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ch 7 notes

by: Arielle Reiner

ch 7 notes leglst 1140

Arielle Reiner

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intro to criminal law
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This 12 page Bundle was uploaded by Arielle Reiner on Sunday November 1, 2015. The Bundle belongs to leglst 1140 at University of Pittsburgh taught by in Summer 2015. Since its upload, it has received 96 views.


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Date Created: 11/01/15
Drug laws 11/04/2015 ▯ How did drug laws in the US develop  1906: the pure food and drug act o Required accurate labeling of drugs o Was based in part on the use of poisonous preservatives and dyes in foods and cure-all claims for worthless and dangerous medicines  1914: Harrison narcotic act o Intended to regulate the production and distribution of opiate containing substances o Was later used by law enforcement to prosecute doctors who prescribed opiates to addicts  1919-1933: alcohol prohibition o Amendment to the US constitution making it a crime to make or sell alcoholic beverages  1937: marijuana tax act o Instituted a tax on the distribution of marijuana o Subsequent laws increased penalties on marijuana  1970: controlled substances act  1971: Nixon administration declares “war on drugs” ▯ Controlled substances out  Signed in 1970  Combined all existing drug laws into a single set of laws  State drug laws must be in compliance with the CSA  Controlled substance: substance whose use and distribution is governed by law  Definition from the controlled substances act: the term controlled substance means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V if part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the internal revenue code of 1986 ▯ Drug enforcement agency  DEA created in 1973 to regulate controlled substances  Enforces the CSA  DEA schedules were developed to classify drugs based largely on abuse potential and accepted medical application but also on a drug’s history and current pattern of abuse ▯ Federal vs state drug laws  Federal drug laws generally carry harsher punishments and longer sentences  What if the laws contradict one another? o If federal law and state law conflict, the federal law wins out (supremacy clause) o This is based on a clause in article VI of the US constitution which dictates that federal law is the supreme law of the land ▯ Different types of “legal”  Decriminalization o Occurs when a government has repealed or amended its laws to make something criminal but not subject to prosecution (will not receive a criminal record or jail sentence) o This typically makes something an infraction and can be fined o Drug decriminalization is typically for possessing amounts of a given drug below set limits (often an amount “appropriate for personal use”)  Legalization o Cannot be arrested, ticketed, or convicted for use of a given drug ▯ What determines the nature and duration of penalties related to drugs?  Penalties for purchasing or possessing drugs depend in part on o DEA schedule o How much drug you have in your possession o What your plans were regarding drug use or distribution  Distribution: selling, delivering, or providing controlled substances illegally  Trafficking: illegal sale and/or distribution of a controlled substance  Possession o Having a drug within your control (including home or automobile) without a valid prescription and in a quantity sufficient for personal use o Note that this is different from a DWI/DUI law because the government does not need to prove someone is using a controlled substance to charge them with possession o More commonly prosecuted at a state or local level  More commonly a misdemeanor o This can be charged if someone is simply found in possession of drug paraphernalia associated with drug use without the actual drug themselves  Intent to distribute o This is typically inferred from the circumstances o This is usually assumed if the amount someone is in possession of is too large to be for only personal use o Also assumed if packaging materials, scales, large amounts of money, or communications from customers are present o More commonly prosecuted on a federal level  Possession with intent to distribute (felony) o Occurs if criteria for possession and intent to distribute are both met at the same time o If someone is convicted, the penalty is directed by the federal sentencing guidelines ▯ Anti drug abuse act of 1986  Initiated multiple objectives in fighting the war on drugs  Increased taxes on countries that do not cooperate with US efforts to stop drug imports into the US  Made it easier to seize drug offenders’ assets (homes, vehicles, money)  Created laws against money laundering  Reinstated mandatory prison sentences for drug possession o Established minimum sentences by amount and type of drug o Was highly controversial because of the 100:1 disparity between crack cocaine and powdered cocaine possession limits  E.g. for either 50 g or crack cocaine or 5000 g of powdered cocaine, there was a 10 year minimum sentence  Cocaine sentencing disparity led to a racial disparity in people convicted of and incarcerated for cocaine use ▯ How much did the harsher drug policies cost?  