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2021 EXAM REVISION > PSYCH AND CRIM JUSTICE > Flashcards

PSYCH AND CRIM JUSTICE Flashcards

1
Q

How could psych contribute to family law? EWP

A

Examines experiences within the court system.
◦ What is in the BIC.
◦ Perceptions of fairness in relation to child support

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2
Q

Fresh vs. New evidence

A

Fresh evidence- evidence which is discovered after the verdict that could not have been available at trial.

New evidence- evidence which was available to the accused or which the accused could reasonably have been expected to produce at the trial.

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3
Q

Theoretical framework for psych and crim justice

A

As a discipline, psychology is mainly concerned with the scientific study of human behaviour.
By scientific, we mean that “we ask precise questions, and… we test our ideas through systematic observation”

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4
Q

Eyewitness testimony

A

persuasive + unreliable

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5
Q

Explain misidentification

A

Misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing.

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6
Q

Reliability - context of EWT

A

The identification of the accused would be reliable when the accused is consistently identified as the perpetrator of the crime (Thomson, 1996).

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7
Q

Validity - context of EWT

A

In the context of EWT- An identification is valid when it is “made from the witnesses memory of the offender at the time of the event, and not on the basis of extraneous factors” (Thomson, 1996, p12).

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8
Q

What is ecological validity?

A

Ecological validity refers to the extent to which the findings of research are able to be generalisable to real-life settings.

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9
Q

What is attributional bias

A

Recall may be influenced by our schemas - lead to stereotypes

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10
Q

What are schemas

A

Cognitive systems that help organise and make sense of info

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11
Q

Stereotypes

A

generalisations about members of social groups

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12
Q

Allport & Postman (1947)

A

Black vs white man (holding razor -white)
Descriptions of drawings passed around
RESULTS: The final description of the drawing had changed so that the black man was described as holding the razor in more than 50% of instances.

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13
Q

3 stages of Human memory model

A
  • Encoding (attending to information).
  • Storage (time between observation & recall). ◦
  • Retrieval (recalling stored information).
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14
Q

2 types of eyewitness research

A

◦ Estimator variables.

◦ System variables.

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15
Q

Estimator variables

A

occur at the time of encoding and storing information and influence what is actually encoded and/or stored.

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16
Q

2 categories of estimator for ENCODING

A 
Event factors (lighting conditons, violence levels)
Witness factors (stress,age)
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17
Q

2 categories of estimator for STORAGE

A

Delay and Interference (increases over time, more = increase forgetting)

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18
Q

System variables

A

Influence retrieval ability (eg. line up, methods of questioning)

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19
Q

Laughery, Alexander & Lane (1971)

A
  • Recognition of human faces based on exposure time
  • short duration: 4 slides-2.5secs
    long: 10 secs
    Longer event observed = more accurate identification
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20
Q

Witness factors

A

Characteristics of witness = reliability

Alcohol + drugs

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21
Q

Loftus (1979) on Expectations

A

Expectations are biases that influence how we perceive environmental information

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22
Q

4 types of expectations (Loftus, 1979) - MECP

A

◦ Momentary expectations.
◦ Cultural expectations.
◦ Expectations from past experience.
◦ Personal prejudices.

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23
Q

Perceptual expertise theory

A

Increased exposure to people from our own race means we become good at processing facial features from our own race.
Process own race = configural manner (2 features at time)
other races = feature based (one feature at time)

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24
Q

Social cognitive theory

A

People process and encode OTHER race, category-specific and collectively, compared to OWN race identity-specific and individually
Think everyone from diff race look alike, own race = look same

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25
Q

Yerkes - Dodson Law (1908)

A

There is an optimal level of stress where performance is at its best - any stress above or below this point will interfere with performance”

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26
Q

What level of stress is best

A

Moderate levels

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27
Q

Christianson & Loftus (1978) - memory

A

Traumatic condition better to recall central details (type of incident) and less able to recall peripheral details
taxi example - hit vs. not hit child

