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Brady Rule
mandates that prosecutors must disclose to the defense any evidence in their possession that is both material and exculpatory, meaning it could potentially exonerate the defendant to reduce their sentence
Anchoring and Adjustment Bias
occurs when individuals are strongly influenced or “anchored” by an initial starting value and when, in subsequent decisions, they do not sufficiently adjust their judgements away from this starting point
Framing Effects
the way decision alternatives are presented (or framed) as either gains or losses can have significant impact on a persons choice
Heuristics
a mental shortcut or educated guess used to help solve a problem
Authority
the power or right to give orders, make decisions, or enforce obedience
Charge Bargaining
a form of plea bargaining in which a prosecutor reduces the number or severity of charges against a criminal defendant in exchange for a gulity plea
Sentence Bargaining
where the prosecutor recommends a reduced sentence in exchange for the guilty plea
Fact Bargaining
involves the prosecution and defense agreeing in specific facts of the case, rather than the charges or sentences in exchange for reduced sentences or dropped charges
Exculpatory
tending to clear a defendant of fault or guilt
Overconfidence Bias
the tendency to hold an unrealistically optimistic view of the likelihood of a favorable outcome in a litigation
Self-serving Bias
the tendency to interpret information or make decisions in ways that are consistent with one’s own interests, rather than in an objective fashion
Temporal Discounting
the tendency to value immediate rewards more highly than future rewards
Belief in a Just World
the tendency to believe that the world is inherently fair and that people get what they deserve, with good things happening to good people, and bad things happen to bad people
Illusion of Transparency
people overestimate how much their internal thoughts, feelings, and emotions are known or understood by others
Loss Aversion
cognitive bias where the pain 0of a loss is felt more strongly than the pleasure = of an equivalent gain, leading people to prefer avoiding losses or acquiring gain
Adjudicative Competence
the legal capacities necessary fo a defendant to stand trial or otherwise resolve criminal charges
Competence
a individual’s capacity to understand and behave in a way specified by the particular legal question
Brawner Rule
this rule states that a defendant is not responsible for criminl conduct when, because of mental disease or defect, he or she lacks substancial capacity either to appreciate the criminality (wrongfulness) of the conduct or to conform his or her conduct to the requirements of the law
M’Naghten Rule
one test for the insanity defense. Under this rule, defendants may be deemed insane by the court if because of a “disease of the mind,” they 1) did not know what they were doing or 2) did not know that what they were doing was wrong
Mens Rea
a guilty mind. One of the two elements that must be proven by the prosecution (the other being “a guilty act”) in order to obtain a criminal conviction
Guilty But Mentally Ill
a legal verdict that acknowledges a defendant’s guilt for a crime while also recognizing their mental illness at the time of the offense, leading to both punishment and potential treatment.
Not Guilty By Reason of Insanity
a legal defense in crimnal cases where the defendant argues that they were mentally ill at the time of the crime and therefore are not responsible for their actions
Ultimate Opinion Testimony
testimony that offers a conclusion about the specific defendant or a specific witness, in contrast to testimony about a general phenomenon
Malingering
the deliberate fabrication or exaggeration of physical or psychological symptoms in order to gain an advantage
Authoritarianism
a set of beliefs and characteristics that includes submissiveness to authority, demands for obedience from subordinates, intolerance of minorities and other outgroups, and endorsement of the use of power and punishment to ensure conformity to conventional norms
Black Sheep Effect
the tendecny to be more punitive toward those members of one’s group who violate the norms of the group
Challenges for Cause
occurring during jury selection, such challenges can be made by an attorney seeking to excuse a potential juror on grounds of bias. In addition, a judge may excuse a prospective juror for cause without a request to do so from either attorney.
Change of Venue
moving a trial to another locality, usually because extensive pretrial publicity has prevented the assembling of an unbiased jury.
Generic Prejudice
prejudice arising from media coverage of issues not specifically related to particular case but thematically relevant to the issues at hand
Implicit Personality Theory
a person’s preconceptions about how certain attributes are related to one another and to behavior
Need for Cognition
the inclination to engage in and enjoy effortful cognitive work
Peremptory Challenges
opportunities available to each attorney during jury selection to exclude potential jurors without having to give any reason.
Scientific Jury Selection
the application of social sciences techniques and expertise to choose juries that are more likely to favor a particular side in a trial
Similarity-leniency Hypothesis
the hypothesis that fact finders treat those similar to themselves more leniently than they treat those they perceive as different from themselves
Social Desirability Effect
people’s wishes to present themselves in a socially appropriate and favorable way and the influence of such wishes on their behavior
Source Monitoring
the ability to accurately identity the source of one’s memory
Specific Pretrial Publicity
media coverage concerning the details of one specific case prior to trial
Venire
a panel of prospective jurors drawn from a large list
Voir Dire
the process by which the judge and/or attorney’s ask potential jurors questions and attempt to uncover any biases
Modern Racism
the subtle and often unconscious form of prejudice where individuals express negative attitudes toward racial minorities while ostensibly upholding egalitarian values (all people deserve equal rights)
Evidentiray Strength
the quality, reliability, and presuasiveness of evidence
Extralegal Information
refers to information or actions that are outside the scope or authority of the law. It’s anything not regulated or sanctioned by law
Inadmissible Evidence
evidence in a legal proceeding that the court holds cannot be admitted, and therefore cannot be considered by the fact finder
Juror Bias
the tendency of any juror to use irrelevant, inadmissible, or extralegal evidence or considerations in the course of legal-decision making
Jury Nullification
when a jury acquits a defendant, even if they believe the evidence proves guilt, because they disagree with the law or its application in the specific case, essentially disregarding the law in favor of their own moral or ethical judgement
Common Sense Justice
ordinary citizens’ basic notions of what is just and fair in contrast to the dictates of formal, statutory law
Pre-decisional Distortion
a phenomenon by which jurors’ initial inclinations influence the way they interpret evidence presented during trial
Primacy Effect
the influence of information that is presented first, or early in a series
Reactance Theory
a theory proposing that if something is denied or withheld from a person, the person’s desire for it will increase
Recency Effect
the influence on memory and decision making of information tha tis presented last or later in the series
Schema
an individual cognitive framework or set of preconceptions that helps a person attend to, organize, and interpret information
Thought Suppression
the attempt to avoid thinking about something specific
CSI Effect
the perceived influence of crime-based television shows, like CSI, on jurors expectations and decisions in criminal trials, potentially leading to higher standards of proof and more acquittals