Comprehensive Review of Lie Detection, Eyewitness Memory, False Confessions, Insanity, Competency, and Juvenile Justice

What is lie detection?

Methods used to infer deception, including polygraph tests, behavioral cues, and brain measures.

Concealing

Keeping certain information
hidden

Falsifying

Providing false information as if it
were accurate

A confession is only admissible in court if it is

Knowingly,Intelligently, and Voluntarily given

encoding

(Gathering): info comes in

storage

(holding): store memory

retrieval

(accessing): access memory

Irresistible impulse rule

focusing on whether a mental disease prevents defendants from controlling their actions. 

This rule allows a defendant to be found not guilty ifthey demonstrate that, due to mental illness

What does a polygraph measure?

Physiological arousal such as blood pressure, heart rate, and respiration, not actual lies.

When was the polygraph invented?

Around 1921.

What legal act limited the use of polygraphs in the workplace?

The Polygraph Protection Act of 1988.

What is the Control/Comparison Question Test (CQT)?

The most common polygraph procedure that compares responses to control questions with relevant questions.

What are the weaknesses of the Comparison Question Test?

Lack of standardization, countermeasures, and differential emotional reactivity.

What does the Guilty Knowledge Test (GKT) measure?

Recognition of crime facts and is more promising under specific conditions.

misinformation effect

Post-event misleading information alters recall, leading to memory impairment.

source confusion

Forgetting the origin of a memory, leading to false attribution.

Schema/script distortion

schemas fill in expected details that weren’t present.

What are flashbulb memories?

Vivid, emotionally charged recollections perceived as accurate but can decay and be inaccurate.

What is the significance of eyewitness testimony in court?

It is extremely persuasive but a leading cause of wrongful convictions.

What are the main problems with line-ups?

Biased administrators, poor fillers, and post-identification feedback.

What are APLS recommendations for line-ups?

Use video-recorded pre-lineup interviews, double-blind line-ups, and appropriate fillers.

What is the Reid Technique?

A widely used 9-step interrogation structure involving tactics like isolation and certainty of guilt.

Miranda Rights

Right to remain silent. Anything said can be used in court. Right to an attorney; if you cannot afford one, one will be provided. Miranda applies to custodial interrogation. 

Why do Inncocent people waive rights?

• Truth will come out  

• Leading cause is eyewitness testimony  

• 1/3 people who didn’t commit crime confess  

Voluntary confession

offered without police prompting (e.g., pathological confessor, desire for notoriety).  

compliant confession

given to escape pressure, avoid punishment, or gain promised benefit (exhaustion, fear).  

Internalized confession

suspect comes to believe they committed the act (memory distortion due to suggestions/deceptive evidence).  

What psychological factors can lead to false confessions?

Coercion, misinformation, sleep deprivation, and suggestibility.

What is the core idea of insanity in criminal responsibility?

It addresses the mental state at the time of the offense and whether the defendant lacked culpable mental state.

What is the difference between insanity and competency?

Insanity refers to the mental state at the time of the offense, while competency refers to the present mental state.

What are the APLS recommended reforms for interrogations?

1. Videotape interrogations

2. set time limits

3. ensure appropriate adult support for juveniles.

4. Probable cause before interrogation

5. Expert testimony on confession reliability at trial

What is the significance of immediate post-identification confidence statements?

They should be recorded before any feedback to avoid bias.

What is the role of juror confidence in eyewitness testimony?

Initial confidence is more diagnostic than later courtroom certainty.

What is the weapons focus effect?

A phenomenon where the presence of a weapon distracts from other details of a crime.

What are the implications of the Manson criteria?

They assess the reliability of eyewitness identifications based on factors like opportunity to view and certainty.

What is the impact of feedback on eyewitness confidence?

Feedback can inflate confidence levels, affecting the reliability of testimony.

What is the importance of appropriate fillers in line-ups?

Fillers should match the description and not stand out to ensure fair identification.

What is the purpose of pre-lineup instructions?

To inform witnesses that the suspect may not be present and to discourage guessing.

What are the consequences of false memories in eyewitness testimony?

They can lead to wrongful convictions and distorted recollections.

What is the M'Naghten Rule?

A test focusing on cognitive ability, determining if the defendant knew the nature and quality of the act or that it was wrong.

What does the Durham/Product Rule state?

The act must be a product of mental disease or defect; it is considered very liberal and has faced criticism.

What is the ALI/Model Penal Code test?

A test that requires the defendant to understand the wrongfulness of their actions and to conform their behavior to the law, incorporating both cognitive and volitional aspects.

What was the Insanity Defense Reform Act (IDRA) of 1984?

A response to the Hinckley verdict that removed the volitional prong for federal cases and placed the burden of proof on the defendant.

What impact did John Hinckley Jr.'s NGRI verdict have on the legal system?

It led to the IDRA and a political backlash, shifting the burden and standards for insanity defenses federally.

What do the terms actus reus and mens rea refer to?

Actus reus refers to the criminal act, while mens rea refers to the criminal intent at the time of the offense.

What does GBMI stand for?

Guilty But Mentally Ill; it is an alternative verdict acknowledging mental illness but resulting in a guilty verdict.

What is malingering in the context of insanity evaluations?

The risk of faking insanity or exaggerating symptoms during evaluations.

What are the Dusky prongs for competency to stand trial?

1. Sufficient present ability to consult with a lawyer with a reasonable degree of rational understanding.

2. Rational and factual understanding of the proceedings.

What is the significance of the case Atkins v. Virginia?

