PSY 3335 Forensic Psychology Review for Exam 1 1.) Describe the 5 major assumptions our criminal justice system makes about juries and jurors. i) Assumption of “tabula rasa” – jurWe also discuss several other topics like hwc paper
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ors are “blank slates” ii) Assume the jurors focus ONLY on the evidence when reaching verdicts iii) Assume that jurors are complete and accurate information processors they don’t make mistakes or misinterpret information iv) Assume that jurors can suspend judgment during the trial v) Jury deliberations are unaffected by group pressure 2.) (1) Name & (2) Briefly describe the 4 approaches to studying the legal system discussed in class. i) Anthropological approach: compare and contrast laws in different societies; compares the same society across time; focus is on TIME ii) Sociological approach: study a specific society and its INSTITUTIONS to determine the role of these institutions in developing adherence of the law; more tradition= less crime iii) Philosophical approach: “big picture” approach; universal of right and wrong; seek to understand the nature of “justice”; Ex. A man rapes a 7 year old vs a man rapes a prostitute iv) Psychological approach: emphases on the HUMAN determinants in the law (the people involved in the system); if you change the person the interpretation of the law and the way the system works changes 3.) (1) What is the formula for "field theory." (2) What does this theory suggest about participants in the legal system? i) B=f(P,E); behavior is a function of the person and their environment; a case that is highly publicized may result in a harsher punishment 4.) In class we discussed 4 dilemmas that stem from choices to be made about the law. (1) Name each dilemma, (2) discuss why each is a dilemma for the legal system. (3) Be sure and discuss the following concepts as they related to these dilemmas: ● Principle of equality ● Principle of proportionality ● Discretion ● "Do the Crime, Do the Time" ● Determinant sentencing ● Plea bargaining ii) Right of the Individual vs. the Common Good: What right does society have to tell you what you must do for your own protection? Why and when should society’s protection predominate over your right to control your own behavior? Ex. Wearing a seatbelt, whether or not you can have an abortion; one function of the law is to ensure that individual rights are attainable, rights are not guaranteed; legal system has 2 goals: protect the individual (right to make private choices) and protect the collective (right to be protected from harm by others); two models of the criminal justice system: due process primary emphasis on protecting innocent citizens and crime control seeks punishment of law breakers, emphasizes the efficient detection and prosecution of suspects iii) Equality vs. Discretion: centers around whether punishments should be meted out equally without regard to individual circumstances or whether there should be room for discretion; equality= “do the crime, do the time” if two people commit the same crime then each should get the same punishment; principle of proportionality punishment should be consistently related to the magnitude of the offense, equity=fair, punishment should fit the crime; discretion one should use judgments about the circumstances of certain offenses that lead to variations in how the system responds to these offenses; determinant sentencing the offense determines the sentence and courts have little discretion iv) Discover Truth vs. Resolve Conflict: should the legal system be more concerned with discovering the truth (being right) or resolving the conflict (obtaining a verdict); hung jury=not guilty; plea bargaining approximately 9095% of all cases never reach trial because of plea bargaining v) Science vs. Law for Making Decisions: psychology is empirical (scientific), law is doctrinal (precedent) 5.) (1) What are the two primary models of the criminal justice system? (2) Which model appears to dominate our system? (3) How is that model reflected in different aspects of our system in other words what elements (such as "trial by a jury of our peers") in our system seem designed to support the model you have chosen? i) Due Process: primary emphasis on protecting innocent citizens even if they are criminal suspectsfrom possible abuse. Rights of the individual ii) Crime Control model: seeks the punishment of law breakers, emphasis on detections and prosecution of suspects so that the society can assume that criminal activity is being contained or reduced, increases feeling of safety. Rights of society 6.) (1) Define each of the following: (a) legality, (b) morality, and (c) justice. (2) Why are you defining each the way you are? (3) Discuss how these three can be in conflict. 7.) (1) Decribe, in order, the 8 levels of intent according to psychology. (2) Give an example of an action that would fall at each category. i. 1 pure accident: no intent, no conscious thought, ex. Child ran out in front of me ii. 2 reflex action: biological reaction, ex. Someone touched me from behind and I hit them iii. 3 action out of unconscious: dream state or sleepwalking iv. 4action under stress or duress: psychological reaction, action out of fear v. 5action under hypnotic suggestion: brainwashing vi. 6 action under social pressure: person is on ledge and someone in the crowd starts to chant “jump”, gang initiations vii. 7 action where the consequences is foreseeable: ex man drives trailers for a living and uses the wrong size tow ball and it detaches causing an accident viii. 8 conscious action with conscious intent: premeditated murder 8.) (1) Describe the "AND" model of attribution. (2) What assumptions does this model make? (3) What implications does this model have for the courtroom? 