midterm Flashcards
(21 cards)
3 events that led to the formulation of Legal Psychology:
- Hugo Munsterberg 1906: Wrote a book about using psychology science on improving jury and judges’ decision making
- Brandeis Brief 1907: Opened the door for social science to be used in legal context
- Brown v. Board 1954: cited social science in their arguments. Opened door for more social scientist to provide insight.
What are the two pathways to influence the legal system?
Expert Witness: value to jurors decided by judge
Amicus Briefs
Daubert safeguard
o Guidelines to assess scientific validity
o Testability of theory/technique
o Science has been peer-reviewed
o Known error rate
o Generally, acceptance of conclusion by the scientific community
The rules of expert were set by the judge, experts witness cannot take away the job of jury away. They cannot rely just on what the expert said.
Is Daubert a good safe guard
Studies have found that judges: do not know what good science is, do not possess scientific literacy required, most do not know meaning of “error rate”-
Reid & Associates Claims
false confessions are “rare” and 99.6% of confessions are true and correct
Innocence project
False confessions are not a rare phenomenon.
Data suggest that this is not a rare phenomena at all and the consequences are detrimental to those confessing.
Average interrogation length, average = 16.4 hours
Drizen and Leo
documented 125 proven false confessions
81% of those going to trial were convicted based on false confession evidence. Most retract their confession because they are away from circumstance
Psychological research on interrogations & confessions
1) interrogations are coercive by nature
2) modern techniques can lead innocent people to falsely confess
3) some individuals are particularly susceptible to these techniques
4) juries fail to sufficiently weight situational factors & discount evidence of coercion
“Reid” Technique
Most influential technique in police approach today
There is an important distinct between the pre-interrogation interview and the interrogation.
Interrogation Conditions
Isolation (remove from familiar)
Confrontation: affirm guilt (evidence plays real/fabricated)
Exculpatory Scenarios (excuses) promising leniency for a confession is illegal (implicit or explicit)
Minimization/maximization tactics
Memory
is constructive you take pieces of events and later you put it back together (filled in but does not look the same)
Reasons for poor original memory
Environmental factors Cross-racial factors stress/fear attention to assailants/appearance fatigue darkness
Environmental (poor original memory)
Lighting:
Day: phototropic operates in normal well lit conditions
Night: Scotopic operates under conditions of dim illumination cant resolve fine detail, cant see color
Event duration
Frequency
Distance
people often over estimate duration of event.
frequency doesn’t compensate for poor lighting
Distance: longer = poor ability to see
Reasons for a Poor Original Memory: Witness
Stress:
Expectations: a type of schema that we have about the world operates physiological component.
Perception is partly determined by expectation
Weapon Focus effect
: victims’ eyes will be focused on eyes. Attention grabbing details. Not just in terms of weapon, can be numerous things that are attention grabbing. We have limited attention span, visual field and auditory. The things that are unexpected will be accurate.
Alcohol
In general, alcohol interferes with encoding and storing (so the theory says) Alcohol effects the hippocampus where the main pieces of information come to stored.
Complex relationship/alcohol
alcohol myopia is the idea that when you are intoxicated what happens is that feeling of things not being clear they focus on salient things
Age
In general, when looking at groups of people and statically remove everything else; younger children and older adults are less accurate, more error prone and more suggestible
Cross-Race identification
Most of us have greater difficulty identifying members of other races than same-race members = They all look alike phenomenon
4 rules for eyewitness identification
blind lineup administrators
bias reducing instructions to eyewitnesses
unbiased lineups
confidence ratings