Psych/Law Exam 1

the basic raw material for the construction and the revision of laws is

human experience

the disciplines that laws and legal systems are studied by

psychologist, anthropologists, sociologists

the psychological study of law

focuses on the individual level of analysis and the impact of groups on individual behavior, social psychology

individuals as participants in the legal system

• perpetrators and victims

• police officers, correctional officers, parole officers

• jurors and expert witnesses

• defense and prosecuting attorneys

behavior of persons in the legal system

can be viewed as a function of both the person and the environment

Kurt Lewin

Social psychologist who proposed an equation to reflect the idea that behavior is a function of the person and the environment

forensic psychologist

• generate and communicate information to answer specific legal questions

• evaluate a person and prepare a report for court

• provide expert testimony in hearings or trials

Basic choices in psychological study of law

1. rights of individuals versus the common good

2. equality versus discretion

3. to discover the truth or to resolve conflicts

4. science versus the law as a source of decisions

due process model (1960s)

places value on the protection of citizens, from possible abuses by the police and the law enforcement system generally. Assumes the innocence of suspects and requires that they be treated fairly by the criminal justice system and emphasizes the rights of individuals

crime control model (1990s)

seeks the apprehension and punishment of lawbreakers. emphasizes the efficient detection of suspects and the effective prosecution of defendants. US incarcerates a higher percentage of its citizens than any other developed nation.

equality

all people who commit the same crime should receive the same consequences

the principle of equality

all people should be treated equally, no should receive special treatment by the courts because of influence or socio-economic status.

profiling

viewing certain characteristics as indicators of criminal behavior

principle of proportionality

• the punishment should be consistently related to the magnitude of the offense

• if a relatively minor crime leads to a harsh punishment, then the fundamental value of proportionality and hence, equality has been violated

discretion

refers to judgments about the circumstances of certain offense that lead to appropriate variations in how the system responds to these offenses

jury nullification

when a jury finds “not guilty” when the person committed the crime because they feel the law is unjust

racial bias

whereby police officers, prosecutors, jurors, and judges use an individual’s race as a basis for judging his or her behavior

implicit bias

especially concerning, since people are unaware that they are being influenced by race

plea bargaining focuses on

resolving conflicts rather than determining truth

settlement negotiation

a plaintiff agrees to accept what a defendant is willing to offer to end their legal disagreement. the goal is conflict resolution

law relies on precedents

precedents and case law

precedents

rulings in previous cases as well as the Constitution and the statutes

case law

the law made by judges ruling in individual cases is very influential

principle of stare decisis

“let the decision stand” abiding by previous decisions

psychologists prefers to think in terms of

probabilities

law supports contrasting _________; Psychology seeks _____________

views of reality, one refined view of reality

Psychologists’ role in the law

• basic scientist

• applied scientists

• policy evaluator

• forensic evaluator

• consultant

Tarasoff v. Regents of the University of California

the decisions focuses on the duties required of psychotherapists whose clients threaten violence to identifiable others

psychologists as a basic scientists in the law

• pursues knowledge for its own sake

• study a phenomenon for the satisfaction of understanding it and contributing to scientific advances in the area

the ethics of the basic scientist

• must adhere to standards of conduct in how they undertake and report their studies

• they cannot present a skewed selection of the data to hide observations

• must treat research participants in an ethical manner

psychologists as a applied scientists in the law

dedicated to generating and applying knowledge to solve real-life problems. involves serving as an expert witness in a legislative hearing in a courtroom.

expert witness

someone who possesses specialized knowledge about a subject, knowledge that the average person does not have. assists jurors and judges by providing an opinion based on this specialized knowledge

the ethics of the applied scientist

expert witnesses are responsible for reporting all their conclusions and cannot accept payment that is based on the outcome of the case

psychologists as a policy evaluator in the law and their ethics

evaluates the impact of proposed or existing legislation and court or correctional procedures. They face ethical responsibilities similar to those of the expert witness.

psychologists as a forensic evaluator in the law and their ethics

must provide evaluations that are clear in their purpose, the appropriate level of confidentiality, use methods and procedures that are accurate and must comply with the ethical code from APA

psychologists as a trial consultants in the law and their ethics

use scientific jury selection procedures, conduct community attitude surveys, test the effectiveness of demonstrative evidence, provide guidance to attorneys seeking damage awards, prepare witnesses to testify. subscribe ti the ethical code of attorneys

chapter 2

adversarial system

the exhibits, evidence, and witnesses are assembled by representatives of each side to convince the judge or jury that their side’s viewpoint is truthful. In a jury trial the evidence presented by those involved in the litigation and their attorneys. (Used in the US)

inquisitorial approach

judge has more control over proceedings, and questioning of witnesses is conducted almost exclusively by the presiding judge. the two sides do not have separate witnesses and testify for the judge’s benefit.

myside bias

manifests itself in favorable impression of oneself and unfavorable perceptiosn of one’s adversary

benefits of adversarial systems

have been shown to have less-biased decisions and were more likely to be seen as fair by both parties

black-letter law

laws are designed to specify precisely what conduct is illegal

attribution theory

internal, stable, global attributes result in an offender being seen as more culpable and deserving of punishment

fundamental attribution error

when making inferences about what caused another person’s behavior, we tend to attribute the cause to dispositional influences or stable factors that are internal to the person

self-serving bias

when our own actions lead to negative outcomes, we are more likely to blame the situational infleunces or external environment for the outcome

Distributive Justice

individuals are accepting of decisions and believe disputes have been resolved appropriately if the outcomes seem just or equitable.