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28
Q

Emotional arousal (Loftus & Burns, 1982)

A 
Bank robbery (violent vs.non-violent)
Witnesses of the non-violent simulation were more likely to recall the ‘critical item’ than witnesses of the violent simulation.
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29
Q

Post event info studies - Ceci, ross & toglia (1987) -

A

misleading info on children asking kids about who Loren who had a headache OR was just sick (unbiased)

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30
Q

Co-witness discussion

A

Paterson & Kemp (2006)
In survey research in Australia, Patterson and Kemp (2006) showed 86% of witnesses discussed the crime they observed, only to ensure they could provide information.

Skagerberg & Wright (2008)
In equivalent research, Skagerberg and Wright (2008) showed, 58% of witnesses discussed the crime and the most common topics discussed were crime and perpetrator details.

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31
Q

Paterson & Kemp - advice to police

A

to seperate witnesses to avoid co-witness discussion

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32
Q

LOFTUS AND PALMER (1974) - Language use

A

Car example (smashed, hit bump etc.) Loftus & Palmer (1974)

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33
Q

Most effective method of implanting implausible memories?

A

Fake photos

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34
Q

What factors influence susceptibility to post-event info

A 
Cognitive factors
  - paid attention
   -expectations 
social factors 
    - credibility of source
    - power and social attractiveness of source
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35
Q

What cognitive mechanisms cause memory impairment from post-event info

A

Memory co-existence hypothesis : Suggests people have 2 memories in the memory system (1 for the original event and 1 for post event information). As post event information is stored last, it is more likely to be retrieved first.

Memory over-riding hypothesis : Suggests that post event information completely over-rides the original memory, thereby creating a completely new memory.

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36
Q

What is source misattribution theory

A
  • Failure to attribute retrieved information to the correct source
  • Can result in confusion differentiating between the details of different events
  • Big issue with children where there are multiple instances of an offence.
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37
Q

Factors that may result in suggestive or unfair identification parades

A
  • Expectation
  • ## Lineup bias (clothing, instruction bias, presentation, investigator etc.)
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38
Q

What did Malpass & Devine (1981) study?

A

Assessing the degree to which biased instructions cause misidentifications.

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39
Q

What is a blank lineup?

A

A blank line up is an initial lineup that does not contain the person of interest
The purpose is to screen out witnesses who are most susceptible to making relative judgements-

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40
Q

Sequential lineups?

A

Person conducting the lineup does not know which member is the person of interest

  • Members of the lineup are presented individually and once only
  • purpose: unable to compare the different members of the lineup to one another. Forced to compare each member of the lineup to their memory of the perpetrator.
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41
Q

Context reinstatement

A

Research shows that when context is altered, individuals are less able to accurately recall stored information.
Based on the encoding specificity principle developed by Tulving and Thomson (1986).

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42
Q

Lindsay & Bellinger (1999) - sequential lineups

A

Sequential lineups are very sensitive to any changes in process,

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43
Q

Steblay et al (2001) and line ups

A

Concluded that sequential lineups are superior to simultaneous lineups.
Simultaneous lineups increase the number of accurate identifications when the perpetrator is present.

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44
Q

Two stages of pre-trial confrontation

A

Investigatory stage

Evidentiary stage

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45
Q

Explain the Police and Criminal Evidence (PACE) Act (1984)

A

Search for the truth

Approach investigations with open mind

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46
Q

What does PEACE stand for (Interviewing)

A 
Preparation and planning
Engage and explain
Account 
Closure
Evaluation
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47
Q

Explain cognitive interview

A

A set of techniques used to increase the amount of accurate information obtained from a witness.

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48
Q

Current research on efficacy of cognitive interview

A

increases amount of correct, incorrect and confabulated info gathered

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49
Q

Koenken (1999) find relating to cognitive interviews

A

◦ 41% more correct details than the standard interview.

