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NEU Psych & the Law Spring 2011 Ch 12
These flashcards go over all review material at the end of the chapter
54
Psychology
Not Applicable
04/19/2011

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Cards

Term
Describe the issue of jury competence
Definition

Some parties argue that jurors might get hung up on superficial extralegal factors which may impact their eventual ruling. Another criticism is that they might take expert testimony too seriously (or not even comtemplate its importance at all if they don't understand it). Instructions are also an issue in whether jurors follow them or not. Also, complex cases can be rather questionable as well

Term
What is the impact of extralegal information on jurors?
Definition

Research suggests that in criminal cases, a defendant's prior record, multiple charges or character and personality may be a factor. In civil cases, the extent of physical injuries to the plantiff may impact the decisions of juries

Term
Can jurors disregard inadmissible evidence?
Definition

Research has shown that the more emphasis that a judge puts on the inadmissibility of certain evidence, the more jurors may tend to linger on it

Term
How can jurors be helped to understand their instructions?
Definition

Before the trial begins, jruros can be informed as to the parts of the law that will apply to their case. Also, judges can provide written copies of instructions but they often fail to answer jurors questions regarding these instructions

Term
What is meant by the statement "Bias in inevitable in jurors?"
Definition

Bias refers to the human predisposition to make interpretations on the basis of beliefs and past experiences. Bias is inevitable because it is inescapable human nature to make assumptions about human behavior

Term
What reforms of the jury system to psychologists suggest?
Definition

First and foremost, the information-processing demands placed on jurors must be simplified. Instructions should also be simplified and explained clearer. Mid-trial discussion would also likely benefit the process in addition to the posing of questions from jurors to the judge

Term
What is aversive racism?
Definition

Aversive racism is when people believe in racial equality and view themselves as nonprejudiced but have unconscious, negative beliefs about people of other races; in situations that make those negative beliefs salient, aversive racists try to avoid acting on them or express them in subtle ways

Term
What is the central route?
Definition

The central route is when people carefully and effortfully think about all of the information relevant to the merits of the situation

Term
What is a class action case?
Definition

A class action case is a case that involves many plaintiffs who collectively form a "class" and who claim that they suffered similar injuries because of a defendant's actions

Term
What is defensive attribution?
Definition

Defensive attribution is an explanation for behavior that enables people to deal with perceived inequities in others' lives and to avoid feelings of vulnerability

Term
What is defensive attribution?
Definition

Defensive attribution is an explanation for behavior that enables people to deal with perceived inequities in others' lives and to avoid feelings of vulnerability

Term
What is the dual process theory of attitude change?
Definition

The dual process theory of attitude change is the theory that there are two different kinds of information-processing strategies or "routes" that people use to reach decisions

Term
What is evidentiary strength?
Definition

Evidentiary strength refers to the nature of the evidence regarding guilt in a legal proceeding and is probably the most important determinant of jurors' verdicts

Term
What is joinder?
Definition

Joinder is the combinig of multiple defendants or multiple charges in one trial

Term
What is juror bias?
Definition

Juror bias is the tendency of any juror to evaluate the facts of the case such that the juror favors one side or the other

Term
What is jury nullification?
Definition

Jury nullification is an option for the jury that allows it to disregard both the law and the evidnecen and acquit the defendant if the jury believes that an acquittal is justified

Term
What is the legal definition of liable?
Definition

Liable means responsibile or answerable for some action

Term
What is liberation hypothesis?
Definition

Liberation hypothesis is the hypothesis that implies that when the strength of the evidence against a defendant is weak, jurors are free to rely on nonlegal information to inform their decisions

Term
What is outcome severity?
Definition

Outcome severity is the severity of an accident or injury

Term
What is the peripheral route?
Definition

The peripheral route is when people utilize simple cus such as the mere presence of an expert or extraneous details to influence their judgments

Term
What is predecisional distortion?
Definition

Predesicional distortion is a phenomenon by which jurors' initial inclinations influence the way they interpret evidence presented during a trial

Term
What is primary effect?
Definition

Primary effect refers to the influence of infomraiton that is presented first in a series

Term
Propensity evidence
Definition

Propensity evidence is evidence of a defendant's past wrongdoings that suggest the defendant had the propensity or inclination to commit a crime

Term
What is psycholinguistics?
Definition

Psycholinguistics is the psychological study of how people use and understand language

Term
What is reactance theory?
Definition

Reactance theory is a theory that proposes that if something is denied or withheld from a person, the person's desire for it will increase

Term
What is recency effect?
Definition

Recency effect is the influence of information that is presented last in a series

Term
What is a schema?
Definition

A schema is an individual's cognitive framework or set of preconceptions that helps that person attend to, organize and interpret relevant information

Term
What is the story model?
Definition

The story model is the notion that people construct a story or narrative summary of the events in a dispute

