The Trial Process II: Trial Issues Flashcards Preview

Intro to Forensic Psychology > The Trial Process II: Trial Issues > Flashcards

Flashcards in The Trial Process II: Trial Issues Deck (38):
1

Who can be the trier of fact in a court?

The judge or the jury

2

Information in the case includes

- Testimony - exhibits - opening and closing statements - judicial instructions

3

Does the jury have to give a reason for a verdict?

no

4

Examination in chief

Examination by your own attorney

5

Cross-examination

Examination/questioning by opposing attorney

6

Name two vulnerable populations which might need special considerations in the court?

- Children - organised crime witnesses

7

How is the jury followed up following casting a guilty verdict in a capital case?

No follow up or therapy

8

Witnesses can only testify to what kind of evidence

sensory; as experienced by the witness themselves

9

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

10

Psychological Contribution - Experts

- Low level of public understanding or confusion about topic must be proven - academic qual - publication record

11

What four areas affect the decision making of juries?

- persuasion
- attitudes
- attributions of causality
- social cognition and decision making

12

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

13

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

14

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

15

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

16

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

17

Psychological contributions to insanity

- assessment and ID of psychological disorders which pertain to the modern legal standard

18

What types of information about defendants regarding life events are allowed to be discussed?

- Culture - Subculture and personality

19

Which types of information about defendants reg. life events aren't allowed to be discussed?

Lifestyle

20

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

21

Subcultural information

Alexander & Murdoch - difficult childhood defence

22

Personality information

Cavallo - Rape profile test

23

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

24

Victims and witnesses reliability of testimony is dependant on

- weapons focus effect - identification procedures - memory and lying and interview protocols used

25

Cognitive Interview

Most common interview protocol - cognitively return individual to the context of the event - do not bias them ask objective questions - and remain neutral

26

Head vs Heart Strategy

The attorney will aim presentation at the head (reasoning and cognition) or the heart (emotion) based on a number of factors

27

Factors affecting choice of head or heart strategy

Does the case contain more emotional content = heart
- Is the trier of fact the judge? (head) jury? (either - based on personality
- Jury demographic (profession
- Defendant/victim appeal - is the victim appealing (heart) if not (head)

28

Name the 6 tactics attorneys employ in presenting information

- use of vivid language
-loaded questions
-repetition
-subtle shifts in wording
-definition tactics
- establishing/disrupting connections in the stories being told

29

Loaded Questions

- planting a scene/information e.g 'did you see the BROKEN WINDOW when you walked in?'
- Based on cognitive psych principles - phrasing of question

30

Vivid language

- Input vias - social cog model
- jurors give more cog weight to vivid infor

31

Subtle shifts in wording

cog and soc
- Subtle impact on meaning of sentence
e.g 'sit with her' vs 'sit near her'

32

Repetition

Cog & soc
-mere exposure effect

33

Definitions

- Words/images to 'assist' the jurors with how to define ambiguous concepts

34

-Establishing/disrupting narrative flow

- Assist jurors to see story in smooth narrative OR disrupt narrative

35

Juror Instructions Legal Standard

Provided by presiding magistrate at the conclusion of presentation of evidence - meant to provide jury with
- framework to guide deliberations/decisions (least likely understood)
-Clarification of legal terms
-Summary of evidence (most likely to be understood)

36

Psychological contributions to juror instructions

- Timing of instructions - comprehension of instructions - nullification instructions

37

Timing of instructions for jurors

Cog research shows importance of pre-task instructions; would be better to have instructions at start of proceedings rather than end

38

Nullification Instructions

- Research indicates the inclusion of a nullification instruction impacts decisions especially cases involving controversial social issues