PSY328 Psychology & Law Final Exam Study Guide

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William Huggon

Psych & the Law – Final Study Guide Lecture 5 – Selecting a Jury in Canada & Jury Decision Making Vocab • Summary offence – petty crime. Punishment = 6 months or under, 5000 fine….jailed for less than 2 yrs…(i.e., minor offence) • Indictable offence – serious. Could get anything from a fine to life in jail w no parole • Hybrid offence – a bad crime, but it’s the first time, or you led the police to solve some other case, or you confessed before going to court (i.e., showed remorse, show rehabilitation) o Punishment decided by the crown? • Admissible evidence – decisions by jury should be based SOLELY on admissible evidence (evidence judge says jury can use as part of their judgement) …not supposed to use inadmissible o Opening and closing statement of lawyers are NOT admissible bc they are not evidence (bt evidence says it sways jury decisions) • Mathematic decision making model – listen to all evidence, list all positives, all negatives, then weigh strength of evidence accordingly  compare to decisional criteria for guilt • Story model (decision making) – have active comprehension process  jurors try to find best fit bw the story constructed and the verdict categories provided by judge o See if all pieces fit in the story • Polarization effect – more confident in your initial position. More extreme • Boomerang/Backfire Effect – sometimes telling jurors to disregard evidence makes them pay more attention • Peremptory challenge – a defendant or lawyer’s objection to a proposed juror, made w/o needing to give a reason • Mitigating – circumstance that doesn’t exonerate the person but which reduces the penalty associated with the offence o Ex. a confession – will give you a lesser sentence • Conditional Discharge – requires offender to follow a specific set of rules for a specified length of time set out in a probation order o When duration has passed and the conditions are met, the discharge becomes absolute • Absolute Discharge – a person who receives absolute discharge from a court is deemed not to have been convicted (although has been found guilty) – so records are kept but won’t affect jobs or crossing border • Probation – may be imposed on its own, as a suspension of a sentence, or in addition to other sentencing options (can’t be more than 3 years, not for severe crime) o Transitory period – you’re out of prison, but gets followed around to make sure you rehabilitated • Restitution – payment made by the offender to the victim to cover expenses resulting from the crime o Restitution for pain and suffering is not available through the criminal courts • Substantial risk – 1) pattern of repetitive behaviour, of which the current conviction forms a part, that shows a likelihood that the offender will cause death or injury or inflict severe psychological damage o 2) by conduct in any sexual matter has shown a likelihood of causing injury, pain, or other evil to people in the future through similar offences • Base rate – the percentage of ppl within a given population who commit a criminal or violent act • Peremptory challenge – a defendant’s or lawyer’s objection to a proposed juror, made without needing to give a reason • Parole – supervised release into the community after serving a set amount of your sentence in custody o Eligibility – after serving 1/3 of their sentence or 7 years (or if judge states you are eligible after a certain amt of time then you refer to that certain amt of time) o Goal of parole – protection of society  Short term – looks at undue risk to society if offender is released  Long term – considers if parole would help the offender return to the community as a law abiding citizen • Violence – (instrumental or reactive) o Physical vs. psychological damage o Actual harm vs. intent o Instrumental vs. reactive o Sexual vs. non-sexual • PCL-R (Hare 1991) – 20 item clinical rating scale; each item refleting a diff symptom or characteristic of psychopathy … items rated on a 3 pt scale (doesn’t apply – apply ) o Not based on person’s present state, more based on person’s lifetime functioning o Items are summed to yield totals from 0 – 40 that reflects the degree to which an individual resembles the prototypical psychopath o Cutoff score of 30 or greater is used to diagnose psychopathy o A clinician who wants to measure change in psychopathic symptomatology during incarceration can’t use PCL-R When do we use JURY? • Summary offence • Indictable offence • Hybrid offence • ** US more focused on punishment (but still has rehabilitation going on ) Breakdown of Jury vs. Judge Trials • Civil trials = usually judge only • Criminal Cases = o 2/3 resolved W/O trail o 1/3 by trial  ½ - JURY  ½ - Judge (alone) • Indictable cases – have a choice of either judge alone or with jury o Depending on what you did, who you are, what lawyer says o Criminal summary offence = no choice for jury Function of Jury • **Render a Verdict. • Which of the 2 realities are real  Crown vs. Defendant • (juries in the States may also give sentences) What Jury DOESN’T do • Sentencing (Canada) – just decide guilty or non-guilty nd • One Exception – 2 degree murder …juries can give recommendations in regard to parole ineligibility period Jury Set Up • Canada - 12 juries • Lawyers can just pick out the members they don’t want • Unanimous verdict – but can continue w less than 2 members excused • Must only use FACTS of the case & laws supplied by Judge o Laws governing the case & choices for decision are at the jurisdiction of judge • With mistrial – you get a new trial. And start over. Strength of Jury • Combines wisdom of 12 o But 12 is not that many  However w more ppl there may be problem with being anonymous and not speak up about their opinion o USA can have as little as 6 o Studies show that numbers of jury DOES matter  6 members are less representative  Recall fewer aspects of evidence  Spend less time deliberating  **the smaller the jury the greater pressure for dissenting member to conform  **defendants feel more fairly judged if juries debated for long time • Ppl from the community – conscience of community o In the past abortion -- juries said not guilty  Based on precedent it should be found not guilty everywhere but it was not Models of Jury Decision Making • Mathematical Model • Story model • Which one is better? – Pentington & Hastie (1988) o Jury uses Story model o When one side uses story and one uses mathematical model – jury is more swayed by story model Fairness • Jury R. vs. Sheratt (1991) – a jury of one’s peers o 1) Representative  Voter registration, enumeration lists, gender, race, SES o 2) Impartial – must not be biased, if biased must be able to be set aside • Representativeness – o Randomly selected o Not actually all groups in community or specific peers o Representative of wider community o Statutory exemptions?  Students are NONstatutory – but don’t have to  Ppl bz serving the community, & ppl who can easily sway jurors (lawyer) • Impartiality – o Must be impartial, represent larger community o R vs. Sherratt (1991) – right to jury is meaningless w/o impartial jurors o R. vs. Parks (1993) – (worried jury was racist bc parks was black) Partiality has 2 components  1) Attitudinal • Prejudice  2) Behavioural • Discrimination  2 other potential jurors will decide whether or not you are impartial (prejudiced) • Social behavioural component of this method = you told everyone you will be unprejudiced so you start acting in line w the social norms • Ppl strive to be accurate/correct and accepted/liked • Presumptions of Impartiality o States – presumptions of partiality o Canada – presumptions of impartiality (this person won’t be biased) o Difference caused by –  Laws • 6.49 – if you talk about your deliberations you could get 6 months in jail or 5000 fine (maximum Summary Sentence) • The details of the crime don’t come out until jury is over; in USA they have freedom of speech and media …can influence jurors  Instructions o Extra Legal Biases can influence jurors  How we perceived the world is influenced by biases • Encoding, combining info, being a part of different groups  Expectations, beliefs, attention, perception could alter jurors beliefs about the evidence presented • Fazio’s Attitude Model o Attitude activation  selective attention  immediate perception of object  definition of event  behaviour o OR Norms (activate situational factors)  definition of situation  definition of event  behaviour o If you’re prejudiced, the presence of the person is going to activate all your prejudices  The more we activate, the stronger it is  belief perseverance o If challenged for cause – extra motivation to be less prejudiced …change your definition of event to be more neutral  Challenge to be more accurate, liked by everyone else, social norm o Social Norms can trump attitudes (e.g., everyone else is doing it!) • Polarization Effect – individuals become more extreme in their initial position following discussion o More confident with majority agrees with you • Leniency Effect o Jurors move towards greater leniency o In most mock trials, when juror verdicts are split 50/50 a jury lean towards not guilty • Personality Traits – o High in authoritarianism (conservative) – may be more pro-prosecution • • Demographic Variables – o Attractiveness –  Mazzella & Feingold (1994) – one of the greatest advantages for a defendant is to be attractive (how you dress, your physical appearance) o Race, SES, education, gender, income  Low SES – is disadvantage o Basic underlying 3 variable effect – Similarity Principle  Black sheep effect – when evidence is weak or ambiguous similarity bw defendant and juror can lead to leniency • But when evidence is strong leads to greater punishment • Stereotypes regarding Expert Testimony o Gender stereotypes – male expert talking about murder is believed more, female talking about self-defence is believed more • Canada’s most famous Partial Juror o Peter Gill and Gillian Guess – Gillian was one of the 12 jurors o Law 649 – you’re not allowed to talk about jury deliberations …but this was the only time with exception – all jurors called back as witnesses o Gillian was talking to everyone about her experience on her phone o Peter Gill only got 6 yrs in prison (w no record) for obstructing justice – bc first time o Set Legal Precedents –  First case of juror w sexual relations w defendant  Only case where juror faced criminal sanction  Only case where jury room discussions made part of public record • Source of Bias – (when verdict is based on bias rather than weighing of trial evidence) o 1) Interest  Interest or stake in trial, relationship to player in trial o 2) Specific  Pre-trial publicity, attitude or beliefs about the specific case  Ps exposed to negative pretrial publicity were more likely to judge the accused guilty compared to ps exposed to no negative or less ptp (Kramer, Kerr, Carroll (1990) o 3) Normative  o 4) Generic • Disregarding Inadmissible Evidence – o Hans & Doob (1976) – not possible o Suppression –  Cognitive control/regulation is effortful  If control of implicit responses is occurring, should observe subsequent depletion of cognitive resources  Particularly inhibitory resources (observation system doesn’t get depleted) o Factors that affect disregarding –  Strength of evidence – w weak evidence, more likely to consider inadmissible • When crime is less serious -- inadmissible evidence more impact o Pull from resources you shouldn’t have • With strong evidence, able to disregard inadmissible evidence  When crime is less serious – jurors have more flippant attitude  Kassin & Sommers (1997) – why was evidence stricken? • Murder trial with potentially inadmissible evidence …Phone tap w defendant admitting to murder • Results – o Told evidence was inadmissible bc evidence was illegally gotten – verdicts found similar to if wiretapping was allowed (guilty) o Inadmissible bc evidence was hard to comprehend – verdicts similar to control where evidence was not admitted • Normative Bias – based on community sentiment (will base verdict on community belief rather than evidence) o Community hates child rapists more so than other cities bc of a certain similar case in the past • Generic Bias - racial/ethnic prejudice, sexual orientation prejudice, stereotype endorsement, base verdict on group membership rather than evidence • Remedies for Bias – o 1) Publication Bans – pretrial info can’t be published until jury is selected, jury isn’t sequestered until end of the trial o 2) Adjournment – most rarely used solution  Delay of Trial  Pros – time reduces impact of prejudicial info  Con – may forget important info, but won’t forget emotional info o 3) Change of Venue – if it appears expedient to the ends of justice – where there’s a fair and reasonable probability of impartiality or prejudice in community  Usually have trial where crime occurred  POSITIVE correlation bw amount of PTP and the belief the accused is guilty o 4) Challenge for Cause – legal mechanism placed to challenge jurors as to whether they would be impartial w respect to a particular issue  Must establish a reasonable inference of potential bias in the population  Judge decides whether a challenge is warranted and has final approval of any questions to be put out to jury • In canada – are not allowed to nag jurors w questions Jury Selection • Canada – most cases judged without a jury o Presumption that jurors are not biased and can be impartial o Only info available to lawyer about jurors are name, address, occupation, demeanour, and physical appearance o No jury consultants in Canada – jurors are responsible for deciding whether potential juror is biased (judge judges in US) o R vs. Parks - ….