Trials strategies and tactics

Question 1

What are three types of social influence?

Answer 1

Persuasion, compliance and dissuasion

Question 2

What do they mean by they are easier to change temporarily than the long term?

Answer 2

Temporary in the aspects of trial are typically more open to influence than those as jurors bring with them into courtroom, because these attitudes are novel, and because they are context driven,they are responsive to new information and new arguments than attitudes that are more general than nature. Stable attitudes are less likely to change

Question 3

What do they mean by these attitudes are more specific and therefore more predictive of beahviour?

Answer 3

Specificity refers to how narrow and precise an attitude is, for example, “I don’t believe that in the death penalty” is more predictive and precise than just saying “ I don’t believe in the death penalty”. Typically the behaviour and attitudes are congruent. High monitoring personality are less likely to be true to his beliefs than the with lower monitoring becuase he is more likely to pay attention to social context

Question 4

What do they mean by legal restrictions discourage juror from allowing feelings and beliefs that are directly not directly related to the case and their decision?

Answer 4

The examples of racial tolerance does not work

Question 5

What is central route processing?

Answer 5

Persuasion occurs because targets have examined the main arguments presented with persuader, compared them with their own knowledge, and found them to be compelling and logical.

Question 6

What is peripheral route processing?

Answer 6

Evaluate decision relevant information do not process deeply, called heuristic, and the example could be the judge thinks of suspect has guilty look

Question 7

Who is influenced by the trials tactics?

Answer 7

Triers of fact, witnesses

Question 8

What is the definition of persuasion?

Answer 8

lawyers try to persuade jurors to agree with their version
of events.

Question 9

What is the definition of compliance?

Answer 9

lawyers may bypass persuasion and directly attempt to
make jurors comply to their assumptions and adhere with their wishes (differ from what their actual believe)

Question 10

What is the definition of dissuasion?

Answer 10

Lawyers may try to dissuade jury members from being
persuaded by the opposing lawyer.

Question 11

How does the central route present in the courtroom?

Answer 11

involves a high degree of thought and scrutiny
(process information, compare to world knowledge, elaborate, make
inferences)

Question 12

How does the peripheral route present in the courtroom?

Answer 12

less cognitively effortful (e.g., “I like this lawyer’s
suit better”)

Question 13

What governs the route processing?

Answer 13

motivation(out of choice to track down the peripheral route out of the choice) , ability(perhaps not understand the material)

Question 14

What is the implication for lawyers when encouraging the central route of processing?

Answer 14

When the evidence is good, try to enhance the motivation,

Question 15

What about when the evidence is peripheral route?

Answer 15

When the evidence is flawed, decrease the motivation(making it really boring), decrease the ability(complex, take the face value)

Question 16

What is for-warning?

Answer 16

telling the jurors what the other lawyer is going to do

Question 17

What is Inoculation?

Answer 17

Lawyer may make the weak version of other lawyer

Question 18

What is Stealing Thunder?

Answer 18

Make the damage before the other team

Question 19

What is credibility challenges?

Answer 19

Discredit the other’s evidence

Question 20

What is reactance?

Answer 20

Reverse psychology, the people are driven by the freedom

Question 21

What is cross examination study?

Answer 21

Witness is questioned by the opposing lawyer, from the justice perspective, this is aimed to uncover the truth, in the practice, that you’re often to discredit the witness regardless of accuracy!

Question 22

What are the examples of cross-examination for interviewing?

Answer 22

Leading Questions
Complex or Confusing Questions
Confrontational Questions
Long delays, especially problematic for children

Question 23

How do children respond to the cross examination?

Answer 23

– High rates of compliance with leading questions
– Low rates of clarification seeking
– Misunderstandings

Question 24

What percentage of the children make at least one change compared to their earlier testimony?

Answer 24

, 75%

Question 25

What happens to the result of cross examination in the lab?

Answer 25

85% of children made at least one change to their earlier testimony during the cross-examination interview (33% changed ALL of their earlier responses!)

Question 26

How Do We Study Jurors?

Answer 26

* Mock jurors(like us) * Case studies/archives(DNA in the verdict) * Post trial interviews(interview the jurors) * Field experiments with real jurors

Question 27

What are the factors of pre trial publicity?

Answer 27

* Murder, sexual abuse, or drug crimes * Multiple negative points in PTP * Increased length between PTP and trial * Emotional PTP (as opposed to factual PTP) * PTP from TV (as opposed to print media), all these lead to increase in PTP

Question 28

Does the instructions to disregard work?

Answer 28

No, backfire

Question 29

What is the definition of Theory of Ironic Processes?

Answer 29

When we're told to not thinking about it, it often dominates our thought

Question 30

What is reactance theory?

Answer 30

People are motivated to maintain their freedom

Question 31

What is mathematical models?

Answer 31

in your brain, there are two ends of guilty and not guilty

Question 32

What is cognitive/explanation based model?

Answer 32

story model, the juror is constructing a story of what happened,

Question 33

What are Juror constructs a story based on?