procedural justice

if the individuals view the procedures of dispute resolution as fair, they will view the outcomes as just, regardless of whether it favors them

commonsense justice

refers to ordinary citizens’ basic notions of what is just and fair

discrepancies between jurors’ intuitions and legal concepts

• the commonsense context is typically wider than the law’s

• commonsense perspectives on the actions of a defendants and victim are more subjective than the law allows

  • observers take a proportional approach to punishment

diversion

may occur upon one’s first encounter with law enforcement or when the case is referred to problem-solving courts

problem solving courts

deal with the underlying reasons that individuals commit crimes in the first place

state courts consists of

50 separate state courts in the US, divided into lower courts, trial courts, and appellate courts

state courts

trial courts typically decide any case that concerns a violation of state laws

federal courts

have jurisdiction over cases arising under the constitution or U.S. laws but typically do not have jurisdiction over cases arising under state law.

federal courts consists of

13 federal courts of appeals, trial courts, and the U.S. Supreme Court

federal trial courts are called

U.S. District Courts

federal appellate courts are called

U.S. Courts of Appeals

federal courts of appeals are assigned to three-judge panels

• panel examines the record or the documents that the lawyers believe that the judge need in order to decide the case and read the briefs or the lawyers’ written arguments

• listen to the oral argument or the lawyers’ debate about the case

  • decides the case by majority vote, and one of the judges writes an opinion explaining why the court decided as it did

U.S. Supreme Court

justices are appointed by the president and confirmed by the Senate. has the authority to review all cases decided by the federal appellate courts. has the authority to review state court decisions that involve constitutional or federal law issues.

how judges are selected

most state court judges face elections. state governor makes an initial appointment and the judge is then retained or not in a popular election

legal formalism

apply legal rulings in a careful, rational, mechanical way with little influence from political/social influence

legal realism

decisions are influenced by psychological, social, and political factors and are not wholly rational and mechanical.

motivated reasoning

when people have opinions about desired outcomes, those goals direct how they seek out and weigh empirical evidence

the two proposed process models of human judgment for understanding how judges make decisions

intuitive processes and deliberative process

intuitive processess

occur spontaneously, often without careful though or effort

deliberative process

involve mental effort, concentration, motivation, and the application fo learned rules

government lawyers only have one client

the governmental unit for which they work

head prosecutors for cities and counties

typically called states’ attorneys or district attorneys they are elected into their position

public defenders

lawyer for people who cannot afford to hire a lawyer

legal education focuses on

fostering analytic skills and deepening one’s knowledge of the law

Deci and Ryan’s (2000) self-determination theory of optimal motivation

explain the situational and personality factors thatcause positive and negative motivation and, eventually, changes insubjective well-being.

intrinsic motivation

desire to do something because of innate enjoyment in the activity

extrinsic motivation

motivation which comes from external rewards outside the self

overconfidence bias

people generally do tend to be more confident than correct

probabilistic estimates

lawyers have to make optimistic predictions about case outcomes years in advance of the outcomes

Wistrich and Rachlinski(2013) determined

lawyers, like judges, rely on intuitive cognitive mechanisms rather than deliberative processes to evaluate cases.

chapter 3

criminology

the study of crime and criminal behavior

forensic psychology and correctional psychology

the patterns of thinking and behavior associated with criminal offending are also the focus

social psychology

the process of influencing others to commit crime has been discussed

important theories for explaining and classifying crime

risk-need-responsivity model and good lives model

non-violent crime in the US

property crime, burglary, theft, and motor vehicle theft

violent offenses in the US

homicide, attempted homicide, school violence, sexual assault, armed robbery, and other offenses against persons that cause death or great harm

reducing school violence

• requiring school uniforms

• beefing up security measures

• passing tougher gun laws

• offering violence prevention programs

• restricting access to violent movies

• increasing communication between students and school administrators

• threat assessment using a multidisciplinary team

workplace violence

Violence in the workplace involves harm threatened or deliberately inflicted on one or more individuals where they work. It's frequency has decreased over the last 20 years

mass killings

the killing or attempted killing of four or more individuals, mass killings are statistically rare

Italian intellectual Cesare Beccaria & British philosopher Jermey Bentham believed

that lawbreaking occurred when people freely chose to behave wrongly when faced with a choice between right and wrong.

People choose crime

when the gain from the crime outweigh the losses it entailed

Positivist school of criminology

Emphasized factors that they believed determined criminal behavior

Sociological theories

maintain that crime results from broad social or cultural forces that are external to any specific individual; exist prior to any criminal act; and emerge from social class, political, ecological, or physical structures affecting large groups of people.

Structural explanations

a key concept of structural approaches is that certain groups of people suffer fundamental inequalities in opportunities to achieve the goals values by society.

subcultural explanations

Emphasize that dysfunctional social arrangements thwart people's efforts toward legitimate attainments and result in their breaking the law

Biological theories of crime

stress genetic influences, neuropsychological abnormalities, and biochemical irregularities.

what could increase impulsivity and propensity to antisocial behavior

 a combination of an adverse experience (child mal-treatment) and a biological risk factor (low MAO-A)

in twin studies if the monozygotic concordance rate is significantly higher

the investigator concludes that the behavior in question is genetically influenced

EEG irregularities may indicate

neurological deficits that result in poor impulse control and impaired judgment.

Autonomic nervous system difference

some who commit crime show chronically low levels of autonomic arousal and weaker physiological reactions to stimulation

Physiological differences of influences on crime

Abnormally high levels of testosterone, Increased secretion of insulin, and Lower levels of serotonin

Psychological theories emphasize

that crime results from personality attributes that are uniquely possessed, or possessed to a special degree, by the potential criminal.

Glenn Walters developed

the Psychological Inventory of Criminal Thinks Styles (PICTS) which measures cognitive patterns that are supportive of offending