For the year 2014, the average cost per arrest made by the DEA was $97,325 ▯ ▯ Exam 3 notes 11/03/2015 ▯ The trait concept represents people’s broad dispositions to display a certain type of behavior or to have certain types of emotional experiences  Allport, 1 of the first trait theorists, differentiated among cardinal traits, central traits, and specific dispositions  He also suggested that some traits could only be identified through idiographic research strategies (research strategies that are sensitive to potentially idiosyncratic qualities of particular individuals) ▯ Many trait theorists use the statistical technique of factor analysis to develop a classification of traits  Through this technique a group of items or responses (factors) are formed, the items in 1 group (factor) being closely related to 1 another and distinct from those in another group (factor) ▯ Cattell distinguished among ability, temperament, and dynamic traits, as well as between surface and source traits ▯ According to Eysenck, the basic dimensions of personality are introversion-extraversion, neuroticism, and psychoticism  Questionnaires have been developed to assess people along these trait dimensions  Research has focused particularly on the introversion-extraversion trait dimension where differences in activity level and activity preferences have been found  Eysenck suggests that individual differences in traits have a biological and genetic (inherited) basis ▯ Ability, temperament, and dynamic traits: in Cattell’s trait theory, these categories of traits capture the major aspects of personality ▯ Cardinal trait: Allport’s concept for a disposition that is so pervasive and outstanding in a person’s life that virtually every act is traceable to its influence ▯ Central trait: Allport’s concept for a disposition to behave in a particular way in a range of situations ▯ Extraversion: in Eysenck’s theory, 1 end of the introversion- extraversion dimension of personality characterized by a disposition to be sociable, friendly, impulsive, and risk taking ▯ Factor analysis: a statistical method for analyzing correlations among a set of personality tests or test items in order to determine those variables or test responses that increase or decrease together  Used in the development of personality tests and of some trait theories (e.g. Cattell, Eysenck) ▯ Functional autonomy: Allport’s concept that a motive may become independent of its origins  In particular, motives in adults may become independent of their earlier base in tension reduction ▯ Introversion: in Eysenck’s theory, 1 end of the introversion- extraversion dimension of personality characterized by a disposition to be quiet, reserved, reflective, and avoid risk taking ▯ L-data: in Cattell’s theory, life record data relating to behavior in everyday life situations or to ratings of such behavior ▯ Neuroticism: in Eysenck’s theory, a dimension of personality defined by stability and a low anxiety at 1 end and by instability and high anxiety at the other end ▯ OT-data: in Cattell’s theory, objective test data or information about personality obtained from observing behavior in miniature situations ▯ Psychoticism: in Eysenck’s theory, a dimension of personality defined by a tendency to be solitary and insensitive at 1 end and to accept social custom and care about others at the other end ▯ Q-data: in Cattell’s theory, personality data obtained from questionnaires ▯ Role: behavior considered to be appropriate for a person’s place or status in society  Emphasized by Cattell as 1 of a number of variables that limit the influence of personality variables on behavior relative to situational variables ▯ Secondary disposition: Allport’s concept for a disposition to behave in a particular way that is relevant to a few situations ▯ Source trait: in Cattell’s theory, behaviors that vary together to form an independent dimension of personality which is discovered through the use of factor analysis ▯ State: emotional and mood changes (e.g. anxiety, depression, fatigue) that Cattell suggested may influence the behavior of a person at a given time  The assessment of both traits and states is suggested to predict behavior ▯ Superfactor: a high ordered or secondary factor representing a higher level of organization of traits than the initial factors derived from factor analysis ▯ Surface trait: in Cattell’s theory, behaviors that appear to be linked to 1 another but do not in fact increase and decrease together ▯ Trait: a disposition to behave in a particular way as expressed in a person’s behavior over a range of situations ▯ ▯ The big 5: in trait factor theory, the 5 major trait categories including emotionality, activity, and sociability factors ▯ Facets: the more specific traits (or components) that make up each of the broad big 5 factors (Costa and McCrea)  For example, facets of extraversion are activity level, assertiveness, excitement seeking, positive emotions, gregariousness, and warmth ▯ 5 factor theory: An emerging consensus among trait theorists suggesting 5 basic factors in human personality  Neuroticism, extraversion, openness, agreeableness, and conscientiousness ▯ Fundamental lexical hypothesis: the hypothesis that over time the most important individual differences in human interaction have been encoded as single terms into language ▯ NEO-PI-R: a personality questionnaire designed to measure people’s standing on each of the factors of the 5 factor model as well as on facets of each factor ▯ OCEAN: the acronym for the 5 basic traits  Openness, conscientiousness, extraversion, agreeableness, neuroticism ▯ Person situation controversy: a controversy between psychologists who emphasize the consistency of behavior across situations and those who emphasize the importance of the variability of behavior according to the particular situation ▯ Personality trait research indicates that people who are high on the trait of conscientiousness take better care of themselves and live longer ▯ 3 major findings have emerged from research using both self report measures (S-data) and observer report data (O-data) of the big 5 factors  The same 5 factors are found in both self reports and observer ratings  Observers agree reasonably well with each other about the standing of individuals on each big 5 dimension o If you think you are conscientious, introverted, and neurotic, your friends probably think so too  O-data sometimes is a better