Term
What is the sympothy hypothesis?
Definition

The sympothy hypothesis is the assumption that jurors' decisions will be influenced by feelings of sympathy

Term
What is thought suppression?
Definition

Thought suppression is the attempt to avoid thinking about something

Term
About how many jury trials are conducted in the US each year?
Definition

About 150,000

Term
What amount of Americans have gone to jury duty and about what percent have actually served as jurors?
Definition

About 2/3 of Americans have gone through jury duty while about 1/4 has actually served on a jury

Term
Why is the prosecution often not allowed to enter evidence regarding the suspect/defendant's past criminal record?
Definition

Research has shown that if juries hear about someone's past criminal record and they are being either tried or sued for something now, they are much more likely to rule against the suspect/defendant when the verdict is decided

Term
Why are clients often advised to not take the witness stand on their own behalf?
Definition

If they have a prior record, even a limiting instruction can go unheeded by the jury and that information may play into their decision

Term
What finding has been found when looking at multiple charges and rates of conviction?
Definition

It has been overwhelmingly found that charges that are tried with other charges are more likely to be found guilty or at fault for that charges tried separately

Term
What is the policy regarding character and propensity evidence in cases and what is the exception to this?
Definition

Typically, character and propensity evidence can't be used in court due to potential formation of biases. However, in sex crimes, this is thrown out since past offenses of a sexual nature may indicate a tendency to commit similar offenses in the future

Term
What two fundamental decisions do juries in civil cases typically
Definition

Juries decide whether or not the defendant is liable (or responsibile for the alleged issues) and whether the plantiff should receive damages (and how much)

Term
How should jurors decide liability in a case?
Definition

Jurors should decide liability based on the conduct of the defendant

Term
What was the median award for damages in a civil case?
Definition

$28,000

Term
What percentage of civil cases awarded more than 1 million dollars in damages?
Definition

4%

Term
What are some issues that arise in regards to inadmissible evidence?
Definition

Jurors are more likely to disregard inadmissible evidence if the judge provides a reason for its inadmissibility. However, sometimes these instructions backfire and the jurors are more likely to consider inadmissible evidence. Jury deliberations can typically lessen the impact of such evidence

Term
What is one concern regarding jurros and expert witnesses?
Definition

Sometimes, jurors lack the analytical skills necessary to truly decide the weight of expert testimony and therefore resort to peripheral processing to decide the weight of the testimony

Term
What is one of the real concerns regarding jurors and expert testimony?
Definition

Expert testimony will often entrance jurors and cause them to rely less and less on their own thoughts and judgments and will allow the expert to effectively think for them

Term
Can jurors decide between legitamate research and flawed research?
Definition

No

Term
What finding did Forster Lee and Horowitz find in regards to evidence presentation?
Definition

 They found that instructions provided before the presentation of evidence actually resulted in higher abiding to the instructions than instructiosn presented after the evidence

Term
How would juries behave if they were more frequently informed of the process of jury nullification?
Definition

Juries tend to rely on their feelings and sentiments and that they nullify the conditions only when the law seems unfair

Term
Why are jury trials in complex cases typically not used?
Definition

1. The evidence can be too complex and difficult for the average person to understand 2. The information load can be excessive 3. Less capable jurors are left to decide the case due to voir dire

Term
How does a complex case affect jurors?
Definition

Jurors' ability to decide complex cases is often impaired by complex cases and critics have often said that the cases should be simplified in their presentations to the jury

Term
What is the blank slate assumption and why is this a foolish thought?
Definition

The blank slate assumption is when courts assume that potential jurors can make unbiased decisions regarding cases but this is not true due to the influence of past events and experiences

Term
Are jurors biased towards the defense or the plantiff in civil cases?
Definition

Sometimes smypathy plays a role in the case but juror can even show downright hostility to the plantiff if the case presents itself as such

Term
What discrepancies arise in the damages awarded in civil cases?
Definition

Awards from medical malpractice and product liability cases are typically much higher than damages from automobile accidents

Term
How do jurors process information during the trial?
Definition

They pay attention to pieces of information and evidence presented in a sort of story model; they use the pieces of evidence they need to construct their story while disregarding pieces that don't fit

Term
What are some of the jury reforms that have been proposed?
Definition

1. Listing witnesses and summarizing their testimony in long or complex cases 2. Giving pre-trial or interim instructions during a lengthy trial 3. Allowing jurors to take notes 4. Giving jurors a writeen copy of the judge's instructions

Term
What are two of the primary more radical jury process reforms that have been proposed?
Definition

1. The posing of questions by jurors; questions are screened by judges which are then passed on to the witness 2. Allow jurors to discuss evidence in the midst of a trial; some parties argue that this may encourage premature decision making on the part of jurors

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