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Flashcards in Test 2 Deck (69):

What is the encoding stage of memory

When you perceive and pay attention to details in your environment


What is short term memory/storage

Limited capacity


What is long-term memory or retrieval

Information from long-term memory can be accessed to retrieved as needed


What is recall memory

Reporting details of a previously witnessed event or person


What is recognition memory

Determining whether a previously seen item or person is the same as what is currently being viewed


What are the three different methods of studying eyewitness issues

Archival data - such as a police report
Naturalistic environments - by examining witnesses at a crime scene
Laboratory simulations


What are estimator variables

Variables that are present at the time of the crime and that cannot be changed


What are system variables

Variables that can be manipulated to increase or decrease eyewitness accuracy


What are the three general dependent variables used in eyewitness studies

Recall of the event
Recall of the perpetrator
Recognition of the culprit


What is open ended recall/free narrative

Witnesses are asked to re-count what they witnessed without being prompted


What is direct question recall

Witnesses are asked specific questions about the event


How might a police officer impede an interview process

Interrupting witnesses during free recall, asking questions not relevant to what the witness is currently describing, asking short specific questions which may not get at critical information


What is the miss information effect (also known as post-event information effect)

Occurs when a witness is provided with inaccurate information about an event after it is witnessed and incorporates the misinformation in there later recall


What is an example of explicit misinformation effect

Did the person carrying the hammer walk or run out of the store (when a screwdriver was present instead of a hammer)


Example of implicit misinformation effect

Did you see the hammer (when no hammer was present)


What is The misinformation acceptance hypothesis

Explanation for the misinformation effect where the incorrect information is provided because the witness guesses what the officer or experimenter wants the response to be


Source misattribution hypothesis

Explanation for the miss information effect where the witness has two memories the original and the misinformation however the witness cannot remember where each memory originated or the source of each


Memory impairment hypothesis

Explanation for the misinformation effect where the original memory is replaced with the new incorrect information


Eyewitness recall - 3

Hypnosis - able to retrieve memories that are otherwise inaccessible provides more details but are just as likely to be inaccurate as accurate
The cognitive interview - reinstating the context, reporting everything, reversing order, changing perspective
Enhance cognitive interview - rapport building, supportive interviewer behavior, transfer of control, focused retrieval, witness compatible questioning


What are the five factors to consider when assessing the validity of a recovered memory

Age of the complainant at the time of abuse
Techniques used to recover memories
Consistency of reports across interview sessions
Motivation for recall
Time elapsed since the alleged abuse


What are foils or distractors

Lineup members who are known to be innocent for the crime


What is a target present lineup

A lineup that contains the culprit


What is a target absent lineup

A lineup that does not contain the culprit but rather an innocent suspect


What is relative judgment

Comparing lineup members to one another and choosing the one who looks most like culprit


What is absolute judgment

Each member of the lineup is compared to the witnesses memory


What is a walk by

Conducted in a natural environment the witnesses escorted to an area the suspect is likely to be maybe useful if no photo of the suspect is available


What is a show up

Only the suspect is shown to the witness has been criticized is biased because the witness knows the person to play suspect


What is simultaneous lineup

A common lineup procedure that present all lineup members at one time to the witness


What is sequential lineup

Members are presented one at a time must decide if it is or is not the criminal before seen another photo or person encourages the witness to make absolute judgment. Reduces the likelihood that incorrect identification will be made with a target absent lineup.


What is a fair lineup

It is important that a lineup remain fair that character six of the suspect do not stand out from those of the foils gender and race should match up features that the witness mentioned should match up.


What is a biased lineup

Line up that suggests who the police suspect and thereby who the witness should identify


What is foil bias

The suspect is the only lineup member matches the description of the culprit


What it's clothing bias

The suspect is the only lineup member wearing similar clothing to that worn by the culprit


What is instruction bias

The police failed to mention to the witness that the culprit may not be present rather the place imply that the culprit is present and that the witness should pick him or her out


What are three factors that increase correct voice identification

Length of the voice sample
Distinctiveness of the voice
Viewing the culprits face when the incident was witnessed


What are four factors that decrease correct voice identification

Placing the culprits voice near the end of the lineup
Using a large number of foils
Unfamiliar accents


Estimator variables - age

Young and older adults are equally able to correctly identify a culprit from a target present lineup however older adults are more likely to incorrectly identify someone from a target absent lineup


Estimator variables - race

Cross race of fact witnesses are able to remember the faces of their own raised more accurately than faces of other races.
May happen because of attitude, physiognomic homogeneity and interracial contact


Estimator variables - weapon focus
Cue-utilization hypothesis
Unusualness hypothesis

The witness well remembered less about the crime and culprit when a weapon is used than when there is no weapon.
CU: when emotional arousal increases attentional capacity decreases
U: weapons are unusual and thus attracts witnesses attention


3 points of contention for eyewitness testimony

Applicability of laboratory simulations to real life situations
Reliability of results across studies commonsense of research findings


Four guidelines that have been developed to aid in reducing inaccurate lineup identification

