PSY 469 Exam III

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 ___ ___.

Primary source for potential jurors comes from ___ ___ ___

Jurors must (be) . . .

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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.

how people explain what happens to them

see outcomes in life due to one's own abilities and efforts

See outcomes in life as due to forces outside of one's self.

Can be excused from Jury Duty if . . .

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.

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.

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

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

Any assault that results in the personal injury/death of one+ family/household members by another who is/was residing in the same dwelling

facilitates protective orders for women

- women 8x more likely to be victims

Cycle of Abuse

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Batterer typology where they are not typically violent outside of the family

(50%)

Batterer typology where they have a mental disorder, psychologically disturbed, emotionally volatile

(25%)

Batterer who is more likely to use weapons, cause severe injury

(25%)

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

When a person "knowingly causes another person to engage in a sexual act ... or attempts to do so by using force against the person ..."

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.

act of having sexual relations with a consenting adult female under fraudulent conditions

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

a severe anxiety disorder following a traumatic event. Diagnosed in people who have responded to trauma with "intense fear, helplessness, or horror."

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

Type of PTSD where the onset of symptoms is at least 6 months after the stressor

Term "Battered Women's Syndrome" was first used by ___

a group of syndromes that represent how women might respond to the trauma of being raped.  Hypothesizes that recovery from rape follows two stages.

First stage of RTS - usually lasts a few weeks

- severe physical symptoms and emotional disturbances. 

- Intellectual functioning is also likely to be impaired

The second stage of RTS involves the long process of recovery from rape.

Advantages of using PTSD vs. BWS

a guide for what type of expert testimony should be allowed to link mental illness to a particular legal outcome

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

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 ___

Civil proceedings (for child abuse)

NICDH Investigative Interview Protocol

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

Most people who were sexually abused as children remember ___ of what happened to them.

• 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

Competency determinations for children as witnesses focus on

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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

Repeated ___-ended questions are better than repeated ___-ended questions

To determine credibility of a child witness ...

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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

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

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

Current Notion that parents' legal rights are secondary to what's best for the child

judges determine child custody on basis of what will do the least amount of harm to the child

With regards to child custody evaluations, Krauss and Sales found that ___

With regards to child custody battles, LaFortune and Carpenter found that ___

The biggest determinant of the child's adjustment after a divorce is ___

In conclusion, with regards to custody arrangements, research ___

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

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

Entitlement to a jury trial is based on the ___

2 types of crimes entitled to a jury

- ___: can serve up to 12 months

- ___: can server 12 months +

9-0 Justices ruled that a DUI is NOT eligible for a jury trial

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