Final Exam Psych 321

Important event leading to the alliance of psychology and law:

Brown V. Board of Education:
- Blacks and Whites must be together in school
-Pushed forward a lot of things, mainly integration and psych&law

Hugo Munsterberg (1863-1916)

1st to identify major connection between psych&law:
- witness memory
-false confessions
-Jury decision making
"father" of the field

Louis Brandeis, "Brandeis Brief"

A lawyer and jurist, he created the "Brandeis Brief," which outlines the facts of the case and cites legal precedents, in order to persuade the judge to make a certain ruling.

Oliver Wendell Holmes

often considered considered one of the greatest justices in Supreme Court history. His opinions and famous dissents in favor of individual liberties are still frequently quoted today. He argued that current necessity rather than precedent should determine the rules by which people are governed; that experience, not logic, should be the basis of law.

Goals of Psychology:

describe, explain, predict, control

Goals of Law:

Prescriptive, regulate, justice, precedent

Methods of psychology:

finding truth

Methods of Law:

rendering justice

Role of Psychologist in forensics:

the use of psychological knowledge or research methods to advise, evaluate, or reform the
legal system

Psychologists influence the legal system by:

new studies with results, helping move forward
1. Expert Testimony
2. Cross-disciplinary education
3. Amicus Curiae Brief
4. Research findings
5. Legislatures and Public policy

Muller v. Oregon

1908
*Oregon established a law that limited women to ten hours of work in factories and laundries
*Muller, a laundry owner, challenged the legality of the law, arguing that t violated the "liberty to contract"
*Louis Brandeis, one of the attorneys arguing the case used extensive sociological evidence in his brief (the Brandeis Brief), which served as a model for later social reformers
*The Supreme Court held that the law was unconstitutional

Daubert v. Merrell Dow Pharmaceuticals

enormous change in law; burden shifts from scientists to judge and lawyers to decide the reliability of scientific evidence
3 requirements for scientific evidence:
1. Reliability
2. Fit
3. Scrutiny

5 Criteria for Reliability
1. Can it be tested
2. Publication, peer review
3. Known or potential rate of error
4. Standards governing the technique's operation
5. General acceptance

psychological profiling

The attempt to categorize, understand, and predict the behavior of certain types of offenders based on behavioral clues they provide.

Flaws of criminal profiling:

- classifying suspects based upon general characteristics may lead to harassment of innocent people
- not enough studies
-could be wrong and lead into a wrong direction

Profiling in popular culture is:

Simple and unfounded

Scientific research on the effectiveness of profiling is:

extremely limited

Types of crimes where profiling is most often used:

Cases involving serial killers

Organized criminal categorization schemes:

Serial killers who kill by carefully selecting and stalking their victims and planning what
they will do to their victims; they show patience and self-control by waiting for the right
opportunity and then cleaning up evidence after the murder.

Unorganized Criminal categorization schemes:

Serial killers who tend to kill impulsively by picking their victims at random, acting out
of sudden rage or because they hear voices telling them to kill; they are more likely to use
any weapon that happens to be available, leave the weapon at the crime scene, and use the
dead body for sexual purposes.

Four types of serial killers

1. Visionary
2. Mission-oriented
3. Hedonistic
4. Power-oriented

Visionary:

usually psychotic; they have visions or believe they hear voices from God or spirits
instructing them to kill certain types of people.

Mission-oriented serial killer

less likely to be psychotic and are motivated by a desire to kill people they regard as evil or unworthy

Hedonistic:

kill for thrills and take sadistic sexual pleasure in torturing their victims.

Power- Oriented:

get satisfaction from capturing and controlling the victim before killing.

psychological profiling:

The attempt to categorize, understand, and predict the behavior of certain types of offenders based on behavioral clues they provide.

Geographic Profiling

An investigative technique that uses crime scene locations to predict the most likely area where an offender resides.

Racial bias and stereotypes in profiling:

Can be harmful because they group so many people that "fit the profile" together and violate their constitutional rights.
- Can also be helpful that someone "fit the profile" in court/trial

NASH classification

reflects the four traditional modes in which death is currently reported
-natural, accidental, suicidal, or homicidal

How psychological autopsies may be used in cases of equivocal death:

an effort to dissect and examine the
psychological state of a person prior to his or her death.
- Use their bank statements, emails, journals, phone records, interviews to try to understand their state of mind prior to their death
-Emotional state is crucial to identify suicide/accidental death

Forensic Identification

the process of linking a piece of physical trace evidence to an individual, usually a criminal suspect.
- Comparative and probabilistic process

Inclusion:

The finding that two samples of trace evidence came from a common source, based on
matching a sample left at or transported from the scene of the crime with a sample taken
from a suspect or from a tool used by the suspect.