predictor of performance than S-data o A meta-analysis (statistical analysis of large numbers of prior studies) of the relationship between personality test scores and indices of the quality of job performance reveals that observer ratings of personality predict performance above and beyond the predictions that can be made by self ratings of personality ▯ Extraversion  Gregariousness  Activity level  Assertiveness  Excitement seeking  Positive emotions  Warmth  Quantity and intensity of interpersonal interaction  Need for stimulation  Capacity for joy ▯ Agreeableness  Straightforwardness  Trust  Altruism  Modesty  Tendermindedness  Compliance  Quality of one’s interpersonal orientation along a continuum from compassion to antagonism in thoughts, feelings, and actions ▯ Conscientiousness  Self discipline  Dutifulness  Competence  Order  Deliberation  Achievement striving  Degree of organization, persistence, and motivation in goal directed behavior  Dependable and fastidious people vs lackadaisical and sloppy people ▯ Neuroticism  Anxiety  Self consciousness  Depression  Vulnerability  Impulsiveness  Angry hostility  Judgment versus emotional stability  Prone to psychological distress, unrealistic ideas, excessive cravings/urges, maladaptive coping stratagies ▯ Openness to new experiences  Fantasy  Aesthetics  Feelings  Ideas  Actions  Values  Proactive seeking and appreciation of experience for its own sake  Toleration for and exploration of the unfamiliar ▯ In the later years of the 20 century, a consensus emerged among trait theorists around the big 5 (5 factor) model of personality traits  Support for the model comes from the factor analysis of trait terms in language and the factor analysis of personality ratings and questionnaires ▯ The big 5 theorists’ study of language rests on the fundamental lexical hypothesis which is the hypothesis that the fundamental individual differences among people have been encoded into the natural language ▯ McCrea and Costa have proposed a theoretical model, the 5 factor model, that emphasizes the biological basis for traits, which are construed in the model as basic tendencies  Substantial evidence of stability of overall trait structures and of individual differences in trait levels is consistent with this theoretical model  However, the model is questioned by evidence of change in personality trait levels and by uncertainty concerning the limits of environmental influence on personality development  In addition, there is evidence that at least 1 more trait factor is required to capture all major individual differences ▯ Research indicates that individual differences in 5 factor scores significantly predict outcomes in domains of importance to applied psychologists such as vocational guidance, personality diagnosis, work behavior, and psychological treatment  A limitation of the 5 factor trait model as an applied tool, however, is that it offers no specific recommendations concerning the process of personality change ▯ Although there is evidence for longitudinal stability in personality traits, much research also suggests that people show significant variability in trait related behavior suggests that people show significant variability in trait related behavior when they encounter different social contexts  To some, this variability in trait related behavior suggests that trait constructs are inadequate as a basis for personality theory  Yet others judge that the stability in behavior across time and place that does exist is sufficient to support the utility of trait theories (the person situation controversy) ▯ An overall evaluation of current trait theory suggests strengths in research, the formulation of interesting hypotheses, and the potential for ties to biology  At the same time, questions can be raised concerning the method of factor analysis and the neglect of such important areas of psychological functioning as the self and a theory of personality change ▯ Psychologists have long been interested in individual differences in temperament, relating such differences to constitutional factors  Advances in temperament research have come in the form of longitudinal studies and objective measures of behavior and constitutional-biological variables  Kagan’s research on inhibited and uninhibited children is illustrative of such developments ▯ Evolutionary theory concerns ultimate causes of behavior – that is, why the behavior of interest evolved and the adaptive function it served  Work in the area of male-female mate preferences, emphasizing sex differences in parental investment and parenthood probability, and in male-female differences in causes of jealousy illustrate research associated with evolutionary interpretations of human behavioral characteristics ▯ 3 methods used to establish genetic behavior relationships are selective breeding, twin studies, and adoption studies  Twin and adoption studies lead to significant heritability estimates for intelligence and most personality characteristics  The overall heritability for personality has been estimated to be .4 to .5 (that is, 40-50% of the variance in personality characteristics is due to genetic factors)  However, there is evidence that heritability estimates are influenced by the population studied, personality characteristics studied, and measures used ▯ Associations between findings in neuroscience and personality have focused on the functioning of neurotransmitters such as dopamine and serotonin, on individual differences in hemispheric lateralization and emotional style, demonstrated in the work of Davidson, and on the functioning of parts of the brain such as the amygdala in relation to the processing of emotional stimuli and emotional memories  The 3 dimensional temperament model proposed by Clark and Watson represents 1 attempts to systematize relations between