unit 1 Flashcards
(91 cards)
anthropological
looks at comparisons between different cultures
sociological
focuses on specific society and how structures and institutions influence legal system
philosophical aspects
jurance prudence – how do laws get created?
Natural human law or Legal positivism
Natural human law
there is some objective morality that laws should reflect. True for all humans and not culturally dependent
Legal positivism
Laws are created by humans depending on their perspective and that there is not an objectively right law/action – psychology takes the second perspective
psychological
B= f(p,e) behavior is a function of the personality and the environment
Looking at individuals as a unit of analysis, individual people influence how the legal system operates (they affect the legal system and the legal system effects them), bidirectional relationship
First dilemma: rights of the individual Vs. Rights of the common good
Freedom vs. Security/ safety
Two models of the criminal justice system
- Due process model and crime control model
Due process model
“It is better for ten guilty to go free than one innocent man should suffer”
o We should be focused on due processed rights (the rights of the individual against abuses of those in power)
o Innocent till proven guilty
Crime control model
if there is enough evidence to go to trial then they’re probably guilty, the punishment needs to be sever that they will go away for a while/not do it
* Three- Strikes law (Lockyer v. Andrade)/ habitual criminal act
Lockyer v. Andrade
example of crime control model
convicted of 3 pretty crimes appealed by overturned because disproportionate to crime but supreme court said there is no guarantee to proportionality
Megan’s Law/ Sexual predator laws
o Little girl was raped and murdered by sex offender, after someone has served their maximum sentence if it’s a sexual offence then there are additional rules in place
o Falls under crime control model because it infringes on their lives because of where they live and privacy but its helping to ensure safety
Second Dilemma: equality Vs. Discretion
Should it be as equal as possible or should person events/situations be taken into account
Principle of equality
the law applies the same way to everyone
sentencing disparity
tendency of judges to administer different penalties for the same crime because of their circumstances.
When they can take circumstances into account they often do
Determinate sentencing
the offense determines the sentence; discretion is removed from the situation – creates a more equal punishment
Ronald Harmelin (Harmelin v. Michigan)
example of determinate sentencing. Got 25 years because, argued it was disproportionate to his crime because it wasn’t that extreme and that there shouldn’t be mandatory sentencing, but they said no 8th amendment doesn’t guarantee proportionality
3rd Dilemma: What is the purpose of a trial? - to discover the truth or to resolve conflict
‘Zealous representation’: lawyers should defend their client zealously – do whatever they can to get an output that’s favorable for them: but this goes against discovering the truth
Plea bargaining: plead guilty in a criminal case to reduce their punishment then if they had gone to trial and been guilty. Most criminal cases are resolved this way. It is much more convenient and able to plead guilty and not go jail then to do the trial that’s expensive and time consuming. Doesn’t’ discover the truth but resolves the conflict
- Rot Criner
Roy Criner
example of 3rd dilemma. Convicted of Killing Deanna Ogg. Later on they tested the sperm and the DNA evidence did not match and it was clearly not him so he appealed and they denied his appeal because he could have had consensual sex with her or she could have had it with someone else early in the day or he could have worn a condom so it didn’t prove he was innocent
Fourth dilemma: science versus the law as a source of decisions
Conflict of psychology as a social science and legal system approach to things
Empirical studies vs. stare decisis, experimental method vs. case method, probabilities vs. absolutes
Empirical studies vs. Stare decisis
psychology based their research on empirical studies that are across a lot of different people. On the other hand, the legal system uses case study and precedent and use cases that are used before them (stare decisis means let the decision stand) to decide the right course of action.
Experimental method vs. case method
psychologist use experiments while legal system uses case studies
Probabilities vs. Absolutes
psychologists talk about things in terms of likelihoods and probabilities when we try to predict things, but it’s rarely that something is 100%). Lawyers want a yes or no and talk in absolutes
Law conflicting with fourth dilemma
Lockhard v. McCree (1986) - Death qualification: If the death penalty is an option, any juror that hears the case has to be known as death qualifying (must be able to consider the death penalty). There were dozens of cases that those who were death qualifying were more likely to judge someone as guilty compared to those who are not death qualified and so created a Pro prosecution bias. This will shift things in favor of the person being found guilty. Tried to appeal it siting these studies and the APA agreed and filed a brief on it but it was denied by the supreme court because you are not guaranteed a jury based on attitudes
McClesky v. Kemp (1987) – death penalty based on race
Black man was convicted of killing a white man and there was a lot of psychology studies showing that people were more likely to give someone a death penalty if the victim was white. Appeal was based on systematic bias and so the death penalty punishment is unfair but supreme court did not agree because of case method vs. Experimental method and the bias shows up across a lot of people but the supreme court said in order for it to be overturned you’d have to prove that your jury was racist, it doesn’t matter that systematic racist is a thing.
Basic scientist
looking for pursuit of knowledge to further knowledge
need not lead to anything applicable at all
basic scientist knowledge/research can still be applied in legal system