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Encoding
Gathering/depositing. Gathering info and putting it in form that can be held in memory. Moving from WM to LTM.
Storage
Holding encoded info in brain over time. Moving from WM to LTM.
Retrieval
Accessing/remembering. Accessing and pulling out stored info at later time. Move from LTM to WM.
Memory Cnstruction/Reconstruction
Filter/fill in missing pieces of info make recall more coherent. We reweave memories and incorporate info we imagined/expected/saw/heard after event.
Source Amnesia
Attribution of event to wrong source that we experienced/heard/read/imagines. Heart of many false memories. Misattribution
Misinformation Effect
Incorporating misleading info into memory of event. Reconstruct memory when questioned about event.
Suggestibility
Children being more suggestible, corrupts testimony/interview when have suggestive/leading questions. Leads to false accusations.
Schema-Driven Memories
Memories that are shaped or created based on our schemas (mental frameworks of knowledge to describe reality). Enhance memory for info that aligns with schema/impair those that don’t fit.
Scripts
Mental blueprints for sequences of events/actions/actors, expectations/prior knowledge. Mostly learned -> LTM, interaction b/w facts and scripts about similar cases (TV/books).
Barlett Study
Recollections not verbatim and reflect cultural biases/interpretations (did not agree on details). Memories of story changed over time, retelling became shorter leaving out ambiguities and supernatural components, recall order based on cause and effect.
Barlett & Scripts
Prior knowledge effects how encode experiences. Force-fit info personal/cultural scripts.
Eyewitness Testimony
Most compelling evidence in court and most persuasive to jury.
Eyewitness Testimony Prevalence
347 cases with only testimony. 74% conviction, 49% based on single witness.
Eyewitness Testimony & Wrongful Imprisonment
Leads to more wrongful conviction that any other evidence. 70% of wrongfully imprisoned (DNA exoneration).
Law’s Memory
Memory is accurate, confidence correlates with accuracy.
Memory Laws
Memory often wrong/distorted (constructed), confidence almost meaningless.
Manson Criteria
Opportunity to view, level of attention, accuracy of match b/w description and suspect, degree of certainty, time lapse b/w crime & ID.
Opportunity to View
Length of time, distance, lighting, angle.
Level of Attentiion
Distracted. Did not know crime was in progress.
Difficulty Applying
Limited ability to evaluate attention/view time, timer overestimation, time effect on witnessing and ID, confidence ¹ accurate, biased questioning/lineup, undue juror faith.
Stress & Memory
Stress effects encoding (vivid but no more accurate). High stress leads to fewer correct IDs and more false positives (guilty decision but actually innocent).
Weapons Effect
Witness focuses on weapon no the assailant, leads to poorer ID rates.
Retrieval-Induced Inhibition
Recalling certain information can inhibit or suppress the retrieval of related, but non-retrieved information.
Memory Confidence
Weakly correlated with accuracy. Correlated with persuasiveness and persuades jurors/judge. Witness investment increases and social pressure to be right so confidence goes up.
Context-Dependent Memory
Memory retrieval enhanced when context during recall march context when info encoded. Should reinstate context at scene to enhance recall.
Confirmation Feedback
Confirming -> greater confidence, better view/attention/longer time.
Estimator Variables
Factors outside the legal system’s control. Ex: View length.
System Variables
Factors under the legal system’s control.
Sequential Lineups
View one person/photo at a time. Reduces relative judgement.
Simultaneous Lineups
Suspect shown all photos at once in grid or array.
Cognitive Interview
Enhance recall. 25% increase in correct recollections. Interview observers at crime scene/imagine back to reinstate context. Witness report everything that recall, even if incomplete/make no sense. Observer recount events in different sequences.
Competence
Whether individual has sufficient ability to perform necessary personal/legal functions. From arrest to sentencing.
Competency Types
Waive Miranda rights, plead guilty, right to attorney. To be executed, make treatment decisions, execute will/contract, take care of finances.
Competency Factors
Understand situation/charges, understand pleas/penalties, roles of judge/prosecution/defense, communicate w/ counsel, aid in developing strategy/cross-exam, make appropriate strategy decisions.
CST Evaluator
Interviews defendant, administrate psych tests, review history, write report.
CST Evaluations
Getting better (more links b/w mental illness & deficits), fail to tie explicit connections. Composed by MH professional, outpatient/inpatient, may recommend treatments.
Beyond Reasonable Doubt
High certainty. Judge and jury fully convinced of guilt. Highest standard of proof.
Preponderance
Defense must probe that it is likely that defendant is incompetent. Judge must be 50% sure.
Presumption of Competency
Defendants presumed to be competent unless proven otherwise.
Competence & Judge Acceptance
Rarely rejected by judge (80-99% accepted).
Competence Restoration
Typically antipsychotic medication treatment that physical side effects. Medication refusal. Held in MH facility, determination about restoration in future (non-restorable charges may be dismissed). Education and treatment.
Malingering
Intentional faking illness motivated by incentives/goals. Fake incompetence to avoid trial/jail. Difficult to detect but tests available.
Insanity
Lacks moral responsibility/culpability, State of mind at crime. Not related to mental illness?
Retribution
Suggest punishment should be proportionate to harm committed. Not fair if don’t understand.
Deterrence
Built on principle that punishment should be used to learn consequences of crime. Not fair if don’t understand.
Insanity Defense
Built on principle that people commit crimes w/o full awareness and should not be punished. Immoral to punish.
Insanity Myths
Insanity defense overused, is low-risk strategy to avoid guilt/gain lighter sentence, highly contested/lack agreement.
Overused
Used in less than 1% of felonies, fails in 75% of cases, defense & prosecution agree 70%.
Low-Risk Strategy
NGRI spend longer time in custody, secure psych hospital better than prison?
NGRI Trends
Trend toward focusing on cognitive ability (right from wrong) and volitional capacity (conform conduct to law).
Infantile Amnesia
Difficulty distinguishing imagined from real before age 5. Ability to encode, store, and retrieve info not fully developed.
Children & Susceptibility
Children are more susceptible to suggestive techniques and reinforcement.
Anatomically Correct Dolls
Can be helpful, also highly suggestible, false positives, no universal protocol.
Children’s Testimony
Hearsay allowed in most states.
Children & Juror Response
Believe children in abuse cases. Young children more believed than adolescents bc sexual maturity (too naïve/not manipulative to lie).
Live Testimony Alternatives
Closed-Circuit Television (CCTV) lowers emotional distress and doesn’t lower conviction rate.
Freudian Basis
Traumatic events repressed automatically and unconsciously. Locked away for years. Unconscious trauma creates manifest symptoms. Use psychoanalytic to retrieve memories.
Lindsay & Read Skepticism
Slow recovery over time where suggestive/coercive therapy occurs, starts as vague images/feelings, repeated abuse (rarely forgotten), memories before age 3-5, rare events (satanic rituals/murder).
Recovered Memories & Therapists
Trauma leads to repression as defense mechanism (real), memories intact but no accessible (unconscious mind), retrieval = symptom relief, accurate accounts.
Recovered Memories & Scientists
Regression unlikely/rare (usually overthink), memories reconstructed/fallible, therapy techniques -> false memories, lack of evidence, false accusations?, easily implant memories.