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what are the three purposes of a trial? |
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1. a search for the truth 2. a test of credibility 3. conflict-resolving ritual |
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discovery written interrogatories depositions decision rule |
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statements from parties involved (where cross-examination isn't allowed) |
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pretrial process where each side tries to gain vital info about the case that will be presented by the other side |
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oral statement (in question and answer form) by a potential witness, given under oath in the presence of a court reporter and attorneys from both sides (allows opposing lawyer to cross-examine) |
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governs whether a jury must reach a unanimous verdict or a majority vote will suffice for a verdict |
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two steps of the process of identifying jurors |
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draw a panel of prospective jurors from list of licensed drivers and registered voters |
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asking questions of prospective jurors to determine biases and eliminate those who may not be able to render objective service |
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doesn't uncover juror bias |
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encourages broader revelation, can be time consuming and costly (can be oral or written, in a open or closed court) |
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implicit personality theory |
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network of preconceptions a person uses to make sense of how attributes relate to each other and observed behavior |
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heterogeneity of the jury |
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may balance the expression and impression of discrimination or prejudice; improved fact finding and problem solving |
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scientific jury selection |
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social scientists are hired to use empirically based procedures (including focus groups and shadow juries, systematic ratings of prospective jurors, and surveys of the community) to detect bias. |
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overviews of the evidence to be presented (not to be considered evidence) |
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the defenses last chance to question the witness |
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in most jurisdictions, the trial judge makes the decision |
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society grants any defendant the opportunity to appeal a verdict to a high level of courts |
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is used to correct mistakes that that substantially impair the fairness of trials (protecting rights of those who may have been convicted unjustly) |
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having the judge, rather than the jury, decide the defendants guilt, at the defendants request with approval of the prosecutor |
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the jury's verdict being determined by factors beyond the evidence and the law |
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rate of judge/jury agreement in the replication study by hans and vidmar was |
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jury can acquit defendants who were legally guilty but morally upright |
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explantations for the causes of behavior (ours and others) |
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3 parts of attribution theory |
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"naive psychologists" dispositional attributions secondary victimization |
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conclusions about cause of behavior considering personal and environmental factors |
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dispositional attributions |
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rely on the person's ability level, personality, or even temporary states as explanations for the conduct in question |
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societal response to the victimization is more disabling than the original victimization or stigmatic condition |
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actor/observer (bias) difference |
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we find internal causes for others (bad) behavior, but external (situational) for our own behavior |
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belief in a just world keeps |
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anxiety-provoking thoughts about one's own safety at bay |
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fundamental attribution theory |
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people tend to underestimate external influences when explaining other people's behavior |
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self-serving attribution (bias) |
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take credit for our successes, blame our failures on external causes |
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good things more likely to happen to oneself (than others) and bad things less likely to happen to oneself |
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murder, rape, sexual assault, robbery and assault |
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interdisciplinary field about the process and consequences of victimization experiences and how victims recover |
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abused or neglected children were significantly more likely to have been |
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arrested for violent crimes as juveniles or adults |
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24.2 million criminal victimizations occurred, over 5.4 mil being crimes of violence |
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posttraumatic stress disorder |
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suffer a severe trauma and weeks or months later continue to experience intense, fear-related reactions when reminded of the trauma |
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steps in the trial process |
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preliminary actions jury selection trial sentencing appeals |
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review the case and decide whether to overturn the original trial decision or to let it stand |
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kalven and zeisel research |
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judges reported that their verdict would have been the same as 75% |
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the search for truth purpose |
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parties collective search for the truth; to render judgements about truth of falsity of defense and prosecution positions |
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the test of credibility purpose |
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facts and evidence are always incomplete and biased |
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the conflict-resolving ritual purpose |
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to stabilize society, provide answers, and give closure so that people can resume their normal business |
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social desirability effect |
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wanting to appear positive in social contexts |
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strauder v west virginia: selection must be from a cross-section of the community |
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elimates the exclusion of jurors based on religion, race, or other cognizable groups |
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technological advancements- criminal activity |
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cyberstalking and identity theft |
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histories of child abuse/neglected= |
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increased levels of dysthemia and antisocial personality characteristics |
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