Responding To Criminal Accusations: Confessions, Bargains And Fitness To Plead - Forensic Psychology at University Of Kent At Canterbury | Flashcards & Summaries

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TESTE DEIN WISSEN
What is a coerced-internalised confession?
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TESTE DEIN WISSEN
1. A gradual acceptance of version of events that suggests their guilt.
2. Distrust their own memories; authorities may be right, have more information.
3. Will retract after being convinced that they are actually innocent.
4. Some people continue to believe they are guilty. They trust authority figures more.
5. Also lack self-confidence and have high levels of suggestibility. Kassin 2005.
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TESTE DEIN WISSEN
Describe the process of plea bargaining.
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TESTE DEIN WISSEN
1. If defendant agrees to sanction; will enter a guilty plea.
2. Sanction will mean less time than if defendant was convicted by a jury.
3. Plea-bargaining is seen as being overly lenient prosecution method offenders.
4. Others suggest that defendants are still being coerced. Abrams 2011.
5. Currently in UK,  no formal process, discounted years can be applied.
6. CPS decides the charges; these are informal conversations done in private and are not recorded.
7. Defendant allowed to ask about the Max sentence they could get. Judge can either accept or decline.
Lösung ausblenden
TESTE DEIN WISSEN
What are the 3 different forms of plea bargaining?
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TESTE DEIN WISSEN
1. Sentence bargaining; prosecutor recommends mitigated sentence to judge.
2. Fact bargaining; defendant agrees to guilty plea in exchange for specifying how facts are presented to the court when being sentenced.
3. Charge bargaining; prosecutor accepts guilty plea for a less serious crime in return for their serious charges being dropped.
Lösung ausblenden
TESTE DEIN WISSEN
What is a coerced-compliant confession?
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TESTE DEIN WISSEN
1. Coerced into admitting guilt during interview. May want to go home, talk to someone etc.
2. Suspect knows they did not commit a crime; short term gains (sleep) outweigh long term benefits of maintaining their innocence.
3. Want to end interview; pressurised environment.
4. Will retract confession once stress is gone.
Lösung ausblenden
TESTE DEIN WISSEN
What factors affect interviews in the US?
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TESTE DEIN WISSEN
In the US; many police interviews don’t aim for the truth. Different preference for confessions. Leo 2008.
Lösung ausblenden
TESTE DEIN WISSEN
What are the external influences to interviews?
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TESTE DEIN WISSEN
1. Lack of sleep, alcohol/drugs.
2. Increased anxiety about after being in custody.
3. Length of interrogation; wears person down, less likely to make rational decisions.
4. Introduction of false evidence such as a failed polygraph, leads to cognitive and emotional acceptance; start to believe they have committed a crime.
5. Will start to accept; 3 times more likely to plead guilty; believe they have no chance of winning. NRE 2015.
Lösung ausblenden
TESTE DEIN WISSEN
What type of offences are false confessions likely to happen in?
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TESTE DEIN WISSEN
1. 81% murder 
2. 8% rape
3. 3% arson
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TESTE DEIN WISSEN
Who are the most likely confessors?
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TESTE DEIN WISSEN
< 25 years old; 63%
< 18 years old; 32%
Those with a learning disability; 22%
Lösung ausblenden
TESTE DEIN WISSEN
How are false confessions discovered?
Lösung anzeigen
TESTE DEIN WISSEN
1. 74% when real perpetrator was found.
2. 46% when new scientific evidence is discovered.
Lösung ausblenden
TESTE DEIN WISSEN
What are the psychological characteristics of those that make false confessions?
Lösung anzeigen
TESTE DEIN WISSEN
1. Compliant 
2. Eager to please
3. Need to protect self-esteem when with others; inconsistent self esteem.
4. Dislike confrontation and conflict; more pronounced around authority figures.
5. Very suggestible; poorer memory, high anxiety, low self esteem, lack assertiveness.
Lösung ausblenden
TESTE DEIN WISSEN
What is plea bargaining?
Lösung anzeigen
TESTE DEIN WISSEN
Bargaining done between prosecutor and defence.
Lösung ausblenden
TESTE DEIN WISSEN
Describe the Shadow of trial model (model of defendant choices).
