1/56
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
Who is regarded as the father of modern psychology?
Wilhelm Wundt
Hugo Munsterberg
experimental psychologist who studied under Wundt
wrote On the Witness Stand in 1908 to turn people’s attention to the relationship between psychology and law; met with poor reception
begrudgingly acknowledged as the founding father of psychology and law
first to identify psychological aspects of many things that have become thriving areas of research (witness memory, false confessions, and jury decision making)
Muller v. Oregon (1908)
The Supreme Court ruled that the workday of any woman employed in a laundry or factory should be limited to 10 hours
What were the two events of 1908 that triggered broad recognition among psychologists that their ideas might be used to transform the legal system?
Munster’s Book On the Witness Stand and the case of Muller v. Oregon
Roles of psychologists in the legal system (3)
advisors (trial consultants)
evaluators
reformers (advocate for change based on research)
Amicus Curiae Briefs
means “friend of the court”
presented to judge by someone who is not part of the case at hand but still wants to offer expertise/advice
Commission vs Omission
commission: form of lying where someone says things that are not true
omission: form where someone leaves out relevant information
When was the polygraph most popular?
During the 60s-80s (ESPECIALLY the 80s); lucrative business
resurgence after 9/11
Polygraph Protection Act of 1988
prohibits most private employers from requiring polygraph testing for pre-employment screening or during employment
Control Question Test/Comparison Question Test (CQT)
compares responses to relevant questions (ex: did you shoot your wife) with control questions that have to do with past misdeeds (ex: have you ever betrayed someone’s trust)
the theory is that if the reaction is greater to control questions, the person is not lying
Positive Comparison Test (PCT)
uses the crime relevant question as its own comparison
asks suspect the question twice and instructs them to lie once and tell the truth once, directly comparing the results
Guilty Knowledge Test (GKT)
MCQ test administered during polygraph with questions concerning knowledge only the guilty person would know
measures the responses to the correct answer choice vs the response to the other plausible but incorrect answer choices
Daubert v Merrell Dow Pharmaceuticals
1993 SCOTUS case that held that the admissibility of scientific evidence should be determined on a case-by-case basis during evidentiary hearings
Criteria-based Content Analysis (CBCA)
truthfulness assessment through systematic analysis of written statements
high acceptance in European courts, but validity is questioned
Reality Monitoring (RM)
reliance on written accounts of alleged crimes; real memories tend to have more sensory info and contextual details while imagined memories include more info on mental/cognitive processes taking place
correct classification rate of 69%
Lie-Detection Wizards
42 identified wizards notice more lying cues
these are people who have an unusually high lie detection rate
~80% accuracy
Facial Action Coding System
1970s, set up by Paul Ekman and Wallace Friedman
identifies 43 sets of muscles that often work in tandem to facially express emotion
use micro-expressions that may show up when trying to suppress and emotion
fMRIs
can be used to detect brain activity where lying occurs
can be hard to determine if activity is actually from lying or from a high cognitive load
fMRIs vs EEGs
fMRIs show WHERE lying is happening
EEGs just show that lying is happening
Brain Fingerprinting
uses an EEG to measure suspects’ brain waves when shown information related to the crime
suspect is presented with a series of images or words, some having to do with the crime and some not
What percentage of those exonerated since 1989 until August 2022 falsely confessed?
11.67%
What percentage of suspects give a full confession?
39-48%
What percentage of suspects give damaging statements or partial confessions?
13-16%
What percentage of police-interrogated suspects make self-incriminating statements?
68%
Colorado v Connelly
1986 Colorado Supreme Court case that determined that the US Constitution requires a court to suppress a confession when the mental state of the defendant at the time he made the confession interfered with his rational intellect and free will
Fundamental Attribution Error
the tendency to attribute other peoples’ behavior to dispositional causes (like traits or personality) and to dismiss the situational pressures acting on that person
When did police violence stop being allowed?
it was allowed up until 1930
in 1931, a report on lawlessness and law enforcement changed it to more covert forms of abuse, including deprivation, isolation, and intimidation
psychological abuse is much more common now
Miranda v Arizona
1966 case that resulted in the Miranda Rights
required police to read the rights to suspects prior to any type of interrogation
What are the Miranda Rights?
right to remain silent (anything you say can and will be used against you)
right to an attorney present during questioning
right to have an attorney appointed to you if you can’t afford one
the suspect must acknowledge these rights (“do you understand these rights as I have read them to you?”)