Individuation

used to express the conclusion that a
trace found at the crime scene came from this source to the exclusion of all other sources in
the world

Four ways experts communicate information to juries:

1. a qualitative statement- a match is weak or
moderate or strong
2. a statement of a simple match- the trace and the source share certain characteristics.
3. a match-plus-statistics statement- statistics give information about how rare or common a
particular matching characteristic is in the relevant population.
4. a statement of individualization- the forensic scientist be able to say that the match is so detailed and perfect that the trace could have only come from one person

Reliability

Ability of a test to yield very similar scores for the same individual over repeated testings

Validity

The ability of a test to measure what it is intended to measure

General DNA evidence is handled and analyzed by:

computerized measuring systems

Basis for random match probabilities:

Calculated estimates of the probability that two DNA samples come from the same
individual, based on databases giving the frequency of alleles at specific loci in an
appropriate reference population.

Matching in forensic evidence:

No absolute standards

How do human biases influence the evaluation of forensic evidence?

examiner can make a
mistake in interpreting the sample, or situational pressures can bias the judgment of the
examiner

Basic patterns used by fingerprint experts:

loops, whorls, and arches

Blind identification:

Describing a test in which a person is unaware of being tested, as when forensic
identification examiners are proficiency tested (e.g., a fingerprint might arrive during the
course of an examiner's normal work with no indication that it is part of a proficiency
test).
blind lineup admini

What are the benefits of obtaining a confession?

It almost guarantees a conviction

What have been the changes in the interrogation techniques?

physical violence --\> less obvious physical abuse --\> psychological forms

What are the Miranda Rights?

- You have the right to remain silent
- You have the right to an attorney during questioning
- You have the right to an appointed attorney when the financial need exists
- You acknowledge understanding of right

What are the components of Reid's interrogation technique?

1. Confrontation
2. Theme Devlopment
3. Deflection (stoping denials)
4. Overcoming objections
5. Regaining attention (expressing empathy)
6. Reframing (alternative themes)
7. Force the alternative
8. Repetition eliciting full confessions
9. Documentation

What are the factors that lead to false confessions?

- Police lying
- intimidation
- deception
- fatigue
- Abuse

What individuals are most likely to make false confessions?

People who are vulnerable, young, inexperienced, naive, submissive, on drugs, low intelligence, sleep deprived, terrified

What are the different methods to mitigate the number of false confessions?

- Video recordings in the interrogation rooms
- Time limits
- Expert testimony

What are the four different types of false confessions?

- Internalized vs Instrumental
- Voluntary vs Coerced

Instrumental Coerced False Confession

To end the interrogation and avoid punishment

Internalized Coerced False Confession

Persuaded by police of own guilt vivid false memories
internal battle that they did it when they didn't

genuinely believe they did it

Instrumental Voluntary

To protect someone else or gain notoriety

i did it (protecting brother)

Internalized voluntary

mental illness/delusions

Tom Sawyer confession

Internalized Coerced:
genuinely thought he did it after being coerced by detectives for so long bc he was an alcoholic and blacked out a lot

Henry Lee

What is the significance of the footpath murders?

- Two 15 year odl girls raped and killed
- prime suspect with learning disability falsely confesses after interrogation to 1 murder
real killer caught by DNA
- first DNA profile ever

fundamental attribution error

the tendency for observers, when analyzing another's behavior, to underestimate the impact of the situation and to overestimate the impact of personal disposition

Cognitive Dissonance

Inner tension that a consumer experiences after recognizing an inconsistency between behavior and values or opinions
When a person holds two or more contradictory beliefs, ideas, or values, or participates in an action that goes against one of them

Henry Lee Lucas

- Publicized as America's most prolific murderer
- Falsely confessed to killing 60 then 200 then 3000 murders but only killed 3
- instrumental voluntary
- He wanted the fame to be known as Americas most prolific murderer

"Black Dahlia"

- More than 500 confessions about her murder because it was a really famous case
- some were instrumental voluntary/ internalized voluntary

Jon Benet Ramsey

6-year-old beauty queen was thought to be kidnapped but murdered in her own home

Dozens of false confessions
- internalized voluntary
(people with mental illness)
- instrumental voluntary
(doing it for fame)

Central Park Five

Five boys arrested for a battered jogger. Forced to confess to the police. Arrested because society labeled them bad

Main effect: age and completely worn down from interrogation
- Instrumental voluntary

Steven Avery/Brandon Dassey

Wrongly convicted of rape and attempted murder due to inaccurate eyewitness testimony despite many alibis and much testimony. DNA evidence released him

Arrested two yrs later for rape and murder

Brandon Dassey (low IQ & 16 years old) falsely confessed of being with his uncle after police having no attorney, no Miranda rights, and coerced into a confession

Instrumental coerced

What are the different types of lies?

- Lies of Commission vs Omission
- Spontaneous vs planned
- Instrumental ( to help or to hurt)

What are the research findings of that compared police officers' judgments to college students and the effect of confidence?

College students were slightly better at catching false confessions than police detectives b/c they are more likely to believe false confessions as true
- this gets worse with more job experience

How does the polygraph work?

- Measures rate and depth of respiration by pneumographs wrapped around a person's chest
- Cardiovascular activity is assessed by a blood pressure cuff skin conductivity is measured through electrodes attached to a person's fingertips.

What are the different types of questioning techniques used with polygraph?

