right to a trial by an impartial jury in criminal cases
right to a trial by jury in most civil cases
NO Constitutional right for Juveniles to be tried by a jury in ___ ___.
voter registration lists
Primary source for potential jurors comes from ___ ___ ___
Never convicted of a Felony
reactions and interpretations
juror ... responses
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.
Locus of Control
how people explain what happens to them
Internal Locus of Control
see outcomes in life due to one's own abilities and efforts
External Locus of Control
See outcomes in life as due to forces outside of one's self.
cause undue hardship or extreme inconvenience
Can be excused from Jury Duty if . . .
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.
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.
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.
Group of eligible people summoned to report for jury duty
Group that survives the voir dire process
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.
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
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
Potential juror is a member of some group related to the defendant
The privilege for lawyers to dismiss potential jurors without giving a reason for removal and without approval from the judge.
- Limited by statute
NRS: Peremptory challenge
Any challenge not exercised in its proper order (sequence) ___
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.
Scientific Jury Selection
Selecting people to serve on a jury through the systematic application of social scientific expertise
- first used in 1972
There are NO reliable ___ ___ to predict how a juror will respond
Just World belief
the belief that "people get what they deserve and deserve what they get."
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
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
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
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
Violence Against Women Act
facilitates protective orders for women
- women 8x more likely to be victims
Family Only Batterer
Batterer typology where they are not typically violent outside of the family
Batterer typology where they have a mental disorder, psychologically disturbed, emotionally volatile
Generally Violent/Antisocial Batterer
Batterer who is more likely to use weapons, cause severe injury
Spousal Assault Risk Assessment (SARA)
forensic assessment of domestic violence - risk in family situations
forced penetration in vaginal, anal, or oral regions
recognizes that victims may be violated in other ways than rape
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 ..."
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.
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.
Rape by Fraud
act of having sexual relations with a consenting adult female under fraudulent conditions
Date (Acquaintance) Rape
sexual assault that occurs within the context of a dating relationship
describes a cluster of related symptoms that lead to significant dysfunction in the performance of normal activities
clinically significant behavioral or psychological syndromes
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."
- 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
Type of PTSD where duration of symptoms is less than 3 months
Type of PTSD where duration if symptoms is 3 months or longer
PTSD with Delayed Onset
Type of PTSD where the onset of symptoms is at least 6 months after the stressor
Lenore Walker - 1979
Term "Battered Women's Syndrome" was first used by ___
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.
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
Reorganization Stage (RTS)
The second stage of RTS involves the long process of recovery from rape.
- PTSD more established in DSM
- Tests used to assess PTSD
- Structured interviews used to assess PTSD
Advantages of using PTSD vs. BWS
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
- Physical Abuse
- Sexual Abuse
- Emotional Abuse
4 Types of Child Maltreatment
Physically harmful acts:
- punching, beating, kicking, biting, burning, shaking
Often occurs as a result of over-discipline or punishment
refusal or delay in seeking health care, expulsion from the home or refusal to allow a runaway to return home, abandonment, inadequate supervision
allowing chronic truancy, failing to enroll a child in school, failing to attend a child's special education needs.
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
acts ranging from sexual touching to exhibition, intercourse, and sexual exploitation
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
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
refers to a parent's dominating influence in the presentation of symptoms to the medical staff
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
Any person who knowingly and willfully violates the provisions of the "NV guidelines of Child Abuse" is guilty of ___
- family courts
- parental terminations
- civil suits for damages
Civil proceedings (for child abuse)
- Introductory (rules incl. saying "I don't know/remember)
- Substantive: focus child on incident/questions
NICDH Investigative Interview Protocol
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
all or part
Most people who were sexually abused as children remember ___ of what happened to them.
- 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)
Greek word for physician
word that refers to cause
the tendency of clinicians to unintentionally engender symptoms or recollections in their patients
- 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
Children recall less detail, and they are ___ likely than adults to make errors about what they did see.
Preschool age children are ___ vulnerable to suggestion than school-aged children or adults
open-ended / close-ended
Repeated ___-ended questions are better than repeated ___-ended questions
- 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 ...
Legal Parental Authority
custody authority - decision making concerning child's long-term welfare, education, medical, religious
custody authority concerning daily activities - where the child lives
4 Basic Types of Custody
one parent has legal and physical authority
each parent has legal and physical authority, but authority shifts over time (i.e. every 6 mo., every 5 days, etc.)
both parents share legal and physical authority
Limited Joint Custody
Both parents have legal authority, but one has physical authority with visitation
One parent has legal authority and the other has physical authority
Child custody evaluations are most frequently done by ___
Old notion that fostering mother-child relationship (especially before age 7) most important
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
Best Interest of Child
Current Notion that parents' legal rights are secondary to what's best for the child
Least Detrimental Alternative
judges determine child custody on basis of what will do the least amount of harm to the child
many instruments are not grounded in research
With regards to child custody evaluations, Krauss and Sales found that ___
examiners are not neutral
With regards to child custody battles, LaFortune and Carpenter found that ___
the level of conflict between the parents post divorce
The biggest determinant of the child's adjustment after a divorce is ___
doesn't support superiority of any one arrangement over others
In conclusion, with regards to custody arrangements, research ___
the court / legal master
Parent Coordination is appointed by ___
- involves a ___ who is stronger than a mediator and can make legal decisions.
juries use a mental meter that moves toward guilty or not guilty based on weight of the evidence
jurors create stories to make sense of the evidence while hearing evidence at trial, then pick the verdict that best matches their story
People exposed to ___ ___ coverage are more likely to presume guilt and may misremember details as being presented in court.
In ___ trials, jurors are more harsh with corporations than indiviuals
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")
in an (almost) evenly split jury, the final verdict is most likely to be "not guilty"
juror changes their mind due to compelling arguments made by other jurors
juror doesn't change their mind, but changes their vote to give in to group pressure from other jurors
Stage One in the deliberation process where jurors elect a foreperson, discuss procedures, and raise general issues
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.
Stage Three in the deliberation process where attempts may be made to soothe hurt feelings and make everyone satisfied with the verdict
Testimony / Arguments
Studies show that large juries are better at remembering ___, but that small juries are better at recalling ___.
Typically, Unanimity is required for criminal cases
- - 44 states for ___
- - 26 states for ___
- - All states for ___
- - 18 states for ___
- - juries that don't require unanimity
- - lose viable minority participation
The power of the jury to reject the law
Contain information about the verdict categories and standard of proof
provided by Federal Judicial Center
standard, uniform instructions applied across jurisdictions
a doubt based upon reason and common sense and is not based purely on speculation
With regards to domestic violence, charges against the state cannot be ___
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
maximum jail sentence for the crime
Entitlement to a jury trial is based on the ___
Gross Misdemeanor and Felony
2 types of crimes entitled to a jury
- ___: can serve up to 12 months
- ___: can server 12 months +
Blanton vs. City of North Las Vegas
9-0 Justices ruled that a DUI is NOT eligible for a jury trial
- an unfit parent
With a domestic violence charge:
- Lose ___ amendment right
- Legal alien will be deported
- Considered ___ in a custody battle
- Cannot be in the ___ profession
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