Trial Tactics
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| 'Trier of fact' is more commonly called? | The jury
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| There are three forms of social influence used in the courtroom. What are they? | Persuasion, Compliance and Dissuasion
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| What one of the three forms of social influence is this referring to? "lawyers try to persuade the jury to agree with their version of events" | persuasion
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| What one of the three forms of social influence is this referring to? "lawyers may try to dissuade jury members from being persuaded by the opposing lawyer" | dissuasion
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| What one of the three forms of social influence is this referring to? "lawyers may bypass persuasion and directly attempt to make jurors comply to their assumptions and adhere with their wishes" | Compliance
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| What one of the three forms of social influence is this referring to? "When you do something even though you don't quite agree with it in your head" | Compliance
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| What one of the three forms of social influence is this referring to? "Seen as an attempt to CHANGE someones attitudes" | Persuasion
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| What does this refer to? "a psychological orientation towards a particular stimulus (attitude object). So basically how you think or behave towards something" | Attitude
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| What does the Tri Model say? | That attitudes have three parts
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| What are the three parts of attitudes (the Tri Model)? | Affective component, Cognitive component, Behavioural component
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| What component of the the attitudes Tri Model is this? "how we feel about something" | affective component
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| What one of the three forms of social influence is this referring to? "thoughts about the thing" | cognitive component
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| What one of the three forms of social influence is this referring to? "things you might do because of the attitude that you have" | behavioural component
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| What are the three parts of attitudes (the Tri Model)? | Affective component, Cognitive component, Behavioural component
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| If you think the bathroom is gross and needs cleaned (what component of attitudes?) but you are off to cook so cant clean it (what component of attitudes?) | Affective and Cognitive for first and then Behaviour for second
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| Is this a stable(long term) or temporary attitude? "whether you support the death penalty" | stable
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| Is this a stable(long term) or temporary attitude? "First impression, 'i dont like this defendant') | temporary
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| Do lawyers focus on temporary or stable attitudes? Why | Temporary, because more specific & therefore more predictive of behaviour, AND cos easier to change (first impressions can change easy) AND legal restrictions encourage lawyers stick to facts instead of social issues (ethnicity of person not ethnic group)
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| Give an example of why temporary attitudes are more specific and more predictive of your behaviour | "I'm never going to drink this 'type' of drink again" is more likely to predict your future behaviour compared to "im never drinking again"
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| The Elaboration Likelihood Model (ELM) says that there are how many ways you can change someones attitude/persuade someone? What are they? | Two ways - peripheral and central routes
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| What route of the Elaboration Likelihood model is this? "less cognitively effortful" | Peripheral Route
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| What route of the Elaboration Likelihood model is this? "Using information learnt in other lectures, comparing with current lecture being taught" | Central route
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| What route of the Elaboration Likelihood model is this? "compare information to world knowledge" | Central route
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| What two routes can people be persuaded by? | The Central Route or the Peripheral Route
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| What does ELM stand for? | Elaboration Likelihood Model
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| What route of the Elaboration Likelihood model is this? "most people use this route" why do they mostly use this route? | Peripheral, because it is easier, requires less effort
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| What route of the Elaboration Likelihood model is this? "high degree of thought and scrutiny of the information" | Central route
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| What route of the Elaboration Likelihood model is this? "Elaboration of information" | Central route
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| What route of the Elaboration Likelihood model is this? "His tie is blue, so I'm voting for this guy" | Peripheral route
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| What route of the Elaboration Likelihood model is this? "making inferences from information" | Central route
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| What two things does the route of processing (central vs. peripheral) depend on? | Motivation and Ability
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| Motivation and Ability are two things that determine which route you use to process information. Which one is by choice and which one is not by choice? | motivation is by choice and ability is not by choice
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| Ability determines the route you use to process information where lack of ability leads to jurors having to travel down the peripheral route out of ____________ rather than choice | nessessity
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| What makes it impossible to travel down the central route? | The ability to UNDERSTAND the information
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| In courtroom if juror is not motivated to listen and think about the information they are being given by defence lawyer then they use the __________ route to process information. | peripheral
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| When should lawyers encourage central processing? | When their evidence is actually GOOD
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| Why should lawyers encourage central processing when their evidence is good? | Because this good information will become more salient in their minds and more likely to influence their decision/behaviour.
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| You dont want people to centrally process bad evidence because...? | this means they are really thinking about it and more likely to realise its bad
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| When should lawyers encourage peripheral route processing? | When evidence is bad
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| Is this encouraging peripheral or central route processing? "be engaging" | Peripheral
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| Is this encouraging peripheral or central route processing? "slow down when speaking" | Central
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| Is this encouraging peripheral or central route processing? "Use visual aids" | Central
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| Is this encouraging peripheral or central route processing? "be engaging" | Peripheral
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| Is this encouraging peripheral or central route processing? "make it relevant to jurors by giving a story they can relate to" | Peripheral
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| Is this encouraging peripheral or central route processing? "Use rhetorical questions" | Peripheral
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| Is this encouraging peripheral or central route processing? "repeat information" | Central
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| Is this encouraging peripheral or central route processing? "decrease motivation making it boring and going into minute detail" | Peripheral
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| Is this encouraging peripheral or central route processing? "Speed up" | Peripheral
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| Is this encouraging peripheral or central route processing? "Also make it boring by making it irrelevant" | Peripheral
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| You should always do some things to make sure that it ____________ cues are always in you favour incase ability factors prevent them from doing central processing | Peripheral
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| Is this encouraging peripheral or central route processing? "Well dressed lawyers or experts dressed on white coats" | Peripheral
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| Is this encouraging peripheral or central route processing? "lots of mundane questions like 'is it true you live at' - taling a lot" How does this help get it to that route? | Peripheral, because when lawyers talks a lot makes them look like the are winning
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| What does this refer to? "lawyers attempts to stop the jurors from being persuaded by the opposing lawyer" | Dissuasion
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| There are a number of ways to do dissuasion. These are Forewarning, Inoculation, Stealing Thunder, Credibility Challenges, Reactance | ...
