Exam 4
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| Use of scientific theory and methods to aid an attorney in trial | show 🗑
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| History of trial consultation | show 🗑
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| Why Hire a Trial Consultant? | show 🗑
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| Training | show 🗑
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| Latin for “tell the truth”, 6th Amdmt-right of a criminal defendant to trial by impartial jury. 7th Amendment-extends the right to jury trial to civil suits. question jurors who might be biased &remove them through “challenges” | show 🗑
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| May be used for ingratiation and indoctrination | show 🗑
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| show | Ingratiation
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| subtly implant favorable case ideas in the mind of the jury. | show 🗑
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| Profile jury demographics Community attitude surveys Focus groups & mock trials Inform questions for voir dire and trial strategy “Friendly juror profile” | show 🗑
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| Questionnaire Development Juror observations. Attorney observation re: persuasion Background checks on all prospective jurors, possible interviews. Lists of concerns regarding choosing each juror. | show 🗑
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| show | Courtroom Strategies
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| show | Conducting focus groups/mock trials/shadow juries
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| Level of authoritarianism Belief in the “just world hypothesis” Attributions of responsibility Case specific issues | show 🗑
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| Not legally qualified (felony conviction, out of county, etc.) Could not impartially deliberate Has schizophrenia and is on antipsychotics (groggy) | show 🗑
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| based on pretrial research or general hypotheses Specific emphasis on key case issues (infidelity, negative experiences with police, etc.) | show 🗑
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| Honesty Attitudes towards attorneys or case issues Personality characteristics (dress, speech, etc.) Examine for consistent patterns/strongest traits Look for extremes, deviations, and appropriateness | show 🗑
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| In general, people higher in ______ are more likely to convict and punish criminal defendants. | show 🗑
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| show | Just world hypothesis
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| If they are high on internal responsibility, they may be less likely to accept extenuating or mitigating circumstances. | show 🗑
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| For example, perceptions of racism, mental illness, infidelity, large corporations, etc. | show 🗑
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| Qualitative and quantitative data gathered. Demographic information analyzed for association with decision making. Comments from jurors gathered about: Their decisions Perceptions of attorneys and case issues Questions they might have wanted to ask. | show 🗑
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| show | Courtroom Strategies
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| Familiarity with courtroom Objective assessment of persuasive ability (Expertness, Trustworthiness, Attractiveness) Training witnesses on techniques to improve. Goals of testimony Direct exam/cross exam: CANNOT INSTRUCT CONTENT | show 🗑
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| show | Witness Impeachment
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| DNA-Gold standard of independent evidence for labeling a confession as false Other evidence precluding the suspect’s involvement (solid alibi with a confession by another suspect, etc.). | show 🗑
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| show | How do we know false confessions exist?
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| show | false confessions
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| show | The Innocence Project
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| Research with law enforcement indicates even they believe suspects give false confessions | show 🗑
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| show | types of false confessions
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| Kassin and Wrightsman (1985) Gudjonsson’s Model-Custodial vs Non-Custodial component. Leo and Ofshe’s Model-uses terms compliant and persuaded DeClue’s Model-focuses on clinicians not making legal conclusions | show 🗑
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| Exact rate unknown and cannot be calculated- Some studies estimate false confessions occur in less than 1% of criminal cases (Sigurdsson & Gudjonsson, 1994, 1996) Research with law enforcement actually suggests a higher rate. | show 🗑
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| When are disputed confessions relevant ? | show 🗑
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| Pretrial evidence suppression hearing (challenging voluntariness or reliability). Jackson-Denno hearing in Oklahoma During a trial (so the jury can weigh the validity). Daubert hearing 2012-first time it is allowed in Oklahoma | show 🗑
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| Police use techniques to gain waiver (emphasize benefits over consequences). Establishing rapport Feigning sympathy Stressing it is just a “formality”. The majority of suspects agree to speak with police (Gudjonsson, 2003). | show 🗑
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| 80% of suspects waived Miranda. Suspects with no history of felony convictions were more likely to waive. If recidivism is an indicator of likely guilt-innocents may be far more likely to waive. | show 🗑
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| What factors facilitate false confessions? | show 🗑
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| Reid Technique | show 🗑
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| Isolation Identifying contradictions Establishing rapport to gain trust Confronting Appealing to the suspect’s self-interest Minimization Fabricating evidence. | show 🗑
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| -the most damaging evidence because jurors operate on the fundamental attribution error. They are unaware of the factors which contribute to false confession. | show 🗑
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| show | corroborated when possible (self-serving)
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| show | Evaluating interrogation and confession continued
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| show | Voluntariness-
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| show | Reliability-
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| Fear, Suggestibility, Education level/intelligence, Mental disorders affecting reality testing/memory, Experience with the criminal justice system, Age/immaturity, Mental status, History of substance abuse, Anxiety disorder, Language barriers, Medical con | show 🗑
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