Answer 33

– Evidence – Personal knowledge or expectations of similar events – Expectations or knowledge of what constitutes a complete story

Question 34

What Story is evaluated based on?

Answer 34

– Coverage – Uniqueness – Coherence completeness(is it complete story) consistency plausibility(could thing actually happen like that)

Question 35

What is pre-decisional distortion?

Answer 35

Other proposed that the juror form a story early on, and they accept and reject the evidence depends on how it conforms the story

Question 36

What is an exception to the findings of attractiveness?

Answer 36

If the attractions helped you to commit the crime

Question 37

What happens to attractive juror when judging the case?

Answer 37

More likely to convict than an unattractive juror, however percentage guilty verdict is increasing as the defendant rating went up

Question 38

What is the finding of the punishment severity?

Answer 38

For unattractive jurors, punishment severity decreased for an unattractive defendant and an attractive defendant. This concludes that the we often like the people who are attractive and ones who are similar to ourselves

Question 39

Can lawyers select the right juror?

Answer 39

defence lawyers are much better at selecting the right person to "convict" than the prosecution lawyer. However, the lawyers are not much better than the chance

Question 40

What is the foreperson, and what do they do?

Answer 40

Likely to be someone who is male, middle aged, of high status, and they will be participating in the deliberation processes, that accounts 25% to 35% of speaking time

Question 41

What is the finding of Asch's experiment?

Answer 41

– Mean conformity rate was 33%. – 30% conformed on more than half of the trials. – Group size made little difference The presence of other dissenters may reduce the likelihood of conformity, even when it was incorrect

Question 42

What is deliberation style?

Answer 42

verdict driven is more likely to be the outcome, but the jury system prefers the evidence driven juror

Question 43

What is Group Polarisation Hypothesis?

Answer 43

the average postgroup response will tend to be more extreme in the same direction as the average pregroup response.

Question 44

What is Leniency bias?

Answer 44

in criminal trials where the judge has disagreed with the jury’s decision, the jury was almost always more lenient than the judge

Question 45

What is Collective Incapacitation?

Answer 45

crime prevention accomplished through sentencing laws that are specific to the crime committed.

Question 46

What is Selective Incapacitation?

Answer 46

prevention of crime through the physical restraint of persons selected for confinement on the basis that they personally will engage in forbidden activities unless physically restrained from doing so.

Question 47

What is Retributive Justice?

Answer 47

Harsh punishment

Question 48

What is deterrence?

Answer 48

Decrease the future incidence of crime,

Question 49

What is specific deterrence?

Answer 49

aims to discourage a particular offender from committing crimes.

Question 50

What is general deterrence?

Answer 50

aims to discourage potential offenders from committing crimes.

Question 51

What else do we need for general deterrence?

Answer 51

emphasising both the punishment and the likelihood of apprehension(the chance that you are likely to be caught)

Question 52

What groups have gained the benefit from CBT?

Answer 52

juvenile offenders, sex offenders, and violent offenders

Question 53

What is restorative justice?

Answer 53

indigenous circles,

Question 54

What outcome do we see from the restorative justice?

Answer 54

Appear to decrease the recidivism, receiving the apology on the victim, and the offender is meant to better understand the harm to victim

Question 55

How Are Sentenced Decided?

Answer 55

Many sentences are decided through the process of plea-bargaining (~ 90% in the US, ~ 30% in Australia). * Otherwise, in most criminal cases, sentences are decided by a judge.

Question 56

What are some judicial biases?

Answer 56

male and black offenders are 50%more likely to receive harsher sentence than the similar situation of white and women offenders Less than 10%variance in sentence could be explained by the facts of the case, whereas over half of the variance was explained by the characteristics of the judges

Question 57

Are death penalty made by jurors?

Answer 57

yes, not judge

Question 58

What happens to the juror who had received the low comprehension?

Answer 58

Race played a significant role in death penalty

Question 59

What is confirmation bias?

Answer 59

seeking out evidence to confirm one’s beliefs, while ignoring disconfirming evidence.

Question 60

What is cognitive dissonance?

Answer 60

A belief conflicts with behaviour

Question 61

What is the difference between the top down vs bottom up process?

Answer 61

Top down, use your own prior experience and knowledge, but bottom up is accumulated the evidence that allows you to find something in the memory

Question 62

What is benefit of the bottom up processing?

Answer 62

It can also help us to interpret ambiguous information or to fill in missing information

Question 63

What is contextual bias?

Answer 63

when a decision is influenced by factors outside of the task at hand

Question 64

Why is Forensics Vulnerable?

Answer 64

1. Evidence that is often highly ambiguous 2. Lack of objective standards 3. Numerous contextual cues 4. Perceptions of infallibility 5. Limited potential for mistakes to be immediately identified

Question 65

What happens when we manipulated the task difficulty?

Answer 65

* When the task was ambiguous, those in the ‘high emotion’ condition and the ‘high emotion + subliminal’ condition were more likely to find a match. * “Contextual information actively biases the way gaps are filled, but was not sufficient to override clear bottom-up information”