It established that individuals with intellectual dysfunction (IQ 70 or lower) cannot be executed.

What is Battered Woman Syndrome (BWS)?

A subset of PTSD characterized by learned helplessness, hypervigilance, and emotional numbing, often used in court to explain self-defense.

What are the two phases of Rape Trauma Syndrome (RTS)?

1. Acute Phase: Shock, fear, denial, anxiety.

2. Long-term Reorganization Phase: Depression, sexual dysfunction, PTSD symptoms.

How do BWS and RTS relate to PTSD?

Both are syndrome-level conceptualizations of trauma reactions and share symptoms that map onto PTSD clusters.

What are some risk factors for intimate partner violence?

Low self-esteem, exposure to violence in childhood, substance abuse, and power/control imbalances in relationships.

What are the three phases of Walker's Cycle of Violence Theory?

1. Tension-building phase, 2. Acute battering incident, 3. Honeymoon phase.

What cognitive and emotional development differences exist in juveniles?

Juveniles have a developing prefrontal cortex, weaker impulse control, and a greater capacity for rehabilitation due to neuroplasticity.

What is a discretionary waiver in the juvenile justice system?

A process where a judge decides whether a juvenile should be transferred to adult court based on their amenability to rehabilitation.

What is the significance of the case Madison v. Alabama?

It focuses on the rational understanding of punishment in the context of competency to be executed.

What landmark case addressed involuntary medication of inmates?

Washington v. Harper, which ruled on the involuntary administration of antipsychotic medication.

Indiana v. Edwards, 2008,

Competency to plead guilty / waive counsel

• allows a higher standard for self-representation  

 

Perry v. Louisiana

ruled that the forcible medication of individuals to render them competent to be executed is impermissible. 

What is the difference between competency and insanity?

Competency assesses present ability to participate in legal proceedings, while insanity addresses mental state at the time of the offense.

What assessment tools are frequently used for competency evaluations?

MacCAT-CA, ECST-R, FIT, Competency Screening Test, and MMPI-2.

What is the primary focus of competency evaluations?

To assess a defendant's present ability to understand and participate in legal proceedings.

What does the term 'syndrome' refer to in psychological contexts?

A pattern of symptoms or behaviors that occur together but are not official diagnoses.

What is the role of cultural norms in intimate partner violence?

Cultural norms that support male dominance can contribute to the prevalence of IPV.

What is the importance of understanding the relationship between BWS/RTS and PTSD in legal contexts?

It provides a standardized diagnostic framework for court and clinical contexts.

What is a Direct File in juvenile court?

prosecutor decides

What is a Mandatory Waiver?

Clearly identified in law and judge has no discretion (automatic transfer)

What defines a Presumptive Waiver?

There automatically and will hold unless proven. Judge has discretion

What is a Reverse Waiver?

A situation where a case starts in adult court, but the juvenile can petition to have it returned to juvenile court.

What is Blended Sentencing?

A sentencing approach that incorporates components of both juvenile and adult sentencing.

What does it mean that once waived into adult court, a juvenile is always considered an adult?

Once a juvenile is transferred to adult court, they are treated as an adult for all future legal proceedings.

What are some individual risk factors for juvenile delinquency?

Early conduct problems, ADHD, impulsivity, substance use, and low IQ/school failure.

What family factors contribute to juvenile delinquency?

Harsh or inconsistent parenting, abuse/neglect, parental criminality, and family conflict.

What peer-related factors increase the risk of juvenile delinquency?

Association with deviant peer groups and gang involvement.

What community factors contribute to juvenile delinquency?

Poverty, exposure to violence, low school support, and neighborhood disorganization.

What are some protective factors against juvenile delinquency?

Strong, positive adult relationships, school engagement, prosocial peers, good self-regulation skills, access to mental health treatment, and a stable home environment.

What are juvenile psychopathy-like traits?

Callous-unemotional traits, impulsivity, and lack of empathy, which are not equivalent to adult psychopathy.

What landmark ruling did Kent v. United States establish?

It established that waiver hearings must provide basic due process, including the right to counsel and access to records.

What rights were granted to juveniles in In re Gault?

Juveniles were granted rights such as notice of charges, right to counsel, right against self-incrimination, and right to confront witnesses.

What was established in In re Winship regarding juvenile cases?

The standard of proof in juvenile cases is 'beyond a reasonable doubt' rather than 'preponderance of evidence.'

What does Breed v. Jones establish about juvenile trials?

It establishes that double jeopardy applies to juveniles, meaning they cannot be tried in juvenile court and then retried in adult court for the same act.

What does the Reid Technique involve in interrogation?

It involves isolation, confrontation, maximization, and minimization to elicit confessions.

What are the tests for legal insanity?

Wild Beast, M'Naghten, Durham, ALI, and IDRA.

What is the Dusky standard for competency?

It requires factual understanding, rational understanding, and the ability to consult with an attorney.

What is the prevalence of Intimate Partner Violence (IPV)?

Approximately 1 in 3 women and 1 in 4 men experience IPV; about 1 in 5 women are sexually assaulted.

What are the phases of Walker's Cycle of IPV?

Tension-building, acute violence, and honeymoon phase.

What is the significance of the term 'mens rea'?

It refers to the mental state or 'guilty mind' required for a crime.

What does 'actus reus' mean?

It refers to the physical act or 'guilty act' involved in committing a crime.

Stats for IPV

• ~1 in 3 women & ~1 in 4 men experience physical IPV in their lifetime. 

• ~1 in 5 women experience severe physical violence. 

• ~1 in 5 women & ~1 in 14 men experience sexual assault.