Chapter Twelve: Law

weapon-focus effect

weapon-focus effect

when a criminal pulls out a weapon, witnesses are less able to identify that culprit than if no weapon is present

cross-race identification bias

people are more accurate at recognizing members

theory of reconstructive memory

after people observe an event, information they receive later about that event becomes integrated into the fabric of their memory

misinformation effect

the tendency for false postevent misinformation to become integrated into peoples memory of an event

post-identification feedback effect

eyewitness who made incorrect identifications and received positive feedback from the experimenter were more confident and reconstructed their entire memory of the eyewitnessing experience

alibis

witnesses of the defendant who help them vouch for their whereabouts at the time of the crime as proof of innocence

physical evidence

ATM receipts, cell phone records, surveillance video

polygraph

electronic instrument that simultaneously records multiple channels of physiological arousal

Implicit Association Test

people are quicker to respond to true statements than to false statements

internalization

innocent people confess because they come to believe that theyre guilty of the crime

impact of confessions

they typically contain a great deal of detail

innocence problem

innocent people who fear ultimate conviction and a harsh sentence sometimes take a plea deal

random sample

a certain number of people from the list are randomly drawn and summoned for duty

voir dire

a pretrial interview in which the judge and lawyers question the prospective jurors for signs of bias

peremptory challenges

lawyers can reject a limited number of prospective jurors even if they seem fair and open minded

implicit personality theory

a set of assumptions that people make about how certain attributes are related to each other and to behavior

stereotypes

when we believe that all members of a group share the same attributes

self-fulfilling prophecy

lawyers might ask questions that confirm their beliefs on their expectations

Scientific Jury Selection

a method of selecting juries through surveys that yield correlations between demographics and trial-relevant attitudes

death qualification

judges may exclude all prospective jurors who say they would refuse to vote for the death penalty

CSI effect

television programs lead jurors to have unrealistically high expectations that cause them to vote cautiously for acquittal because they find the actual evidence insufficient to support a guilty verdict

jury nullification

because juries deliberate in private, they can choose to disregard the judges instructions

leniency bias

the tendency for jury deliberation to produce a tilt toward acquittal

sentencing disparity

punishments for crime are inconsistent from one judge to the next

decision control

whether a procedure affords the involved parties the power to accept, reject, or otherwise influence the final decision

power control

whether a procedure offers the parties an opportunity to present their case to a third-party decision maker

adversarial model of justice

the prosecution and defense oppose each other, each presenting one side of the story in order to win a favorable verdict

inquisitorial model

a neutral investigator gathers the evidence from both sides and presents the findings in court

True or False? Eyewitnesses find it relatively difficult to recognize members of a race other than their own.

True

True or False? The more confident an eyewitness is about an identification, the more accurate they are likely to be.

False

True or False? It is not possible to knowingly fool a lie-detector test.

False

True or False? Without being beaten or threatened, innocent people sometimes confess to crimes they didn't commit.

True

True or False? Contrary to popular opinion, women are harsher as trial jurors than men are.

False

True or False? One can usually predict a jury's final verdict by knowing where the individual jurors stand the first time they vote.

True

adversarial model

A dispute- resolution system in which the prosecution and defense present opposing sides of the story.

cross-race identification bias

The tendency for people to be more accurate at recognizing members of their own racial group than of other groups

death qualification

A jury- selection procedure used in capital cases that permits judges to exclude prospective jurors who say they would not vote for the death penalty

inquisitorial model

A dispute- resolution system in which a neutral investigator gathers evidence from both sides and presents the findings in court.

jury nullification

The jury’s power to disregard, or “nullify,” the law when

it conflicts with personal conceptions of justice.

leniency bias

The tendency for jury deliberation to produce a tilt toward acquittal.

misinformation effect

The tendency for false postevent misinformation to become integrated into people’s memory of an event

peremptory challenge

A means by which lawyers can exclude a limited number of prospective jurors without the judge’s approval.

polygraph

A mechanical instrument that records physiological arousal from multiple channels; it is often used as a lie-detector test

scientific jury selection

A method of selecting juries through surveys that yield correlations between demographics and trial-relevant attitudes.

sentencing disparity

Inconsistency of sentences for the same offense from one judge to another

voir dire

The pretrial examination of prospective jurors by the judge or opposing lawyers to uncover signs of bias.

weapon focus effect

the tendency for the presence of a weapon to draw attention and impair a witness’s ability to identify the culprit

dud effect

an eyewitness’s confidence in a mistaken identification is inflated by the presence of fillers in the lineup that bear no resemblance to the criminal