◦ 25% more incorrect details than the standard interview.

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50
Q

How many tiers in interview training

A

Five

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51
Q

Interviewing in Australia: What were the Impetus in England and wales & then in Australia

A

England: Number of widely publicised miscarriages of justice
Australia: Awareness of international improvements

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52
Q

When were principles of investigative interviewing introduced in WA

A

2009

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53
Q

Process of interrogation

A 
Question & answer
2 objectives: 
- obtaining relevant and accurate info
- gaining a confession
These two objectives can work against each other
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54
Q

What is confession

A

Person admits guilt for an offence

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55
Q

False confession

A

Occurs when an innocent person admits guilt for an offence that he or she did not commit

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56
Q

3 psychologically distinct types of false confessions (VCC)

A

◦ Voluntary false confessions.
◦ Coerced-compliant false confessions.
◦ Coerced-internalised false confessions.

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57
Q

Voluntary false confession

A

Provided by a person without any external pressure by the police

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58
Q

Coerced-Compliant False confessions

A

Police want to build case - pressure on suspect

59
Q

Coerced-Internalised False Confession

A

occur because a suspect complies with a persuasive authority figure - suspect question their memory

60
Q

Other pressures for a false confession

A

Interviewers expectations

61
Q

two aims of interrogation

A

Obtain a confession

gather evidence

62
Q

Contextual factors influencing outcome of interrogation

A

Anxiety experienced
Environment
emotional state of suspect
presumption of guilt

63
Q

Two models of interrogation techniques

A

Step model of effective interrogation. ◦ Conversation management.

64
Q

What did Inbau, Reid and Buckley (1986) do for interrogation

A

Provided most influential work

9 steps to effective interrogation

65
Q

What is maximisation (interrogation)

A
  • non-emotional suspects
  • “frightening the suspect into a confession by exaggerating the strength of evidence…and the seriousness of the offence”
66
Q

Minimisation (interrogation)

A
  • Emotional suspects

- “suspect into a confession by offering sympathy, and minimising the seriousness of charges”

67
Q

How to prevent false confessions

A
  • pressure and trickery
  • record interviews
  • solicitors
68
Q

What is conversation management

A

Developed by Eric Shepard (1983)

69
Q

Children as vulnerable witnesses

A

Children under 12 can give sworn evidence - must be competent
Evidence Act section 106A

70
Q

Children - unsworn evidence

A

Child under 12 and mentally impairment can give evidence without oath

71
Q

Piagets theory of cognitive development

A

Sensorimotor: Birth -2
Pre-operational: 2-7
Concrete operational: 7-11
Formal operational: 12- adulthood

72
Q

Kohlbergs moral development

A

Level 1 - Pre-conventional morality
- Stage 1 – Avoidance of punishment
◦ Stage 2 – Self interest and concern with others needs.

Level 2 – Conventional Morality
◦ Stage 3 – Desire for approval from others.
◦ Stage 4 – Concern for law and order.

Level 3 – Post-Conventional Morality
◦ Stage 5 – Concern for the larger community.
◦ Stage 6 – Personal conscience and ethical principles.

73
Q

Cognitive development and children/ justice system

A

Experience is vital
Cognitive devel. stages parallel with moral
It is not until the formal operational stage that hypothetical and abstract reasoning skills develop.

74
Q

Language development - language errors in children

A
  • Not knowing a word.
    ◦ Confusing an unfamiliar legal term with a more familiar non-legal term (called an auditory discrimination error). For examples, confusing jury with jewelry.
    ◦ Providing an incorrect definition of the word in a non-legal context.
75
Q

Linguistic development and age

A

3-5: only understand one or two syllables
6-9: expressive verbal skills still underdeveloped
10-12: still lack descriptive adjectives
Linguistic skills develops with age

76
Q

Complexity of Language and Children

A

Until 10 -> children dont understand legal terms

77
Q

Ericson and Perlman (2001) and comprehensionn

A

Ericson and Perlman (2001) investigated the comprehension of 34 legal terms –> adults with mild developmental disabilities.

findings: Did not understand legal terms

78
Q

Saywitz, Saywitz, Jaenicke and Caparo (1990)

A

compared the ability of 5, 8 and 11 year olds to accurately define a list of 35 legal terms.

