The Trial Process II: Trial Issues Flashcards
(38 cards)
Who can be the trier of fact in a court?
The judge or the jury
Information in the case includes
- Testimony - exhibits - opening and closing statements - judicial instructions
Does the jury have to give a reason for a verdict?
no
Examination in chief
Examination by your own attorney
Cross-examination
Examination/questioning by opposing attorney
Name two vulnerable populations which might need special considerations in the court?
- Children - organised crime witnesses
How is the jury followed up following casting a guilty verdict in a capital case?
No follow up or therapy
Witnesses can only testify to what kind of evidence
sensory; as experienced by the witness themselves
Legal standard of experts
Involves three part test;
- The subject matter is complex beyond the understanding of the average person
- They must be qualified to speak on the issue
- Their must be scientific evidence of information presented by witness
Psychological Contribution - Experts
- Low level of public understanding or confusion about topic must be proven - academic qual - publication record
What four areas affect the decision making of juries?
- persuasion
- attitudes
- attributions of causality
- social cognition and decision making
Primary Attribution
When we are deciding on the cause of behaviour of others we have a tendency to make immediate judgements - explain others neg. behaviour through disposition and our own neg behav. through situational factors
Fundamental Attribution Error
people’s tendency to place an undue emphasis on internal characteristics to explain someone else’s behavior in a given situation, rather than considering external factors
Actor/Observer Bias
refers to a tendency to attribute one’s own actions to external causes, while attributing other people’s behaviors to internal causes
- Our pos behav - Dispositional
- Others pos behaviour - situational
- Our neg behav - Situational
- Others neg behav - dispositional
Old legal standard of insanity
- based on the McNaughton Ruling of 1848 - 3 elements: 1) defect of reason caused by disease of the mind 2) did not know what they were doing at the time 3) Inquiry carried out to determine whether defendant knew what they were doing
Modern legal standard of insanity
-at the time of the action - lack substantial capacity to appreciate his/her conduct as wrong due to mental disease or defunction
Psychological contributions to insanity
- assessment and ID of psychological disorders which pertain to the modern legal standard
What types of information about defendants regarding life events are allowed to be discussed?
- Culture - Subculture and personality
Which types of information about defendants reg. life events aren’t allowed to be discussed?
Lifestyle
Cultural information
- Tarasoff case - Foreign student killed gf in california and it was argued that his cultural was influential - judge decided this was admissable in court
Subcultural information
Alexander & Murdoch - difficult childhood defence
Personality information
Cavallo - Rape profile test
Lifestyle information
Not accepted as evidence in court, Zamorra tried this as a defence for murder (used to violent TV) - courts ruled that lifestyle is something people have control over and therefore it is not something that can be admitted
Victims and witnesses reliability of testimony is dependant on
- weapons focus effect - identification procedures - memory and lying and interview protocols used