the findings in neuroscience and personality  Many such links are suggested, although at this time a comprehensive model of biological processes and personality traits remains to be formulated ▯ In recent years, researchers in neuroscience have begun to identify specific brain regions that are involved in complex aspects of personality functioning, such as judgments about the self and judgments of the morality of actions  This work generally relies on brain imaging techniques, particularly fMRI ▯ Although there is a tendency to think of biological processes as fixed, there is considerable evidence of plasticity or potential for change in neurobiological systems as a result of experience  Research on the biological foundations of personality then, provides information not only about the role of genetics in personality, but also about the role of the environment ▯ Adoption studies: an approach to establishing genetic behavior relationships through the comparison of biological sibling reared together with biological siblings reared apart through adoption  Generally combined with twin studies ▯ Behavioral genetics: the study of genetic contributions to behaviors of interest to psychologists, mainly through the comparison of degrees of similarity among individuals of varying degrees of biological genetic similarity ▯ Effortful control: a quality of temperament involving the capacity to control one’s actions by stopping one activity (a dominant response) in order to do another ▯ Evolved psychological mechanisms: in evolutionary psychology, psychological mechanisms that are the result of evolution by selection  That is, they exist and have endured because they have been adaptive to survival and reproductive success ▯ fMRI: functional magnetic resonance imaging  a brain imaging technique that identifies specific regions of the brain that are involved in the processing of a given stimulus or the performance of a given task  the technique relies on recordings of changes in blood flow in the brain ▯ Heritability: the proportion of observed variance in scores in a specific population that can be attributed to genetic factors ▯ Inhibited-uninhibited temperaments: relative to the uninhibited child, the inhibited child reacts to unfamiliar persons or events with restraint, avoidance, and distress, takes a longer time to relax in new situations, and has more unusual fears and phobias  The uninhibited child seems so stressful to the inhibited child  The uninhibited child responds with spontaneity in novel situations, laughing and smiling easily ▯ Neurotransmitters: chemical substances that transit information from one neuron to the other (e.g. dopamine and serotonin) ▯ Parental investment theory: the view that women have a greater parental investment in offspring than do men because women pass their genes on to fewer offspring th ▯ Phrenology: the early 19 century attempt to locate areas of the brain responsible for various aspects of emotional and behavioral functioning  Developed by Gall, it was discredited as quackery and superstition ▯ Plasticity: the ability of parts of the neurobiological system to change, temporarily and for extended periods of time, within limits set by genes, to meet current adaptive demands and as a result from experience ▯ Proximate causes: explanations for behavior associated with current biological processes in the organism ▯ Selective breeding: an approach to establishing genetic behavior relationships through the breeding of successive generations with a particular characteristic ▯ Shared and nonshared environments: the comparison in behavioral genetics research of the effects of siblings growing up in the same or different environments  Particular attention is given to whether siblings reared in the same family share the same family environment ▯ 3 dimensional temperament model: the 3 superfactors describing individual differences in temperament  Positive emotionality, negative emotionality, and disinhibition versus constraint ▯ Twin studies: an approach to establishing genetic behavior relationships through comparison of degree of similarity among identical twins, fraternal twins, and nontwin siblings  Generally combined with adoption studies ▯ Amygdala: part of the primitive limbic system, the brain’s emotional response center  Particularly important for aversive emotional learning ▯ Hemispheric lateralization: dominance of the right frontal hemisphere associated with activation of negative emotions and personality traits of shyness and inhibition  Dominance of the left frontal hemisphere associated with activation of positive emotions and personality traits of boldness and disinhbition ▯ Dopamine: a neurotransmitter associated with reward, reinforcement, pleasure  High dopamine levels are associated with positive emotions, high energy, disinhibition, and impulsivity  Low dopamine levels are associated with lethargy, anxiety, and constriction  Animals and people will self administer drugs that trigger the release of dopamine ▯ Serotonin: a neurotransmitter involved with mood, irritability, and impulsivity  Low serotonin levels are associated with depression but also with violence and impulsivity  Drugs known as SSRIs (selective serotonin reuptake inhibitors) (e.g. Zoloft, Prozac, paxil) are used to treat depression as well as phobias and obsessive compulsive disorders  Unclear exactly how they operate ▯ Testosterone: a hormone important in the development of secondary sex characteristics and also associated with dominance, competitiveness, and aggression ▯ Cortisol: a stress related hormone secreted by the adrenal cortex that facilitates reactions to threat  Although adaptive in relation to short term stress, responses to long term, chronic stress can be associated with depression and memory loss


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