Term
Describe the issue of jury competence |
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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 |
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Term
What is the impact of extralegal information on jurors? |
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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 |
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Term
Can jurors disregard inadmissible evidence? |
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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 |
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Term
How can jurors be helped to understand their instructions? |
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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 |
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Term
What is meant by the statement "Bias in inevitable in jurors?" |
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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 |
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Term
What reforms of the jury system to psychologists suggest? |
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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 |
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Term
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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 |
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Term
What is the central route? |
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Definition
The central route is when people carefully and effortfully think about all of the information relevant to the merits of the situation |
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Term
What is a class action case? |
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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 |
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Term
What is defensive attribution? |
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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 |
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Term
What is defensive attribution? |
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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 |
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Term
What is the dual process theory of attitude change? |
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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 |
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Term
What is evidentiary strength? |
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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 |
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Term
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Definition
Joinder is the combinig of multiple defendants or multiple charges in one trial |
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Term
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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 |
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Term
What is jury nullification? |
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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 |
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Term
What is the legal definition of liable? |
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Definition
Liable means responsibile or answerable for some action |
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Term
What is liberation hypothesis? |
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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 |
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Term
What is outcome severity? |
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Definition
Outcome severity is the severity of an accident or injury |
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Term
What is the peripheral route? |
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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 |
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Term
What is predecisional distortion? |
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Definition
Predesicional distortion is a phenomenon by which jurors' initial inclinations influence the way they interpret evidence presented during a trial |
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Term
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Definition
Primary effect refers to the influence of infomraiton that is presented first in a series |
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Term
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Definition
Propensity evidence is evidence of a defendant's past wrongdoings that suggest the defendant had the propensity or inclination to commit a crime |
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Term
What is psycholinguistics? |
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Definition
Psycholinguistics is the psychological study of how people use and understand language |
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Term
What is reactance theory? |
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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 |
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Term
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Definition
Recency effect is the influence of information that is presented last in a series |
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Term
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Definition
A schema is an individual's cognitive framework or set of preconceptions that helps that person attend to, organize and interpret relevant information |
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Term
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Definition
The story model is the notion that people construct a story or narrative summary of the events in a dispute |
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Term
What is the sympothy hypothesis? |
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Definition
The sympothy hypothesis is the assumption that jurors' decisions will be influenced by feelings of sympathy |
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Term
What is thought suppression? |
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Definition
Thought suppression is the attempt to avoid thinking about something |
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Term
About how many jury trials are conducted in the US each year? |
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Definition
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Term
What amount of Americans have gone to jury duty and about what percent have actually served as jurors? |
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Definition
About 2/3 of Americans have gone through jury duty while about 1/4 has actually served on a jury |
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Term
Why is the prosecution often not allowed to enter evidence regarding the suspect/defendant's past criminal record? |
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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 |
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Term
Why are clients often advised to not take the witness stand on their own behalf? |
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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 |
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Term
What finding has been found when looking at multiple charges and rates of conviction? |
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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 |
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Term
What is the policy regarding character and propensity evidence in cases and what is the exception to this? |
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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 |
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Term
What two fundamental decisions do juries in civil cases typically |
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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) |
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Term
How should jurors decide liability in a case? |
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Definition
Jurors should decide liability based on the conduct of the defendant |
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Term
What was the median award for damages in a civil case? |
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Definition
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Term
What percentage of civil cases awarded more than 1 million dollars in damages? |
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Definition
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Term
What are some issues that arise in regards to inadmissible evidence? |
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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 |
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Term
What is one concern regarding jurros and expert witnesses? |
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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 |
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Term
What is one of the real concerns regarding jurors and expert testimony? |
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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 |
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Term
Can jurors decide between legitamate research and flawed research? |
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Definition
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Term
What finding did Forster Lee and Horowitz find in regards to evidence presentation? |
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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 |
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Term
How would juries behave if they were more frequently informed of the process of jury nullification? |
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Definition
Juries tend to rely on their feelings and sentiments and that they nullify the conditions only when the law seems unfair |
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Term
Why are jury trials in complex cases typically not used? |
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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 |
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Term
How does a complex case affect jurors? |
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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 |
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Term
What is the blank slate assumption and why is this a foolish thought? |
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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 |
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Term
Are jurors biased towards the defense or the plantiff in civil cases? |
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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 |
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Term
What discrepancies arise in the damages awarded in civil cases? |
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Definition
Awards from medical malpractice and product liability cases are typically much higher than damages from automobile accidents |
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Term
How do jurors process information during the trial? |
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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 |
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Term
What are some of the jury reforms that have been proposed? |
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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 |
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Term
What are two of the primary more radical jury process reforms that have been proposed? |
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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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