The person who conducts the lineup should not be aware of who the suspect is
eyewitnesses should be informed the culprit may not be present in the lineup
The suspect should not be distinct and characteristics that the witness reported or other factors that would draw attention to the suspect
A clear statement regarding the witnesses confident should be taken at the time of the identification


What is the broad-based approach for jury selection

Traits and attitudes that are believed to impact the verdict are assessed in potential jurors
Provides lawyers with knowledge about the type of person to try to screen out
Assessed through questionnaires given to jurors or during the voir dire


What is the case specific approach when choosing a jury

Develop a specific questionnaire regarding the issues and facts of the case
Questionnaires are administered to jury pool in the community
Responses are used to develop a profile of the ideal juror
Lawyers then ask prospective jurors questions to assess if they fit the profile


What is representativeness injury selection

A jury composition that represents a community where the crime occurred


What are the three methods for increasing the likelihood of an impartial jury

Change of venue - moving a trial to a community other than the one in which the crime occurred
Challenge for cause - an option to reject biased jurors


What is jury nullification

Occurs when a jury ignores the law and the evidence rendering a verdict based on some other criteria


Four ways to study juror and jury behavior

Posttrial interviews
Archival records
Simulation techniques
Field studies


What is the decision-making mathematical model

Jerry decision-making is a set of mental calculations.
Wheat is assigned to each piece of evidence - jurors do not often do this


Explanation decision-making model

Suggests evidence is organized into a coherent whole


What are the three criteria for the fitness standards in r v. Prichard?

Whether the defendant is mute of malice
Whether the defendant can plead to the indictment
Whether the defendant has sufficient cognitive capacity to understand the trial proceedings


The defendant is unfit to stand trial if she or he is according to s. 2 of the criminal code 1992:

Unable on account of mental disorder to conduct a defense at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so and in particular unable to account of mental disorder to
A) understand the nature or objects of the proceedings
B) understand the possible consequences of the proceedings
C) communicate with counsel


Who can and cannot assess fitness

Can not: psychologists
Can: medical practitioners in psychiatry or experience with forensic populations


A court has the authority to stay the proceedings for defendant who is unlikely to become that if any of the following are true

Did accused is unlikely ever to become fit
The accused does not pose a significant threat to the safety of the public
The stay of proceedings is in the interest of the proper administration of justice


What is insanity

Impairment of mental or emotional functioning that affects perception beliefs and motivations at the time of the offense.


What are the two primary British cases that shaped the current standard of insanity in Canada - criminal lunatics act 3 elements

James Hadfield - criminal lunatics act
McNaughton 3 elements:
A defendant must be found to be suffering from a defective reason or disease of the mind
Hey defendant must not know the nature and quality of the act he or she is performing
A defendant must not know that what he or she was doing is wrong


Bill C 30 1992 3 changes were enacted:

not criminally responsible on account of mental disorder
No person is criminally responsible for an act committed or an omission made about suffering from a mental disorder that rendered the person in capable of appreciating the nature and quality of the act or omission or knowing that it was wrong
Review boards were created


What did the Supreme Court of Canada find in winko versus British Columbia

A defendant who is not criminally responsible on account of mental disorder should only be detained if he or she poses a criminal threat to the public otherwise they should receive an absolute discharge


What are the two situations in which the crown may raise an issue of insanity

Following a guilty verdict if they believe that a defendant require psychiatric treatment and mental facility is best suited for the defendants needs
If the defense states that the defendant has a mental illness the crown can then argue it


The five steps of assessing insanity with the Rogers criminal responsibility assessment scales

Patient reliability
Cognitive control
Behavioral control


Dispositions that are made by the court are reviewed by a review board within 90 days some information that the review board takes into account includes

Charge information
Trial transcript
Criminal history
Risk assessment
Clinical history
Psychological testing
Hospitals recommendation


What is automatism

Unconscious or involuntary behavior such that the person committing the act is not aware of what here she is doing


Two different kinds of automatism:

Insane: involuntary action that occurs because of a mental disorder
Non-insane: involuntary behavior that occurs because of an external factor


Canadian courts recognize defenses of non-Insane automatism in the following circumstances:

A physical blow
Physical ailments
Carbon monoxide poisoning


How do not criminally responsible due to mental disorder and automatism differ?

NCRMD - sent to mental health facility
Non-insane automatism - successful = not guilty and released
Insane automatism - NCRMD ruling


What are the two options police have been dealing with someone who is mentally ill

They may bring the individual to hospital mental health facility or they may charge and arrest the individual


What are some treatment goals identified for those with mental disorders

Symptom reduction decreased length of stay in the facility no need to be readmitted to the hospital


Types of facilities at which mentally disordered offenders can receive treatment

Psychiatric institutions
General Hospital's
Assisted housing units


What are the two key treatment options for someone with a mental disorder

Antipsychotic drugs and behavior therapy


What are the four main objectives of a mental health court

To divert accused him of been charged with minor to moderate a serious criminal offenses and offer them an alternative
To facilitate evaluation of defendants fitness to stand trial
To ensure treatment for defendants mental disorder
To decrease the cycle that mentally disordered offenders experience by becoming repeat offenders