& R. vs. Williams • USA – presumption that jurors are inherently biased and must be challenged o Jurors may also make decisions regarding sentencing o There are long and personal challenges done by lawyers often involving jury consultants o Can get rid of jury for any reason • Impartiality – o R vs. Parks (1993) – partiality has 2 components  Attitudinal – prejudice  Behavioural – discrimination • Challenge for Cause o Select first two “triers” – they decide whether potential juror is acceptable or unacceptable to sit on upcoming trial (after asking the question) o (legally having a bias does not necessarily indicate you are partial) o *note dual process theory – force you into deliberate route (hear this question at least 2x…so you decide on this question 2 x) o You are in a legal public space – you will usually act in pro social conventional ways o If triers find juror unacceptable or if lawyer uses Peremptory challenge – juror is sent back to jury office (challenged juror is free to be called for another jury pool later on) o R. vs. Koh (1998) – process removes jurors who are fortright about their prejudices & sensitizes the remaining jurors to their duty to be impartial • MODE Model (Fazio 1990) – o Do you have the motivation and cognitive capacity to process the info? o Yes – activates deliberate processing mode  attitude is consistent with behaviour o No – spontaneous processing mode  strong chronically accessible attitude?  YES = general attitude activated  attitude consistent behaviour  NO = general attitude not activated  Behaviour unrelated to attitude Lecture 7 – Sentencing Purpose & Principles of Sentencing in Canada • Sentencing – the judicial determination of a legal sanction upon a person convicted of an offence (punishment doesn’t necessarily have to be jail time …could be fine or parole) • Bill C-41 (1996) – most comprehensive reform of the law of sentencing in Canadian history o Created 718 of the Criminal Code of Canada • 718 (the fundamental purpose of sentencing) – o 1) To denounce unlawful conduct o 2) To deter the offender and other persons from committing offences; specific and general deterrence o 3) To separate offenders from society where necessary o 4) To assist in rehabilitating offenders o 5) To provide reparations for harm done to victims or community  Ex. vandalism – have to clean it up & clean other ppl’s vandalism up too o 6) To promote a sense of responsibility in offenders & acknowledgement of the harm done to victims and to the community o **in Canada – no jail time if at all possible. In US aggravated assault would def get you jail time, in Canada it really depends on the situation • Section 718.1 A of the criminal code o A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender o US – just consider gravity of offence o Canada - consider who the person is + other factors that may relate  Point – rehabilitate (US – just life sentence) • Section 718.2 A – Sentencing Principles o A court that imposes a sentence shall also take into consideration the following principles:  1) A sentence should be increased or reduced to account for relevant aggravating or mitigating circumstances relating to the offence or the offender • Aggravating – i) evidence that the offence was motivated by bias, prejudice, or hate based on race, nationality, color, religion, sex, age, mental or physical disability o ii) evidence that the offender in committing the offence, abused a position of trust or authority in relation to the crime (police or priest) • Crimes motivated by HATE – R. v. Miloszewski, Synderek, Nikkel, Leblanc, and Kluch (1996) o Manslaughter charge; crown established the crime was racially motivated – give 15-18 yrs in jail instead of the regular 5 (for hate crimes) o Section 718.2 A(i) – crimes motivated by hate or bias should result in the imposition of a harsher than average penalty • Mike Curry’s case – couldn’t prove as hate crime o Even if the ppl they assaulted weren’t lesbians Mike would probably still have beat them up (parking spot, & talk to his kid) o Charged w multiple counts of assault – sizes are diff so violence against the two girls = assault  2) Sentence should be similar for offenders committing similar offences under similar circumstances – make sure we have precedence  3) Where consecutive sentences are imposed, the combined sentence should not be unduly harsh or long (almost never will you get 210 yrs in prison in CA)  4) An offender should not be deprived of liberty if less restrictive sanctions are appropriate under the circumstances  5) if reasonable sanctions, other than imprisonment should be considered for all offenders (even murderers) • Problems with Reasons to Sentence – o Some of them conflict! – separate from society or rehabilitate? o If a judge picks the goals consistently diff than another judge – is it still stare decisis? o Sentencing Disparity - any diff in severity bw the sentence received from one judge on a particular occasion and what an identical crime would receive on another occasion or from a different judge (MOST IMPORTANT PROBLEM W SENTENCING IN CANADA)  Sources – • Systemic Disparity – consistent disagreement among judges about sentencing (personality, philosophy, experience) • Unsystemic Disparity - a judge’s inconsistency over occasions in judgment (focus – mood or irrelevant stimuli))  McFatter (1986) – showed sentencing disparity due to unsystemic sources • Possible sentences – o Absolute & conditional discharge, probation, restitution, fines & community service, conditional sentence, intermittent imprisonment, imprisonment (judge can combine) • Absolute & Conditional Discharge (736) o Considerations -  Best interest to offender, but not contrary to public interest o Exclusions –  Offence w minimum sentence  A term of 14 yrs or life sentence o Probation – (for summary/hybrid offences – can’t be more than 3 yrs)  Mandatory conditions: • 1) keep peace and be of good behaviour • 2) appear before court when required • 3) notify the court or the probation officer of any change of name or address, employment or occupation  Optional conditions: • Report to probation officer • Remain within jurisdiction of court • Abstain from alcohol or drug use • Abstain from owning, possessing, or carrying weapon • Provide for dependents • Perform community service • Participate in treatment program • Comply w any other reasonable conditions set by the court o Probation violation –  Stiff penalties punishable by a term of imprisonment up to 2 years  Get original sentence as well as get punished for breaching probation • Fines & Community Service – o Fine = most frequently used sentencing option in Canada (45% of convicted adult offenders are fined) – max is 2 yrs in prison and 5000 in fine??? o Court will clearly set out how much time you have to pay it back • Conditional Sentence – a prison sentence served in the community (prison sentence is “suspended”)  alternative to incarceration o Only for those given a jail sentence of less than 2 yrs, and who the court thinks will not pose a threat to public safety o Require –  1) mandatory conditions – report to parole officer  2) optional conditions - treatments o Violation –  Suspension cancelled, may be required to serve remainder of sentence in prison o Intermittent imprisonment – a term of imprisonment for 90 days or less  Court will specify the times when the term of imprisonment will be served (ex. weekends)  Must comply w the terms set out in a probation order when not serving  (necessary when there is undue punishment to other people around you who didn’t have anything to do w it if you were sent to prison) • On average, time spent in custody in Canada is NOT less than other countries – 28.4 yrs o Less than 2 years in prison = provincial jail o More than 2 yrs – federal penitentiary • Other possible sentences: o Long term offender – (753.1 Criteria)  1) appropriate sentence of 2 yrs or more for the offence  2) “substantial risk” that the offender will reoffend (see vocab above)  3) there is a reasonable possibility of eventual control of risk in the community  *possibility of eventual risk – sentence of imprisonment of at least 2 yrs followed by period of supervision in community not exceeding 10 yrs o Dangerous offender declaration – convicted of serious personal injury offence, NOT yet sentenced, but constitutes a danger to the life, safety, or physical/mental well being of others (murder, assault, violent or sexually violent crimes)  Subject to 10 or more yrs of imprisonment  Section 752 – includes list of sexual offences deemed to be serious personal injury offences  Serious personal injury offence – an offence involving violence or attempted violence which can or will inflict mental or physical injury on another  Dangerousness – • A pattern of unrestrained behaviour that’s likely to cause danger • A pattern of aggressive behaviour w indifference to the consequence of the behaviour • Behaviour that is of such brutal nature that ordinary standards of restraint will not control it  Alternatively – • If the offence shows a failure on the person’s part to control sexual impulses that is likely to result in harm to another …. • Sentence = INDEFINITE INCARCERATION – w parole eligibility review every 2 years after 7 yrs of incarceration has been served (normal = parole every year) o Rape is not a life sentence…but multiple rapes would give you harder sentence Lecture 8 – Violence and Risk Assessment Parole – • Parole decision considerations – o Protection of society o All available info o Must take least restrictive choice o Offenders must be given access to info regarding the decision (so they can improve their chances and rehabilitate themselves) • Looking at Risk – o Policies differ depending on type of offender  Category 1 – offenders who have committed serious offences usually involving violence  Category 2 – offenders who have committed other offences Preliminary Risk Assessment – • 1) Details of the offence – criminal history, social problems, mental prob, performance on earlier releases, relationships and employment • 2) Probability of an offender to reoffend Secondary