What percent of suspects waive their rights? Why?
80%!
police may read the rights quickly and understate their importance
suspects may be upset when getting arrested and are unable to think clearly/rationally
innocent people are more likely to waive their rights because they believe they have nothing to hide; this puts them at risk of false confession if the interrogation ends up being lengthy and difficult
Reid Technique
9-step technique that represents the general flow of many interrogations
includes 4 psychologically powerful strategies
loss of control
social isolation
certainty of guilt
minimization of culpability
these are meant to be used AFTER gathering evidence
RT - loss of control
the purpose is to make the suspect uncomfortable, make it harder to lie by increasing cognitive load, and increase stress
RT - social isolation
takes away any emotional support/advocacy, so suspect is more likely to be persuaded
RT - certainty of guilt
interrogators convey through words and actions that they believe the suspect is guilty anyway
couple with real or fake evidence ploys
RT - minimization of culpability
lessening the weight of the guilt/wrongdoing
phrases like “I can see why you would do that” or “I’m sure other people would understand”
Naive Model of Suspect Decision-Making
simplified, incomplete model that assumes a suspect’s decisions are based purely on a cost-benefit analysis
no benefits to false confession
costs: arrest, prosecution, punishment
Interrogation-Induced Model of Suspect Decision-Making
views suspects as rational decision makers who must decide how to respond to police pressures during interrogation
benefits of FC: appease interrogators, escape interrogation room, receive more lenient treatment from legal system, avoid harshest punishment
cost: harsh treatment by legal system
What percentage of known wrongful convictions can be attributed to false confessions?
26%
When do false confessions most often occur?
in murder cases
Who is most at risk of falsely confessing?
young people/juveniles
especially when adult techniques are used on them
Why are youth more at risk of false confessions?
the brain is not fully developed, so they are psychologically immature
What causes false confessions generally?
short-sightedness: if the interrogation is long and arduous, the person being questioned might just confess to be let go
innocent people tend to falsely confess because they think they will be able to straighten the details out later since they know they are innocent; not always the case
Types of false confessions (what are the two domains)
instrumental or internalized
voluntary or coerced
four types across these two dimensions
instrumental coerced
most common type of FC
confessing to a crime the suspect didn’t commit
FC given to achieve a specific outcome, such as ending a stressful interrogation
instrumental voluntary
also given to achieve a specific outcome, but with little to no outside pressure
usually to gain something
suspect deliberately chooses to lie for their own benefit or for the benefit of another (maybe protecting someone else)
ex: suspect admits to involvement in a high-profile case to gain notoriety/fame
internalized voluntary
suspect suffers from delusions and confesses with little to no pressure from the interrogation procedure
internalized coerced
the suspect is convinced of their own guilt after long, hard interrogation
may state they don’t remember doing it but believe they did anyway
Visionary Serial Killer
usually psychotic; have visions or believe they hear voices from God or spirits instructing them to kill certain people
Mission-Oriented SK
less likely to be psychotic; motivated by a desire to kill people they regard as evil or unworthy
Hedonistic SK
kill for thrills and take sadistic sexual pleasure in torturing their victims
Power/Control Oriented SK
get satisfaction from capturing and controlling the victim before killing
anchor point
one point in geoprofiling that represents the location from which an offender leaves to attack
buffer zone
an area in which a criminal is less likely to act (like near their home)
principle of distance decay
the probability of an attack decreases as distance from past crime location increases
temporal sequencing
offsets the principle of distance decay
states that over time the geographical range of a serial offender’s crimes will increase
equivocal death
term used in psychological autopsies
death that cannot be quickly categorized using the NASH system and requires further investigation
NASH system
N: Natural death
A: Accidental
S: Suicide
H: Homicide