Lösung anzeigen
TESTE DEIN WISSEN
1. Uncertain trials 
2. If offered less time; defendant tempted to accept guilty plea.
3. Dependent upon how risk averse defendant is; discounts are higher if evidence is weak. Bushway 2014. Doesn’t want to risk going to trial.
4. If defendant accepts a plea deal; waivers right to a trial by jury, to construct defence. This decision must be made knowingly, intelligently and voluntarily. Redlich 2017.
Lösung ausblenden
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Q:
What is a coerced-internalised confession?
A:
1. A gradual acceptance of version of events that suggests their guilt.
2. Distrust their own memories; authorities may be right, have more information.
3. Will retract after being convinced that they are actually innocent.
4. Some people continue to believe they are guilty. They trust authority figures more.
5. Also lack self-confidence and have high levels of suggestibility. Kassin 2005.
Q:
Describe the process of plea bargaining.
A:
1. If defendant agrees to sanction; will enter a guilty plea.
2. Sanction will mean less time than if defendant was convicted by a jury.
3. Plea-bargaining is seen as being overly lenient prosecution method offenders.
4. Others suggest that defendants are still being coerced. Abrams 2011.
5. Currently in UK,  no formal process, discounted years can be applied.
6. CPS decides the charges; these are informal conversations done in private and are not recorded.
7. Defendant allowed to ask about the Max sentence they could get. Judge can either accept or decline.
Q:
What are the 3 different forms of plea bargaining?
A:
1. Sentence bargaining; prosecutor recommends mitigated sentence to judge.
2. Fact bargaining; defendant agrees to guilty plea in exchange for specifying how facts are presented to the court when being sentenced.
3. Charge bargaining; prosecutor accepts guilty plea for a less serious crime in return for their serious charges being dropped.
Q:
What is a coerced-compliant confession?
A:
1. Coerced into admitting guilt during interview. May want to go home, talk to someone etc.
2. Suspect knows they did not commit a crime; short term gains (sleep) outweigh long term benefits of maintaining their innocence.
3. Want to end interview; pressurised environment.
4. Will retract confession once stress is gone.
Q:
What factors affect interviews in the US?
A:
In the US; many police interviews don’t aim for the truth. Different preference for confessions. Leo 2008.
Mehr Karteikarten anzeigen
Q:
What are the external influences to interviews?
A:
1. Lack of sleep, alcohol/drugs.
2. Increased anxiety about after being in custody.
3. Length of interrogation; wears person down, less likely to make rational decisions.
4. Introduction of false evidence such as a failed polygraph, leads to cognitive and emotional acceptance; start to believe they have committed a crime.
5. Will start to accept; 3 times more likely to plead guilty; believe they have no chance of winning. NRE 2015.
Q:
What type of offences are false confessions likely to happen in?
A:
1. 81% murder 
2. 8% rape
3. 3% arson
Q:
Who are the most likely confessors?
A:
< 25 years old; 63%
< 18 years old; 32%
Those with a learning disability; 22%
Q:
How are false confessions discovered?
A:
1. 74% when real perpetrator was found.
2. 46% when new scientific evidence is discovered.
Q:
What are the psychological characteristics of those that make false confessions?
A:
1. Compliant 
2. Eager to please
3. Need to protect self-esteem when with others; inconsistent self esteem.
4. Dislike confrontation and conflict; more pronounced around authority figures.
5. Very suggestible; poorer memory, high anxiety, low self esteem, lack assertiveness.
Q:
What is plea bargaining?
A:
Bargaining done between prosecutor and defence.
Q:
Describe the Shadow of trial model (model of defendant choices).
A:
1. Uncertain trials 
2. If offered less time; defendant tempted to accept guilty plea.
3. Dependent upon how risk averse defendant is; discounts are higher if evidence is weak. Bushway 2014. Doesn’t want to risk going to trial.
4. If defendant accepts a plea deal; waivers right to a trial by jury, to construct defence. This decision must be made knowingly, intelligently and voluntarily. Redlich 2017.
Responding to Criminal Accusations: Confessions, Bargains and Fitness to Plead - Forensic Psychology

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