PSY 469 Exam III

  1. 6th Amendment
    right to a trial by an impartial jury in criminal cases
  2. 7th Amendment
    right to a trial by jury in most civil cases
  3. Delinquent Court
    NO Constitutional right for Juveniles to be tried by a jury in ___ ___.
  4. voter registration lists
    Primary source for potential jurors comes from ___ ___ ___
  5. 18yo
    Speak English
    Mentally competent
    Never convicted of a Felony
    Jurors must (be) . . .

    • -
    • -
    • -
    • -
  6. reactions and interpretations

    juror ... responses



    shadow jury
    Trial consultants use a mock jury and analyze jurors' ___ and ___ to give insight, look for relationships between ___ characteristics and ___ to evidence in the case.

    They design and analyze ___ questionnaires.

    Assist lawyer in crafting ___.

    May use ___ ___ to get feedback throughout the trial.
  7. Locus of Control
    how people explain what happens to them
  8. Internal Locus of Control
    see outcomes in life due to one's own abilities and efforts
  9. External Locus of Control
    See outcomes in life as due to forces outside of one's self.
  10. cause undue hardship or extreme inconvenience
    Can be excused from Jury Duty if . . .
  11. One Day or One Trial
    Used to reduce the number of hardship exemptions and makes jury duty less burdensome

    Potential jurors who are selected to serve, fulfill their jury duty after the trial.  Those who are not selected fulfill their jury duty at the end of the day.
  12. Venire
    A group or panel of prospective jurors that is questioned by judges and attorneys to determine who will serve on a jury for a particular case.

    People who actually show up at the courthouse for jury duty.
  13. Jury Pool
    All mentally competent, English-speaking, adult U.S. citizens who have NOT been convicted of a felony and who are living in the relevant jurisdiction.
  14. Sample
    Group of eligible people summoned to report for jury duty
  15. Jury
    Group that survives the voir dire process
  16. Voir Dire
    The final stage of the jury selection (first stage in the trial) process during which lawyers and judges question potential jurors to uncover juror biases and to determine who will be chosen to serve on a particular jury.
  17. Challenge for Cause
    a reason for a lawyer to dismiss a potential juror during voir dire. A lawyer claims that a certain juror will be unable to render an impartial verdict because of bias or prejudice.

    Judge must agree to dismiss juror.

    - Unlimited challenges
  18. Specific Bias
    Potential juror is of blood relationship and/or economic relationship to the defendant

    OR potential juror indicates a bias/prejudice against the group that the defendant belongs to
  19. Nonspecific Bias
    Potential juror is a member of some group related to the defendant
  20. Peremptory Challenges
    The privilege for lawyers to dismiss potential jurors without giving a reason for removal and without approval from the judge.

    - Limited by statute
  21. is waived
    NRS: Peremptory challenge

    Any challenge not exercised in its proper order (sequence) ___
  22. 8

    NRS: Number of peremptory challenges

    • If the offense is punishable by death/life, each side is entitled to ___ peremptory challenges

    If the offense is punishable by imprisonment for any other term or fine (or both), each side is entitled to ___ peremptory challenges.
  23. Scientific Jury Selection
    Selecting people to serve on a jury through the systematic application of social scientific expertise

    - first used in 1972
  24. juror characteristics
    There are NO reliable ___ ___ to predict how a juror will respond
  25. Just World belief
    the belief that "people get what they deserve and deserve what they get."
  26. Authoritarianism
    personality trait with the following characteristics:

    • - conventional values
    • - rigid beliefs
    • - intolerant of weakness
    • - identify with and submit to authority figures
    • - suspicious of and punitive attitude toward people who violate established norms and rules
  27. Similarity-Leniency Hypothesis
    predicts that jurors who are similar to the defendant will emphasize and identify with the defendant and be less likely to convict

    - applies when evidence is inconclusive and when similar jurors outweigh dissimilar jurors