Younger = less recollection of accurate words

79
Q

Misleading questions

A

distort memories of an event: leading questions etc.

80
Q

Suggestibility - Ceci and Bruck (1993)

A

“the degree to which an individuals encoding, storage, retrieval, and reporting of events, can be influenced by a range of social and psychological factors.”

81
Q

Ceci, Ross and Toglia (1987) suggestbility study

A

Found children presented with unbiased info = accuracy of recall higher
Pre-school children only impacted by biased condition

82
Q

5 universal findings from suggestibility and children research

A

◦ Misleading questions can distort a child’s memory for the event.
◦ The complexity of language used in the interview may influence the reliability of
information obtained.
◦ Children often comply with the wishes of authority figures.
◦ Children’s semantic knowledge is different to an adults which might lead to different inferences being drawn from a witnessed event.
◦ Children are sometimes unable to distinguish fact from fantasy.

83
Q

Compliance to authority

A

Children often comply to wishes of authority figures

repetitive questions for example - kids assume need to change answer

84
Q

Difference in semantic knowledge

A

Children don’t have as much factual (semantic) knowledge as adults because they haven’t had the opportunity to experience or be exposed to as many different things in life.

85
Q

Fact + fantasy

A

children are sometimes unable to distinguish fact from fantasy - Harris, Brown, Marriott, Whittal and Harmer (1991). Kids believed imaginary character could become real

86
Q

What is deception

A

Tredoux (2019) defines “deception as the deliberate act of conveying false information.”

87
Q

Type of lies

A

Falsification
Distortions
Exaggerations
Concealed

88
Q

Theoretical approach to research on lies - Leakage hypothesis

A

◦ When you try to deceive someone, the deception leaks into physiological and behavioural changes

89
Q

Theoretical approach to research on lies - Reality monitoring

A

If memories are based on real experiences they will contain more “contextual, sensory, and semantic information; conversely, untruthful accounts are similar to imagined experiences, being marked more strongly by inner cognitive states.”
Ie. lies have more internal than external detail

90
Q

What are beliefs and methods

A

typically guide behaviour

  1. surveys
  2. controlled lab based studies
91
Q

What can conclude from collective body of research on lying?

A

The collective body of research indicates that experts and lay people use very similar cues when determining if someone is lying or not.

92
Q

Lie detection methods

A

Analysing speech
Measuring physiological responses
observing behaviour

93
Q

What is statement validity analysis

A
  1. Semi Structured Interview is conducted.
  2. Criteria Based Content Analysis.
  3. Validity analysis.
94
Q

Example of physiological measure for lying

A

Polygraph (heart rate, blood pressure, breathing, galvanic skin response - sweating)

Many different types of polygraph tests exist : ◦ Comparison Question Test (CQT)
◦ Guilt Knowledge Test (GKT).

95
Q

Comparison Question Test (CQT)

A

compares responses to relevant questions with responses to control questions.

96
Q

Guilt Knowledge Test (GKT).

A

determines if a suspect has knowledge about an aspect of a crime that he/she does not want to disclose

97
Q

Cues (verbal vs. non-verbal for detecting lying)

A

For non-verbal cues:
◦ Liars tend to speak with a higher pitched voice.

For verbal cues:
◦ Liars stories sound less plausible.
◦ Stories include less detail (visual, auditory, spatial)

98
Q

Where things could have gone wrong with Scott Austic case (wrongful conviction)

A

Policing:
Tunnel vision (what does the research say about this) Confirmatory bias
5KIs (what KI was missed- robust analysis of forensic materials) Misconduct?
Jury:
Understanding of expert testimony about forensic evidence i.e., Pathologist

99
Q

What do the WA police operate under for questioning and detaining suspects

A

the Criminal Investigation Act

100
Q

key elements of the due process?

