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daubert standard
rules judges use to decide if science is allowed in court
daubert guideline 1
can the science be tested?
daubert standard 2
has other scientists checked it (peer review)?
daubert guideline 3
how often is the science wrong (error rate)?
daubert guideline 4
do most experts agree with it?
psychologist culture
cares about truth, uses careful language, talks in probabilities
lawyer culture
cares about winning, wants yes/no answers, speaks confidently
why psychologists and lawyers clash
one is careful and slow, and the other is fast and aggressive
how psychologists and lawyers can work better together
psychologists explain clearly; lawyers respect uncertainty
sigmund freud
early psychologist who said memory and the mind are not perfect
Hugo Munsterberg
first person to connect psychology to law and courts
why Munsterberg was important
showed eyewitness memory and confessions CAN be wrong
Jenkins v United States (1962)
psychologists can testify as expert witnesses
brown v board of education
psychology used to show segregation harms children
brandeis brief
legal arument that uses science and social facts, not just law
amicus curiae
a “friend of the court” who gives extra information
difference between brandeis brief and amicus curiae
brandeis = type of info; amicus = who gives it
Miranda Warning
police must tell suspects they have the right to stay silent and get a lawyer
why miranda warnings don’t work well
people don’t understand them or think talking will help
false confession
when someone admits to a crime they did not do
why false confessions happen
fear, stress, pressure, exhuastion, wanting it to stop
one way to reduce false confessions
record the full interrogation
another way to reduce false confessions
limit long questioning and police lying
Reid Technique
aggressive interrogation style used in the U.S.
Problem with Reid Technique
high risk of false confessions
PEACE technique
calm, fair interrogation method used in the UK
why PEACE is better
less pressure and fewer false confessions
Nonverbal cues to lying
stuttering, sweating, avoid eyecontact, extreme blink count, body language, latency
why body language is unreliable for lie detection
nervousness doesn’t always mean lying
paul ekman
psychologist who studied facial expressions
facial action coding system (FACS)
system that studies tiny facial muscle movements
microexpressions
very fast facial expressions that show real emotion
polygraph
machine that measure body reactions, not lies
what polygraphs measure
heart rate, breathing, sweating
control question test (CQT)
compares stress from control vs crime questions
guilty knowledge test (GKT)
checks if suspect knows secret crime details
most accurte polygraph technique
guilty knowledge test (GKT)
1976 Chowchilla bus kidnapping
case where hypnosis was used on witnesses
why hypnosis is bad for eyewitness memory
can create false memories and overconfidence
why people waive miranda rights
they think talking will help or that they don’t need a lawyer
big forensic psychology idea
memory and confessions are not always reliable