    - only Race and Gender have been examined
  28. Domestic Violence
    any assault, battery, sexual assault, or criminal offenses resulting in personal injury/death of one family/household member by another who is residing in the same dwelling
  29. Intimate Partner Violence
    Any assault that results in the personal injury/death of one+ family/household members by another who is/was residing in the same dwelling
  30. Violence Against Women Act
    facilitates protective orders for women

    - women 8x more likely to be victims
  31. Tension Building

    Acute Battering

    Cycle of Abuse

    • -
    • -
    • -
  32. Family Only Batterer
    Batterer typology where they are not typically violent outside of the family

  33. Dysphoric/Boarderline Batterer
    Batterer typology where they have a mental disorder, psychologically disturbed, emotionally volatile

  34. Generally Violent/Antisocial Batterer
    Batterer who is more likely to use weapons, cause severe injury

  35. Spousal Assault Risk Assessment (SARA)
    forensic assessment of domestic violence - risk in family situations
  36. Rape
    forced penetration in vaginal, anal, or oral regions
  37. Sexual Assault
    recognizes that victims may be violated in other ways than rape
  38. Aggravated Sexual Abuse by Force/Threat of Force
    When a person "knowingly causes another person to engage in a sexual act ... or attempts to do so by using force against the person ..."
  39. Aggravated Sexual Abuse by Other Means
    when a person knowingly renders another person unconscious and thereby engages in a sexual act with that other person.
  40. Statutory Rape
    Unlawful sexual intercourse with a female younger than the age of consent, which may be anywhere between 12-18, depending on the jurisdiction and state statute.
  41. Rape by Fraud
    act of having sexual relations with a consenting adult female under fraudulent conditions
  42. Date (Acquaintance) Rape
    sexual assault that occurs within the context of a dating relationship
  43. Syndrome
    describes a cluster of related symptoms that lead to significant dysfunction in the performance of normal activities
  44. Disorder
    clinically significant behavioral or psychological syndromes
  45. DSM criteria for PTSD
    a severe anxiety disorder following a traumatic event. Diagnosed in people who have responded to trauma with "intense fear, helplessness, or horror."
  46. - Reexperiencing of the event

    - avoidance of stimuli associated with the event

    - heightened arousal or hypervigilance

    - persistent symptoms that last more than a month
    4 Criteria for a PTSD Diagnosis
  47. Acute PTSD
    Type of PTSD where duration of symptoms is less than 3 months
  48. Chronic PTSD
    Type of PTSD where duration if symptoms is 3 months or longer
  49. PTSD with Delayed Onset
    Type of PTSD where the onset of symptoms is at least 6 months after the stressor
  50. Lenore Walker - 1979
    Term "Battered Women's Syndrome" was first used by ___
  51. Rape Trauma Syndrome (RTS)
    a group of syndromes that represent how women might respond to the trauma of being raped.  Hypothesizes that recovery from rape follows two stages.
  52. Acute Crisis Stage (RTS)
    First stage of RTS - usually lasts a few weeks

    - severe physical symptoms and emotional disturbances. 

    - Intellectual functioning is also likely to be impaired
  53. Reorganization Stage (RTS)
    The second stage of RTS involves the long process of recovery from rape.
  54. - PTSD more established in DSM

    - Tests used to assess PTSD

    - Structured interviews used to assess PTSD
    Advantages of using PTSD vs. BWS
  55. 5-Level Model of Expert Testimony
    a guide for what type of expert testimony should be allowed to link mental illness to a particular legal outcome
  56. - Physical Abuse

    - Neglect

    - Sexual Abuse

    - Emotional Abuse
    4 Types of Child Maltreatment
  57. Physical Abuse
    Physically harmful acts:

    - punching, beating, kicking, biting, burning, shaking

    Often occurs as a result of over-discipline or punishment
  58. Physical Neglect
    refusal or delay in seeking health care, expulsion from the home or refusal to allow a runaway to return home, abandonment, inadequate supervision
  59. Educational Neglect
    allowing chronic truancy, failing to enroll a child in school, failing to attend a child's special education needs.
  60. Emotional Neglect
    inattention to child's needs for affection, refusal or failure to provide needed psychological care, spousal abuse in child's presence, permission of drug or alcohol use by child
  61. Sexual Abuse
    acts ranging from sexual touching to exhibition, intercourse, and sexual exploitation
  62. Emotional Abuse
    acts or omissions that could cause serious behavioral. cognitive, emotional, or mental disorders

    • - verbal threats, put-downs
    • - extreme/bizarre punishment
    • - exists, to some degree, in all forms of maltreatment
  63. Munchausen Syndrome by Proxy (MSBP)
    a form of child abuse in which a parent (mother, usually) consistently and chronically subjects a child to medical attention w/o any actual medical condition/symptoms being present

    - presenting symptoms are falsified or directly induced by the parent
  64. by proxy
    refers to a parent's dominating influence in the presentation of symptoms to the medical staff
  65. Allow
    to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected
  66. a misdemeanor
    Any person who knowingly and willfully violates the provisions of the "NV guidelines of Child Abuse" is guilty of ___
  67. - family courts
    - custody
    - parental terminations
    - civil suits for damages
    Civil proceedings (for child abuse)
  68. - Introductory (rules incl. saying "I don't know/remember)

    - Rapport-Building

    - Substantive: focus child on incident/questions
    NICDH Investigative Interview Protocol
  69. Closed Circuit Television (CCTV)
    a technique for allowing a victim to testify without actually being in the courtroom

    - Jurors are not more biased against defendants but are somewhat biased against the child testifying
  70. all or part
    Most people who were sexually abused as children remember ___ of what happened to them.
  71. - Not everything gets into memory

    - What gets into memory may vary in strengths

    - The status of information in memory changes in memory

    - Retrieval is not perfect (not all that is stored is retrieved)
    • 4 Important Points about Memory
    • (Ornstein, Ceci, Loftus)
  72. iatros
    Greek word for physician
  73. genic
    word that refers to cause
  74. iatrogenic
    the tendency of clinicians to unintentionally engender symptoms or recollections in their patients
  75. - difference between truth and lying

    obligation to tell the truth

    - if child is able to observe, remember, communicate what happened and answer simple questions
    Competency determinations for children as witnesses focus on

    • -
    • -
    • -
  76. less likely
    Children recall less detail, and they are ___ likely than adults to make errors about what they did see.
  77. more
    Preschool age children are ___ vulnerable to suggestion than school-aged children or adults
  78. open-ended / close-ended
    Repeated ___-ended questions are better than repeated ___-ended questions
  79. - how many times the child was questioned

    - who interviewed the child

    - what type of questions were asked

    - consistency of child's report over time
    To determine credibility of a child witness ...

    • -
    • -
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  80. Legal Parental Authority
    custody authority - decision making concerning child's long-term welfare, education, medical, religious
  81. Physical Authority
    custody authority concerning daily activities - where the child lives
  82. - Sole
    - Divided
    - Joint
    - Split
    4 Basic Types of Custody
  83. Sole custody
    one parent has legal and physical authority
  84. Divided Custody
    each parent has legal and physical authority, but authority shifts over time (i.e. every 6 mo., every 5 days, etc.)
  85. Joint Custody
    both parents share legal and physical authority
  86. Limited Joint Custody
    Both parents have legal authority, but one has physical authority with visitation
  87. Split Custody
    One parent has legal authority and the other has physical authority
  88. psychologists
    Child custody evaluations are most frequently done by ___
  89. Tender Years
    Old notion that fostering mother-child relationship (especially before age 7) most important
  90. Psychological Parent Rule
    Old notion that child's primary need was seemingly omnipotent, omnipresent attachment figure to whom child most attached