A 
Notice 
Publicity  - 'public matters'
Standards of proof 
Evidence and rules guiding evidence 
Impartiality 
Trial by jury
Avenues for appeal
101
Q

Where are trials held

A
  • The lowest level of court is the Magistrates Court.
  • The next level of court in Australia is the District Court.
  • The Supreme Court is the next level of Court in Australia.
102
Q

Court vs. civil trials

A

Court: The burden of proof is placed on the prosecution and the standard of proof is
“beyond reasonable doubt.”

Civil: the burden of proof rests with the plaintiff, and the standard of proof is on “the balance of probabilities”

103
Q

How many people in a jury

A

12

104
Q

Challenging jurors

A

Both prosecution and defence can challenge any juror if the juror is not eligible.
A juror will be challenged because the defence and the prosecution counsel wish to manipulate the composition of a jury.

105
Q

Hastie et al. (1983)- Examined differences in unanimous versus majority juries.

A

◦ Unanimous juries are more likely to hang
◦ Unanimous juries take longer to examine the evidence
◦ Juror satisfaction is higher in unanimous juries
◦ Jurors with minority views are more likely to be heard in unanimous juries

106
Q

Methods of jury research

A

Case studies
Ecological validity YES
Internal Validity- NO

Mock jury studies
Ecological validity NO
Internal YES

Shadow jury studies
Ecological validity - YES, Internal - NO

Post-deliberation studies
Ecological validity - YES
Internal - NO

107
Q

What are legal variables

A

Aspects associated with the case
◦ Matters related to jury functioning such as size, judicial instructions, decision
rules
◦ Case type, strength of evidence
◦ All aspects of juror interaction during deliberation

108
Q

What are extra-legal variables

A

Aspects not relevant to the case that should have no probative value
◦ Individual difference variables in relation to all parties to proceedings such as gender, age, personality traits.

109
Q

Legal decisions: Judicial instructions

A

Degree to which jurors understand the instructions given by the judge.

110
Q

What is inadmissible evidence

A

Inadmissible evidence is information not formally admitted into evidence
- Judges may rule evidence inadmissible if they believe the jury wont be able to evaluate it appropriately or will likely to become confused by it.

111
Q

What is the indictment

A

The document containing the written charges against the accused

112
Q

What is the joinder of charges and offenders

A
  • This means 2 or more people are charged with committing separate indictable offences in that same indictment.
  • These people are tried together.
113
Q

3 sources of prejudice in a joined trial recognised by the courts

A

◦ Confusing evidence amongst charges.
◦ Accumulation of evidence across charges.
◦ Inferences that are subsequently drawn about the accused’s character.

114
Q

Joinder of charges and offenders: Confusion

A

Facts relating to one charge were used to substantiate another charge. Jurors confuse evidence among charges and accused persons.

115
Q

Joinder of charges and offenders: Accumulation

A

◦ The accused is more likely to be convicted of all charges. ◦ All accused persons are more likely to be convicted.
◦ The prosecution evidence is perceived to be stronger.

116
Q

Joinder of charges and offenders: Character

A

The accused is less favourable

117
Q

What is pretrial publicity

A

Pretrial publicity is a particular type of inadmissible evidence (E.g., Television, newspapers, the Internet and social media

  • exposure to this increases guilty verdicts (Steblay, 1999)
118
Q

Findings on pretrial publicity on actual juror research

A

Jurors remember the information, but cannot remember where it came from.

119
Q

Strength of evidence

A

Encompasses the quantity and quality of information presented for the prosecution and defence.
Mock jury studies involve systematic manipulation of factors. Field studies involve observation of naturally occurring factors.

120
Q

What is expert testimony?

