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1 David Myers Chapter 15 - 11e Dr. Noelle Scuderi ©2013 McGraw-Hill Companies How Reliable Is Eyewitness Testimony? � The Power of Persuasive Eyewitnesses � In cases with no eyewitness testimony the conviction rate is only 18 percent; WITH eyewitness testimony the conviction rate skyrockets to 72 percent � Discrediting the eyewitness may reduce the number of guilty votes, but unless contradicted by another eyewitness, a vivid eyewitness account is difficult to erase from jurors’ minds! � In staged theft experiments, both correct & incorrect eyewitnesses were believed 80% of the time! (Wells et al., 1979) � Jurors are skeptical of eyewitnesses whose memory of trivial details is poor, even though they are often the most accurate witnesses! 2 How Reliable Is Eyewitness Testimony? � When Eyes Deceive � Eyewitnesses are often more confident than correct! � Multiple studies have demonstrated an approximately 20 point spread between percent confidence and percent correct, leading to a 20% incidence of mistaken identification! � Strong emotions and traumas may corrupt eyewitness memories � Ex. In high stress, interrogation situation where the interrogators were clearly visible, only 30% could accurately identify the interrogator, versus 62% in a low-stress interrogation scenario (Morgan et al., 2004) How Reliable Is Eyewitness Testimony? � The Misinformation Effect (Elizabeth Loftus) � Incorporating “misinformation” into one’s memory of the event after witnessing an event and receiving misleading information about it � How introduced? � Children are especially susceptible � “Imagination inf lation” � Retelling � Commits people to their recollections, whether they are accurate or not � Adjusting our retelling to please our audience may result in us altering our own memory of the event 3 How to Increase the Reliability of Eyewitnesses & Jurors? � Train police interviewers to use cognitive interviews � Allow uninterrupted retelling by witness having them start with visualizing the scene & explaining the setting � The follow up with questions on whether there was anything unusual about . . . � Minimize false lineup identifications � 10-12 second rule � Remind witnesses that the culprit may not be in the lineup � Use blind testing, control grps or blank lineups & Sequential lineups � Use Scripted and neutral questions – no feedback � Educate jurors about pitfalls of eyewitness testimony What Other Factors Influence Juror Judgments? � The Defendant’s Characteristics � Physical attractiveness � Similarity to the jurors (including race) � Social or Socio-economic status � The Judge’s Instructions � Ignoring inadmissible evidence that has already been heard by jurors is very difficult (including pretrial publicity) � Sometimes being asked to ignore evidence can give that evidence even more impact - ? Why ? � Severity of the potential sentence 4 What Influences the Indiv.
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Examine Forensic Examine Forensic Testimony Name Class Date Professor Examine Forensic Testimony Forensic evidence has become more and more important in the court case for proving the guilt or innocence of a criminal defendant. Due to new technology the world of forensics is becoming more and more advanced providing law enforcement with all types of new investigatory tools and ways for the court to prove or disprove guilt. It is essential for law enforcement agencies to have trained forensic personnel with the skills to properly collect the evidence first to ensure the evidence does not become lost, destroyed, or damaged and the forensic evidence is accepted in a court of law. Improper collection of evidence is only one of many potential challenges associated with forensic evidence but it is an important challenge that must be addressed. Forensic evidence is collected at the crime scene. If the evidence is not properly documented and collected it can be found to be unreliable in the court process. In order for forensic evidence to be accepted in a court of law it must be documented through sketches, photographs, and video tapings and it must be collected using accepted standard forensic collection methods. If evidence is not properly documented or collected the chain of evidence is broken and the court will exclude the evidence from the court case. The chain of evidence refers to an important aspect of forensic involving the movement of evidence. In order to show the court the evidence was located and collected at the scene and then taken directly to the lab for analysis as well as being stored properly at the lab there needs to be clear documentation. This starts with photographing the evidence located at the scene and clearly documenting each step of the collection and analysis process. When forensic evidence is presented in court it must be able to meet a specific legal standard before it can be accepted as reliable evidence in a court of law. The legal standard that is applied to testing reliability is either the Frye or Daubert Standard. In the Frye standard forensic evidence must be collected and analyzed employed widely accepted scientific methods. The Daubert standard came after Frye and requires not only that the evidence be collected and analyzed using widely accepted forensic methods, the scientific must be tested using the scientific method, and the evidence must be reliable and relevant. Each state applies a different standard. States with Frye have less of requirement for reliability than states with Daubert. The CSI Effect is the one of the biggest problem facing courts in the 21st Century. Due to shows, such as CSI, showing a glamorized version of the forensic process, juries expect prosecutors and defense attorneys to present forensic evidence, showing guilt or innocence but most of this burden is put on the state not the defense (Vergano, 2011). The truth is most ca ...
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Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca ...
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Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca.
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This article aims to demonstrate that the Lula government is faced with two major challenges in its effort to promote Brazil's economic and social development. The first challenge, of an economic nature, is represented by the obstacles that exist with the spending cap policy, despite the flexibility provided by the fiscal framework and the existence of an independent Central Bank, which make the Brazilian government unable to coordinate its fiscal and monetary policies, make public investments in the expansion of the economy and obtain macroeconomic stability and, the second challenge, of a political nature, is represented by the obstacles existing in the National Congress due to the fact that it does not have a majority in parliament, which prevents the federal government from putting its national developmental project into practice and fully meet social demands. For Brazil's progressive forces to re-elect President Lula in the 2026 presidential elections and obtain a parliamentary majority in the National Congress committed to political, economic and social advances, the Lula government will have to be successful on the economic front, promoting the expansion of the economy, increasing significantly generating jobs and income, keeping inflation under control and meeting the maximum social demands that benefit, above all, the country's underserved populations. Brazil's progressive forces need to commit, starting from the 2024 municipal elections, towards to elect the maximum number of mayors and councilors committed to Brazil's political, economic and social advances. These are the conditions to prevent, in 2026, right-wing extremists from regaining the Presidency of the Republic, expanding their participation in state governments and the National Congress and putting their nefarious anti-social and anti-national project into practice.
THE OBSTACLES THAT IMPEDE THE DEVELOPMENT OF BRAZIL IN THE CONTEMPORARY ERA A...
THE OBSTACLES THAT IMPEDE THE DEVELOPMENT OF BRAZIL IN THE CONTEMPORARY ERA A...
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America Is the Target; Israel Is the Front Line _ Andy Blumenthal _ The Blogs...
America Is the Target; Israel Is the Front Line _ Andy Blumenthal _ The Blogs...
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THE OBSTACLES THAT IMPEDE THE DEVELOPMENT OF BRAZIL IN THE CONTEMPORARY ERA A...
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Wrongful Convictions
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WRONGFUL CONVICTIONS International
Centre for Criminal Law Reform and Criminal Justice Policy China/Canada Project Toronto, July 14, 2006 Daniel J. Brodsky
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