillian guess),

- Representative (Steinke/Richardson change of venue)

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11
Q

Who has the power to ignore the law and nullify?

A

Jury

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12
Q

Issues for the jury in trial (3)

A
  • disregarding inadmissible
  • don’t understand legal jargon
  • verdict must be unanimous, otherwise hung
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13
Q

Defn of aggravating, mitigating, extenuation

A

Aggravating: during crime, increases guilt/enormity, adds to injurious consequence

Mitigating: circumstances in determining sentence

Extenuating: factors making crime seem less serious/motivated, more lenient sentence

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14
Q

Recall memory

A

retrieving details, cues help

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15
Q

Police interview format (3)

A

narrative
brief directed questions
open ended

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16
Q

Problems with police interview format

A

Misinformation effect - memory is reconstructive, can be influenced (Loftus words, presuppositions)

General issues: quantity, lack of avail descriptors, accuracy/anchoring

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17
Q

Explain misinformation effect

A
  • REMEMBER wrong, report wrong
  • SOURCE MISATTRIBUTION confused where info came from
  • memory IMPAIRMENT- misinfo replaces original
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18
Q

How to improve policy interview

A

Hypnosis - not allowed in court
Cog interview - 4 retreival techniques (
- reinstate context,
- report everything/threshold,
- recall in different order/sev. orders narrative,
-change perspectives
Other - show down, witness centered (enhanced cog), don’t form premature conclusions

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19
Q

Enhanced Cog Interview (5)

A 
Witness centred: 
form rapport
supportive interviewer behavior
transfer of control
focused retieval
witness compatible questioning
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20
Q

Recognition memory factors

A 
Estimator variables (weapons, race, age/gender)
System variables (line up procedures)
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21
Q

Estimator variables

A

Weapons: weapon focus effect, salience/unusualness
Race: own-race bias. Reasons: attitude, lack of contact, physiognomic homogeneity, culture/cues
Gender: id own age/sex better

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22
Q

Line up procedures factors

A

Bias: instruction, clothing of suspect, foil
Type of line up/judgement strategy: sequential (best) vs simultaneous, photo array vs in person
White paper rules: person conducting is unaware of suspect, witness told suspect may not be there, propitious heterogeneity, clear statement at time of ID
1 suspect in line only

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23
Q

White paper recommendations

A

use sequential, video lineup and eyewitness

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24
Q

Probative value of line up

A

of guilty suspects chosen/# of innocent suspects chosen

25
Profiling defn
ID of personality traits, behaviour tendencies, geographic location, biological traits of offender based on crime scene characteristics
26
Goals of profiling
narrow field of suspects, predict who/next occurance
27
Main criminal characteristics
Modus operandi/physical, Signature/reason and motive
28
Process (6)
Study of nature of crime and ppl who have commited Analysis of scene Analysis of victim background Police/autopsy report Develop profile, inclu ritualistic behavior Investigative suggestions
29
Org vs disorg and probs
planned vs spontaneous | probs: most scenes have both elements, ignores learning , MI/drugs can confound
30
ViCLAS based on 5 ideas
Based on interpersonal coherance, sig of place/time, chriminal charac (org/dis), criminal career, forensic awareness
31
Fitness defn
Must understand proceedings, best interests rule in defence
32
Dusky Standard (US)
Able to directly communicate w/lawyer: - capacity to understand process/implications - understand merits of defense strategies
33
Bill C30
Review board created, NCRMD wording
34
Goals of fitness for court
give court ability to determine, order treatment
35
Taylor revision to fitness
Best interests rule, 5 day eval limit, issue of fitness at different stages of trial
36
If unfit...
Court can halt proceedings until fit, attempt to restore through meds, stay if unlikely to ever be fit/doesn't pose threat/interest of justice
37
Insanity defense NCRMD
Removes responsibility - acquit
38
Other mental illness defenses
``` Guilty, but MI (get treeatment in prison) Mentally incompetent (delay trial) Diminished capacity (can't form criminal intent - reduce sentence or acquit) ```
39
McNaughton testof insanity
not knowing - delusions
40
C30 insanity
Winko: NCRMD conditional only if threat, otherwise acquity
41
Sucessful insanity defense sentence options
absolute or conditional dischage, mandates treatment in facility
42
What are the four factors determining discharge
public safety, current mental state, reintegration, other defendant needs
43
Review board stats
Affective disorder is most risk/most time in system 40%>10yrs Aboriginal - tests not normed, social factors, 70%>10yrs Sexual - 48%>10yrs, resistant to treatments, community won't accept, lower cog function
44
Bill 54 high risk offender
Can be labeled, no discharge, only court can lift
45
Automotism
unconscious, invol behavior, 2 forms: non-insane (not guilty), insane(NCRMD), judge decides
46
Goal of treatment of MI offenders
reintegration (reduce symptoms/length of stay/risk of recidivism)
47
Mental health courts
Minor MI crimes facilitate fitness, ensure treatment, decrease repeat Pos effect in recidivism, crimingenic needs
48
2 components of risk assessment
Prediction, Management
49
Civil criminal risk assessment
commit or form, child protection, immigration, school, duty to warn
50
Base rate problem, other problems with risk assessment
Not many cases to rely on in violent crimed, biased for white. Weakness in # of factors, how measured, how defined. Judgment errors: heuristics, illusory correlation, bse rates, rely on salience, overconfident judgment
51
Best assessment method
Actuarial: empirical, static risk factors, score comparison
52
Situational factors in risk assessment
free time, no prosocial community, no idea how to manage high risk situations, poor wor, ethic/unemployed
53
Farrington Theory of risk
low income, antisocial parents, attachment disruption, impulsive, neg events PLUS state, opportunity = impulsive criminnal behavior
54
Second best assessment method
Structured interview: predetermined list of risk factors, professional judgment. Sometimes combine factors and score.
55
Measurable risk factors
Lombroso - look | Static factors, dynamic factors, historical (sub abuse), dispositional (age/gender/personality), clinical, contextual
56
LSI-R
Compares gender F higher in temperament/personality but similar to men. F have more mental disorders and child victimization, less crime/recidivism
57
Aboriginal in system
4%/22% pop/offender
58
LSI-R for treating
Risk of Reoffending and treatment scale 14 targets for change are aimed at protective factors, Based on social learning model Client: need principle (understand change will result in no further crime); responsitivity (match officer style to offeder) Treatment: assess client factors, sociological criminal predictors, temperament/history, school/edu, relationships/support, behavior/substances, distress

Psyc law midterm 1 (2 decks)

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