FORENSIC FINAL CONTENT

guys lock in trust

TRACE information

Evidence at the scene to trace an offender

Profiling and Trait Theory

Early work by Gordon Allport suggested that people have stable “dispositions” or cardinal traits that guide their personalities

Clinical profiling model (US)

Goal is to create a psychological profile of the offender in order to identify who it is

Experimental model (UK)

Goal is to create a statistically-based profile of factors related to the location of the offender and their crimes

Criminal Profiling

The scientific analysis of trace psychological evidence to assist with the detection, suppression and knowledge of criminal behaviour

FBI Profiling Process

Stage 1: Data Assimilation stage - collecting case-related data

Stage 2: Crime Scene classification - examining whether it is organised or disorganised

Stage 3: Crime Scene reconstruction - using info from st. 1 + 2

Stage 4: Profile Generation - physical elements and personality identifiers

Modus Operandi

The particular way a person performs a particular task

Signature

A specific and identifiable action or characteristic of the offender that reflects their nature

Visionary Killers

Acting on perceived voices or images instructing him to kill a particular person (or type) - disorganised crime scene

Mission Killers

Motivated by a decision that a person is unacceptable and should therefore be removed (missing weapon, throat cutting)

Lust Killers

Motivated by s*x and is part of the process by fulfilling their s*xual lusts

Thill Killers

Motivated by the pleasure they experience from the event. Generally includes evidence of prolonged torture

Power/Control Killers

Motivated by the need to extend the ultimate control or power over a victim. May be reflected by type of weapon and location of offence.

Experimental Profiling Model Process

Step 1: Data - location, time, evidence analysis

Step 2: Pattern identification

Step 3: Alignment of trends with psychological knowledge - location selection, evidence, interpersonal coherence

Step 4: Use of analysis - location of next crime, residence etc

Safety steps

• Alter habits, routes, behaviours

• Be aware of social media content

• Be aware of personality traits, make sure they’re not easily manipulable

Intervention Criminal Profiling

Gaining a scientific understanding of an individual to predict their likelihood of repeating the behaviour of interest

Questioning

Goal is to encourage a person to provide reliable information on an offence

Interviewing

Goal is to encourage person to provide confirmation of known elements of an offence

Interrogation

Goal is to acquire confession regarding an offence

Tag Questions

Question at the end of a statement

Intensifiers

Phrases that overemphasise a statement

Hedges

Phrases that indicate a level of being unsure

Paralanguage

Non-verbal vocal cues

Eye Contact

• Controls conversation

• Expresses emotion

• Indicates honesty

Gestures

Signs or motions used to enhance communication

Emblems

Substitute for words and phrases

Illustrators

Accompany and reinforce verbal messages

Affect Displays

Indicate emotional meaning

Regulators

Controls conversation

Intimate Distance

15-45cm - very high comfort/trust level

Personal Distance

46-100cm - moderate trust/comfort level

Social Distance

1-4m - professional level of interaction

Public Distance

4-8m - Formal level of interaction

Ritualistic Touch

Social convention touch (handshake)

Task-related Touch

Successful completion of an objective (dance positioning)

Questioning Components

• Establish rapport

• Specific and purposeful questions

• Clear communication

• Emotional provocation

Interviewing Components

• Managing the environment

• Establishing and maintaining control

• Detecting deception

Interrogation Tactics

• Isolation

• Minimisation

• Maximisation

• False evidence approaches

Zero Sum Game

Decision making in a competitive environment (one person can only win if the other loses)

Non-Zero Sum Game

Decision making in a potentially cooperative environment

Prisoner’s Dilemma

Gives a person the motivation to give up the other person

Self-Monitors

• Accurate and quick profilers

• Effective actors

• Willing and motivated

Goals of Pre-trial Procedures

• The individuals involved understand the judicial process

• The individuals involved are not impaired in their ability to competently participate

• The jury is not impacted by the local environment or bias

Competency Requirements

Need to understand:

• Basic concepts related to the trial

• Roles of the main actors in the trial

• Their legal/constitutional rights

• Factual understanding of the proceedings against them

The Jury

Ultimate trier of fact when summoned

Grounds for change of venue in Victoria

• Pre-trial publicity

• Impartiality concerns

• Convenience

• Cultural sensitivity

Change of venue survey process

1: Reliable base rate sample - eligible jurors from community of interest

2: Reliable comparative sample - eligible juror from similar community

3: Questions - asking questions reflecting those asked within the legal context

4: Analysis - data analysis

5: Evidence - expert explains significance

Challenge for cause

Removal of a juror based on proof or demonstration of a bias that would impede their ability to be objective

Peremptory challenges

Removal of a juror with no basis for dismissal required

Venire

Jury pool

Voir Dire

Purpose is to examine those in the venire to select the final 12 jurors.