9.) (1) Describe Kohlberg's theory of moral development 3 levels and 2 stages per level. (2) What kind of evidence/information would a juror operating from each level need in order to be convinced that someone is guilty of committing a crime? (3) What is the level of moral thinking of most jurors? (4) Why? (5) Knowing this, what suggestions would you make to the prosecution in terms of "winning" the case? (6) Knowing this, what suggestions would you make to the defense in terms of "winning" the case?10.) What is Jury Nullification? Describe research assessing the potential impact of Jury Nullification instructions on jury decisionmaking. i. “to nullify the law”, how the jurors feel causes them to reach a different verdict, uses emotions 11.) Describe the process of jury selection. As you describe the process, be sure to include a discussion of each of the following terms: ● Voir Dire ● Peremptory Challenge ● Dismissal with cause ● Batson Decision ii. the exclusion of potentially biased jurors; jury selection is a two step process; venire and voir dire. Venire the pool of possible jurors, attorneys draw a panel of prospective jurors anywhere from 30 to 200. Voir dire to tell the truth, process of selecting the actual jurors, ask questions to reveal bias, assess opinions toward the death penalty, probe for history of victimization iii. these exclusions are called peremptory challenges: their number is limited and determined in advance by the judge and varies by jurisdiction. These exclusions cannot be challenges and should be used wisely. iv. Attorneys can claim jurors SHOULD be excluded for a cause, these can be challenged. The number for these exclusions is unlimited. v. Batson decision its forbidden to exercise peremptory challenged solely based on a jurors race 12.) Discuss judge/jury differences in decision making. (2) Based on these differences, what would you recommend to someone who is accused of a crime in terms of having that crime tried by a judge along or by a jury? Be sure and discuss the following as they relate to these differences: ● Jury sentiment ● Jury Nullification ● Type of Nullification Instructions ● Do Nullification Instructions Make a Difference? If so, when? i. Jury sentiment jurors emotions and feelings affect their decisions; use of community values ii. Jury nullification when jury sentiment is used, the sentiments affect the outcome of the verdict 13.) Discuss what is known about false confessions? (2) What are the FOUR categories of false confessions? (3) How can we determine the validity of a confession? (4) Describe the 5 hurdles that a confession must pass in order to be deemed voluntary. i. 14.) Discuss each of the following as they relate to criminal profiling and criminal investigation: ● Profiling inputs ● Decision process models ● Crime assessment ● The criminal profile ● The investigation ● The apprehension15.) (1) Discuss what is meant by organized and disorganized offenders. (2) How can this information be useful in a criminal investigation? (3) what are proposed weaknesses of the FBI method and how have others recommended that these weaknesses be addressed? 16.) (1) Describe "investigative psychology" and its history. (2) Cantor's model includes 5 aspects of the interaction between the victim and the offender. Describe each of these 5 levels and what each level can tell us about the offender. 17.) (1) Describe "Behavioral Evidence Analysis." (2) Be sure and discuss the 4 main steps of the BEA and the 2 phases in which these steps can be categorized. 18.) Describe Merton’s “Strain Theory”. As you describe this theory be sure and discuss each of the following: ● what creates “strain”? ● how do people “adapt” this strain? ● what is conformity? ● what is innovation? ● what is ritualism? ● what is retreatism? ● what is rebellion? 19.) Describe Sutherland’s Social Learning Theory of Crime. Why is it important to note that criminal behavior is not innate? Be sure and discuss ALL 9 steps and explain how one leads to the next or how each comes from the one that preceded it. 20.) What are the 4 elements of Social Control Theory of Crime? 21.) Explain what is meant by selffulfilling prophecy. What are the 4 steps of a selffulfilling prophecy? 22.) What is the main assumption of Clarke and Cornish’s Rational Choice Model? 23.) Briefly describe each of the 5 theories of crime reduction and how crime might be reduced using each: ● routine activity theory ● rational choice theory ● situational crime prevention ● opportunity theory ● displacement theory 24.) Describe Freud’s Psychoanalytic theory and how Id, Ego and Superego might be involved in crime. For each aspect (Id, Ego and Superego) be sure and describe where that aspect comes from and the principle by which it operates. 25.) Discuss the three levels of Kohlberg’s theory of moral development as they relate to the commission of crime. 26.) In order for punishment to be effective, B.F. Skinner said it must be _____, _____ & _____. 27.) Describe the “Free and Voluntary Rule”. Why is it called a “twoprong” test? Explain each prong and what happens if the confession does or does not meet these. 28.) What does it mean when we say that a confession is “valid”? 30.) What is the “Free and Voluntary” rule? How does this relate to the question of validity of confessions? What is the “two prong test” for how validity of a confession is assessed in terms of the free and voluntary rule?