    - that parent should have sole custody and determine contact with other parent
  91. Best Interest of Child
    Current Notion that parents' legal rights are secondary to what's best for the child
  92. Least Detrimental Alternative
    judges determine child custody on basis of what will do the least amount of harm to the child
  93. many instruments are not grounded in research
    With regards to child custody evaluations, Krauss and Sales found that ___
  94. examiners are not neutral
    With regards to child custody battles, LaFortune and Carpenter found that ___
  95. the level of conflict between the parents post divorce
    The biggest determinant of the child's adjustment after a divorce is ___
  96. doesn't support superiority of any one arrangement over others
    In conclusion, with regards to custody arrangements, research ___
  97. the court / legal master
    Parent Coordination is appointed by ___

    - involves a ___ who is stronger than a mediator and can make legal decisions.
  98. Mathematical Model
    juries use a mental meter that moves toward guilty or not guilty based on weight of the evidence
  99. Story Model
    jurors create stories to make sense of the evidence while hearing evidence at trial, then pick the verdict that best matches their story
  100. Pretrial Publicity
    People exposed to ___ ___ coverage are more likely to presume guilt and may misremember details as being presented in court.
  101. Civil Trials
    In ___ trials, jurors are more harsh with corporations than indiviuals
  102. Impeachment Evidence
    evidence meant to damage witness's credibility for the purpose of establishing the honesty of their current testimony

    - jurors use this evidence more broadly ("dishonesty is their disposition")
  103. Leniency Bias
    in an (almost) evenly split jury, the final verdict is most likely to be "not guilty"
  104. Informational Conformity
    juror changes their mind due to compelling arguments made by other jurors
  105. Normative Conformity
    juror doesn't change their mind, but changes their vote to give in to group pressure from other jurors
  106. Orientation
    Stage One in the deliberation process where jurors elect a foreperson, discuss procedures, and raise general issues
  107. Open-Conflict
    Stage Two in the deliberation process where differences in opinion among members of the jury become apparent and coalitions may form between members of the group.
  108. Reconciliation
    Stage Three in the deliberation process where attempts may be made to soothe hurt feelings and make everyone satisfied with the verdict
  109. Testimony / Arguments
    Studies show that large juries are better at remembering ___, but that small juries are better at recalling ___.
  110. - Felony
    - Misdemeanor
    - Capital
    - Civil
    Typically, Unanimity is required for criminal cases

    • - 44 states for ___
    • - 26 states for ___
    • - All states for ___
    • - 18 states for ___
  111. Quorum Juries
    • - juries that don't require unanimity
    • - lose viable minority participation
  112. Jury Nullification
    The power of the jury to reject the law
  113. Jury Instructions
    Contain information about the verdict categories and standard of proof
  114. Pattern Instructions
    provided by Federal Judicial Center

    standard, uniform instructions applied across jurisdictions
  115. Reasonable Doubt
    a doubt based upon reason and common sense and is not based purely on speculation
  116. dropped
    With regards to domestic violence, charges against the state cannot be ___
  117. Misdemeanor
    Domestic Violence is classified as a ___; because it (is)

    • - considered a petty crime
    • - cannot serve more than 6 months in jail
    • - no right to a jury trial
  118. maximum jail sentence for the crime
    Entitlement to a jury trial is based on the ___
  119. Gross Misdemeanor and Felony
    2 types of crimes entitled to a jury

    - ___: can serve up to 12 months

    - ___: can server 12 months +
  120. Blanton vs. City of North Las Vegas
    9-0 Justices ruled that a DUI is NOT eligible for a jury trial
  121. - 2nd

    - an unfit parent

    - medical
    With a domestic violence charge:

    - Lose ___ amendment right

    - Legal alien will be deported

    - Considered ___ in a custody battle

    - Cannot be in the ___ profession
  122. 8th Circuit
    In the ___ circuit court of appeals

    - 3rd DUI (w/i 7 years) is a misdemeanor, serve 6mo. (1 year in NV - 9th circuit), lose driver's license for 15 years

    - Right to jury trial
Card Set
PSY 469 Exam III
CH 6, 10, 11, 12, 13