Australian approach

Challenge for cause (unlimited)

Peremptory challenges (limited number and info)

US approach

Challenge for cause (unlimited)

Peremptory challenges (limited number and lots of info)

Canada approach

Challenge for cause (unlimited)

No peremptory challenges

Expanded jury instructions

Authoritarianism

The degree to which an individual follows orders or instructions from a higher authority

Authoritarianism —> Science

Measured through F-scale

Authoritarianism —> Art

Behavioural cues such as:

• Lack of eye contact

• Body language such as head nodding

• Verbal cues such as “yes sir”

Need for Cognition

The degree to which an individual has a need to understand the issues, information and materials presented to them

Need for Cognition —> Science

Measured through Need for Cognition scale (measuring desire for complex, effortful thought)

Need for Cognition —> Art

Behavioural cues such as:

• Verbal communication that illustrates deep thought

• Body language related to thinking

• Type of reading material

Opening Statements

Prosecution followed by defence

Presentation of evidence

Prosecution followed by defence (witnesses examined and cross-examined)

Closing Statements

Prosecution followed by defence

Deliberations

Held in private

Verdict

Finding of guilty or not for each charge

Sentencing

Imposed by magistrate

Attributions of Causality

Judgements about the cause of behaviours of others or us

Social Cognition

The ability to gain an understanding of how people make judgements by examining how they employ a variety of cognitive processes to evaluate social information.

Input Biases

• Vividness

• Negativity

• Primacy

Processing Biases

• Representative Heuristic

• Illusory Correlation

• Framing

Output Biases

• Response Bias

• Functional Fixedness

Vividness

The tendency to place extra cognitive weight on information that is bizarre, abnormal or dramatic

Negativity

The tendency to place extra cognitive weight on information that portrays individuals, issues and objects in a less favourable light.

Primacy

The tendency to place extra cognitive weight on earlier information and less on later information.

Representative Heuristic

The tendency to employ emotionally evoking stimuli and false beliefs rather than logic and common-sense (gambler’s fallacy).

Illusory Correlation

The tendency to believe that two events are causally related due to occurring in close proximity.

Framing

The tendency to be influenced by concentration on a cognitive anchor and framing a decision around it.

Response Bias

The tendency to behave contrary to one’s decision due to social influences.

Functional Fixedness

The inability to apply a logical decision due to the cognitive categorisation one holds about another person.

Primary Attribution

When deciding on the the cause for the behaviour of other who we do not know very well, we have tendency to make an immediate dispositional or situation judgement.

Fundamental Attribution Error

When deciding on the cause for the negative behaviour of others, we have a tendency to over-emphasise dispositional factors and under-estimate situational factors.

Actor/Observer Bias

When deciding on the cause for the behaviour of ourselves and others, we have a tendency to view our negative behaviours as situational and our positive behaviours as dispositional while doing the opposite for others.

Head vs Heart: Trier of Fact

Cognitive approach is most often used with a judge, either is used with a jury

Head vs Heart: Level of Emotional Content

A higher level of emotional content can mean a more successful emotional presentation.

Head vs Heart: Jury Demographic

Composition of jury may dictate the approach employed

Head vs Heart: Defendant/Victim Appeal

Less appealing individuals may indicate a cognitive approach is better suited

Attorney Tactics

• Vivid Language

• Repetition

• Loaded Questions

• Subtle Shifts in Wording

• Definitional Tactics

• Establishing and Disrupting Connections in the Stories Being Told

Expert Evidence Legal Standard

• Subject matter is so complex that the average person cannot understand

• Must be qualified

• Must be scientific acceptance of the information presented by the witness

Insanity Elements

• Defendant suffering from a “defect of reason from a disease of the mind”

• Defendants do not know the nature and quality of the act he was doing

• An inquiry has been carried out to determine whether the defendant knew that he was doing was wrong

Definitional Instructions

Framework to guide the jury’s deliberations and decisions - least likely to be understood

Substantive Instructions

Clarification of legal terms

Cautionary instructions

Summary of evidence - most likely to be understood

System Variables

Factors impacting eyewitness reliability that the criminal justice system can control

• Line up construction

• Line up instructions

• Post line up feedback

• Interviewing techniques

Estimator Variables

Factors impacting eyewitness reliability that the criminal justice system cannot control and therefore can only estimate the level of impact they have

• Attention

• Stress/arousal

• Event duration

• Weapons effect

• Lighting conditions

• Personality

Psychological Contributions to Jury instructions

• Important to provide pre-task

• Jurors are least likely to comprehend definitional instructions

• Inclusions of a nullification instruction impacts decisions

Individual Deterrence

Goal is to stop the specific individual from engaging in the same offending behaviour in the future.

General Deterrence

Goal is to stop similar others from engaging in similar offending behaviours

Incapacitation

Goal is to stop the specific individual from engaging in all offending behaviour by placing them in a secure environment

Retribution

Goal is to “take” something of equal value from the offending individual

Rehabilitation

Goal is to try and change the individual so they no longer wish to engage in offending behaviour