Risk Assessment – • Psychological or psychiatric reports • Opinions from professionals that indicates whether release would present an undue risk to society – need be based on stats • Info from victims • Whether offender has received treatment, whether offender shows good understanding of the seriousness and effects of the offence o Treatment away from prison is for ppl who are not at flight risk – if return, shows no impulsivity risk (impulsivity = large factor in recidivism) • If offender’s release plan shows support and control and is realistic and confirmed Identify ppl likely to commit violence and develop interventions to reduce risk • Predicting future behaviour is difficult bc – things (situational factors) change o We assume things happen bc of personality factor not situational factor Violence Risk Assessment - the process of evaluation individuals to … • 1) Characterize the likelihood they will commit acts of violence • 2) develop interventions to manage or reduce that likelihood (Violence prevention!) Risk Assessment vs. Dangerousness • Dangerousness – case by case, vague, stable trait, predicts violence • Risk assessment – empirical data, specific, changes over time, prevents violence o Specific to other criminals that have committed similar crimes in similar situations and have been followed around to see what happens Types of Predictors – • Risk Factors – o Static Risk Factors – your first crime? o Dynamic risk factors – can change over time, amendable to treatment • 4 Major Risk Factors for VIOLENCE – o DISPOSITIONAL – reflect person’s trait ad style  1) Gender - 90% violence crimes done by men  2) Age – age is inversely related to risk • Accidental or intentional death – most caused by age 15 - 59 o HISTORICAL – impulse control & social maladaption to society  1) Previous antisocial and criminal behaviour • Maladjustment to society prob bc of dysfunctional family problems  2) Conditional release, parole and probation violation • Impulse control  3) delinquency • maladjustment  4) dysfunctional family environment  5) physical and sexual abuse as a child  6) age of onset – younger = more practice o CONTEXTUAL –  1) Unemployment – maladjustment  2) Lack of intimate relationship – awkward, lead to maladjustment  3) Access to weapons - Impulse control problem o CLINICAL  1) Mental Illness – schizophrenia and mania • Most mental disorders are a reducing risk factor  2) Substance abuse - addictive personality related to impulse control and maladaption to society • Question to ask when given a case study to evaluate – o Have they been previously convicted of a crime o Are they up for parole? • Overarching Factors o Impulsivity o Maladjustment to society and social instability  ** Criminal Psychopaths on the other hand are antisocial – the know the rules, just decided not to follow • Sexual Deviance Risk Factors – o Previous Sexual Deviance o Sexual Preference for Children – escalation (does not go backwards) • #1 Risk for Violence – PSYCHOPATHY Types of Parole – • Temporary Absence o First type usually granted (low level offender, not violent, low risk) o Escorted or unescorted temporary absence o For substance abuse programs, family violence counselling, technical training • Day Parole o Half way house/low risk offender o To participate in community based activities – must return to their institution at end of day o Performance will be used in full parole review • Full Parole (at 1/3 of your completion) o Serve remainder of sentence supervised in community o Usually must have been granted and completed temporary absences or day parole • Statutory Release o Mandatory release granted after serving 2/3 of sentence o Must follow parole conditions similar to probation and conditional release o Not qualified if have a life sentence • Does Parole work? o Inmates that successfully completed day parole to obtain full parole are less likely to reoffend than inmates granted mandatory statutory release without doing any day paroles • **GRAPHS ** EXPLAIN Lecture 9 – Approaches to Risk Assessment • Low base rate problem – very difficult to make predictions when the base rates are too low o 50% reoffending rate is not too low o If base rate is lower than 10% - those committed are going to be spending a lot more time in jail • Unstructured clinical judgement o 1) All based on professional discretion (not dsm, based on opinion) o 2) Lack of guidelines o 3) Lacks consistency o Before 1966 – all came down to a professional’s credibility (trust based on face value) o Dr. James Grigson – made claims sometimes without even examining the defendant  Used term “sociopath” when it should be anti-social personality disorder  You’re not supposed to argue on either side…you’re suppose
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