- Relevant/Irrelevant Test (RIT)
- Control question test/comparison question test (CQT)
- Positive control test (PCT)

What is Relevant/Irrelevant Test (RIT)?

Comparing non-arousing baselines to case-related questions
EX: is today Tuesday? Are we in Amherst? vs Did you cheat on the test/ Did you look at your neighbors exam?

What is the control question test/ comparison question test? (CQT)

Using irrelevant baselines that are also arousing like known lie questions?

ex: have you ever done something dishonest? have you ever cut corners on an assignment?
VS.
Did you cheat on the test (if innocent) and did you look at your neighbors exam? (if guilty)

Positive control test

Relevant Questions its own comparison
"tell the truth"
DId you cheat on the test? tell the truth
vs did you cheat on the test? tell a lie.

What are some known lower tech alternative to polygraph?

GKT: guilty knowledge test
Use polygraph equipment but not for detecting lies
- this infers guilty person will know/recognize details of the crime like the color of the dress, shoes, hair, etc.
- see when asked questions/shown pictures if the person gets aroused in any way

Who was the main suspect in the use of GKT ?

Oj Simpson

William Moulton Martson

American psychologist who coined early prototype of the lie detector

John Larson (1921)

responsible for the 1st polygraph

What does venire mean?

A group of people summoned for jury service

What is the process of voir dire?

- "to speak the truth"
- Attorneys and judges questioning potential jurors to ensure the jury will be made up of unbiased individuals

What does the difference between peremptory challenges and challenges for cause?

The challenge for cause means there need to be certain legal grounds that could be a conflict of interest for why the juror is excused whereas peremptory challenges between 3 and 25 people are made without needing to give a reason except for gender and race

Which groups are recognized and protected from peremptory challenges and which are not?

Gender and race are protected

height, size, religious beliefs, moral beliefs (like the death penalty) are NOT

this leaves room for BIAS bc there's many excuses that can be made but the judge can determine if these are unacceptable or acceptable

Louisiana Study

in 93% of the trials, the state kicked off more black jurors than not black jurors
Significant under-representation of black Americans serving on juries. this is "black striking"

Batson Challenge

An objection to the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex

How is social media analysis used for choosing prospective jurors?

Lawyers view jurors' online profiles and positing to see which way they may potentially sway based on beliefs and posts online

How are trial consultants used for chosing prospective jurors

Use mock jurors, shadow jurors, and scientific research from social scientists to assist in jury selection

What is a mock juror?

BEFORE THE TRIAL Allows lawyers to work out weaknesses/ loopholes in the case
Fake trial before the trial to see what the case may need/ may be missing

What is a shadow juror?

DURING THE TRIAL
Hired by the trial consultant that sits in the courtroom during the trial and says they're opinion of which way they would choose throughout breaks.

What is the process of a trial?

1. Chose a jury
2. opening statements
3. witness testimony and cross-examination
4. closing arguments
5. jury instruction
6. jury deliberation and announcement of the verdict.

What is the 6th amendment?

Right to a speedy, fair, and public trial

How are potential jurors selected?

Voted registration
- bias bc many people are not registered to vote

How to assemble a jury

- A random sample of potential jurors
- go in for a day
- "one-day or one trail" take work off for a day go in and probably be dismissed.
- many have to undo hardship & extreme inconvenience to not do jury duty (childcare, a trip planned, etc)

What is authoritarianism?

Conventional values/rigid beliefs
Identify with/follow authority figures
Intolerant of weakness
More likely to convict and provide more punitive sentences
Except if the defendant is an authority figure (e.g., police officer)

What is the Similarity-leniency hypothesis?

being more similar to defendant make jurors more lenient
only normally works if the evidence is kind of shaky

Actus Reus

The physical act of committing a crime

Adjudicative Competence

The types of abilities needed to participate effectively in all stages of the legal process; consists of foundational competence (a basic understanding of the trial process and the ability to provide a lawyer with information relevant to the trial) and decisional competence (the ability to make informed, independent decisions)

Affirmative Defense

A defense in which the defendant bears the burden of proof in a trial, such as a legal finding of insanity in most jurisdictions

ALI Standard

A definition of insanity proposed by the American Law Institute (ALI): "A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law."

Antipsychotic Medication

Medication used to reduce the severity and frequency of psychotic symptoms (e.g. hallucinations and delusions) experienced by severely mentally ill patients; side effects may include muscle tremors, muscle rigidity, and a risk of developing tardive dyskinesia

Auditory Hallucinations

Psychotic symptoms in which a sufferer hears voices that are not actually present

Beyond a Reasonable Doubt (BRD)

The standard of proof used in criminal trials; to convict a criminal defendant, the jury or judge must be strongly persuaded that the defendant is guilty; the prosecution bears the burden of convincing the jury or judge of this

Bias-Reducing Instruction

An instruction given to eyewitnesses during a lineup identification procedure, specifying that the true criminal "might not be in the lineup or photo spread."

Blind Lineup Administrator

A person directing a lineup or photo spread who has no knowledge of which person in the lineup or photo spread is the actual suspect

Bona Fide Doubt

Any reasonable or good faith doubt