A

Expert testimony is often delivered concerning a particular scientific, technical or specialised area. It is provided by an individual on the basis of training, experience and knowledge.

121
Q

3 outcomes of impact of expert testimony

A
  • Juror sensitivity to witnessing and identification conditions
    – Juror confusion
    – Juror scepticism
122
Q

What did Cutler, Penrod and Dexter find? (expert testimony)

A

“The results provide justification for expert testimony in eyewitness cases. Without such testimony, jurors appear unknowledgeable of eyewitness problems.
Furthermore, there is no evidence to suggest a skepticism effect”
- provided for sensitivity effect

123
Q

Defendant characteristics

A

Socioeconomic factors

Attractiveness

124
Q

What are stereotypes

A

“sets of beliefs and expectations about certain members of a group, held
simply on the basis of their membership in the group”

125
Q

Pennington & Hasties (1986) model of decision making

A

Story model describes three stages of decision making:
◦ Story construction,
◦ Verdict representation and
◦ Story classification.

126
Q

What is story construction

A 
jurors actively make sense of trial information and shape it into a coherent account.
Most acceptable is picked based on 
◦ Coverage
◦ Coherence 
◦ Completeness
127
Q

What is verdict representation

A

This stage occurs when jurors are presented with alternative verdict decisions.
These are derived from judges instructions on law, but can be influenced by prior knowledge.

128
Q

What is story classification

A

jurors consider judges procedural instructions (e.g., presumption of innocence, requirement for proof)
Then they seek the best match between the accepted story and alternative verdict decisions.

129
Q

Pre-decisional distortion (Carlson and russo 2001)

A

Jurors hold a single dominant story that best accounts for trial information.

130
Q

Source monitoring errors

A

Source monitoring refers to the decision processes associated with determining the origins of information.

131
Q

Types of source monitoring errors

A

External. Errors in the attribution of externally retrieved sources

Internal. Errors in the attribution of internally retrieved sources

Internal-external, external-internal. Errors in the attribution of internal retrieved sources to externally retrieved sources or vice versa

In context - Jurors mistakenly identifying information that has not been formally admitted into evidence as being derived from the trial.

132
Q

Three stages of deliberation (OOR)

A
  1. Orientation. Jurors discuss procedures and raise general trial issues
  2. Open conflict. Jurors attempt to persuade their fellow jurors to reach a verdict
  3. Reconciliation. Juries attempt to ensure that each juror is satisfied with the verdict
133
Q

Evidence versus Verdict driven juries

A
  • Evidence driven juries are more vigorous in their examination of the evidence.
  • Verdict driven juries reach decisions faster, rate their task as less serious and feel less satisfied with their contribution.
134
Q

Two roles of judiciary in CJS

A

When an accused person nominates to have their trial heard by a judge alone - the judge will be required to determine guilt or innocence.
- Responsible for sentencing

135
Q

Retribution

A

Fundamental principle that offenders must be punished

136
Q

Deterrence

A

Punishment should deter people from committing crime.

Specific deterrence. Reduction in the likelihood of people reoffending

General deterrence. Reduction in the likelihood of people offending in the first instance

137
Q

Confinement

A

Punishment should take offenders out of circulation

138
Q

Rehabilitation

A

Offered as a separate justification for the punishment of offenders
Effective treatment is required to reduce the likelihood of people reoffending

139
Q

Restorative justice

A

Offered as an alternative to the ‘punishment’ of offenders

Aims to restore relations between the offender, the victim and the community

140
Q

Sentencing principles: Proportionality

A

Matching sentencing to crime

141
Q

Sentencing principles: Parsimony

A

Imposition of the minimum appropriate sentence

142
Q

Sentencing principles: Totality

A

Imposition of an appropriate overall sentence

143
Q

Sentencing principles: Consistency

A

Similar treatment of similar cases

144
Q

Sentencing principles: Individualised justice

A

Consideration of all relevant matters

2021 EXAM REVISION (6 decks)

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