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| What type of dissuasion is this? "Sometimes we try to do something else when someone tells what to do" | Reactance
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| What type of dissuasion is this? "attacking the standing on an opponent's expert witness - damages the jurors perception of those witnesses's credibility" | Credibility challenge
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| What type of dissuasion is this? "telling them that the other lawyer is going to try and persuade them about such ans such" | Forewarning
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| What type of dissuasion is this? "When you give jurors a weak version of the other sides argument" | Innoculation
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| What type of dissuasion is this? "Revealing something damaging about your case before the other defence has" | Stealing Thunder
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| What type of dissuasion is this? "the defense is going to try & convince you that accountant who's been working for 20yrs "just forgot" it which is crap argument" when you hear other sides actual defense, they're already halfway there to knocking it off" |
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| Who is witness questioned by during a cross-examination? | The opposing lawyer
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| From a JUSTICE perspective, cross examination aims to uncover _____________ in the witness's evidence and/or draw out the ______ | inaccuracies, truth
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| In PRACTICE cross-examination is often used with the aim of discrediting the witness, regardless of _______. So even if you get a really credible, honest witness, the lawyers of the other side is still going to be defensive against it! | accuracy
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| There are four aspects or things used in cross-examination that are concerning/reasons why we are concerned about cross-examination. What are these four things | Leading questions, Complex/Confusing questions, Confrontational questions and Long delays.
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| Leading questions are discouraged because they lead a person to say what the defence lawyer ______ them to say | wants
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| What type of question is this (one that we have concern about with cross-examination? "so neither of your brothers weren't there?" | Complex or confusing questions
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| What type of question is this (one that we have concern about with cross-examination? "Thats not what really happened is it? (indirect) | Confrontational questions
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| What type of question is this (one that we have concern about with cross-examination? "I know you've lied in the past haven't you?" (Direct) | Confrontational questions
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| There are both _______ and ________ types of confrontational questions in cross-examination. What are examples of each? | Direct, Indirect. "Thats not what really happened is it?" (indirect), "I know you've lied in the past haven't you?" (direct)
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| What is the average length of delay between time event happened and time of cross-examination. Who does this delay have the most effect on? | 15 months. children
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| Who are all of these cross-examination aspects especially problematic for? | Children
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| Read over study on children and cross-examination | ...
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| In study with children and cross-examination they found that high or low? rates of compliance with leading questions | high
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| Children tend to just agree with ________ questions | leading
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| In study with children and cross-examination children had low rates in ____________ seeking for example....? | clarification, "what do you mean?"
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| In study with children and cross-examination, because children had low rates in clarification seeking, there must have been a lot of _____________ of the questions | misunderstandings
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| In study with children and cross-examination, during the cross-examination, __% of children made at least one change to their earlier testimony so _____________ what they had said. | 75%, retracted
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| Read through Rachels police stations study on children | ...
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| What happend in Rachel's police station study on children? | Staged event of going to police station. Then taped interview with each child. 8 months later played back interview and cross-examined children in court room to challenge their responses of them saying they put handcuffs on.
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| In Rachel's police station study on children, results in terms of changing reports showed, 85% of children made at least ___ change to earlier testimony during C-E. and 33% changed ___ of their earlier responses! | one, all
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| In Rachel's police station study on children, in terms of accuracy, results, kids corrected the same about of _______ as correct responses. So same chance of them changing an incorrect response and a ______ response --> not a good thing | mistakes, correct
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| In Rachel's police station study on children, overall accuracy was increased or decreased after delay period? | Decreased
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| In Rachel's police station study on children, overall, cross-examination decreased or increased? children's accuracy even for children who started out ___% accurate. This is concerning!!! | decreased, 100%
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| More recent findings show that cross-examination decreases children's accuracy even when it takes place....? Why is this? | very soon after the event. Because its not the delay that has an effect on their accuracy, its the way they are cross-examined (leading questions, confusing questions etc)
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| More recent findings show that children often don't actually believe the changes that they have made, only change response to make person happy. How do we know this? | Because afterwards when person talks to them and says something like "those people dont really know what happened, but i do, so lets figure out what really happened" and then child tells what they REALLY believe
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| More recent findings show that jurors dont like inconsistency if the child changes their _____? They dont ______ the child if they change their _____, think their memory is unreliable and therefore think bad idea to do re-examination | mind, trust, mind
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| More recent findings show that cross-examination style questioning also decreases the accuracy of children’s reports about forensically relevant events. | ...
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| More recent findings show that children who are more vulnerable to be targets of abuse may also be more likely to do ____ during cross-examination | badly/poorly
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| Children who are targets of abuse and also vulnerable to effects of ______________, have low self-esteem and low levels of assertiveness | cross-examination
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| More recent findings show that brief verbal warnings appear to have no effect on _________ during cross-examination "the lady interviewing you is going to trick you and your job is to stop her" <-- didn't work | accuracy
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| What shows promise as a means of reducing the negative effect of cross-examination on accuracy? | Comprehensive preparation with child
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