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Organizing a case-opening statement-“stealing thunder” pg.286-288
The purpose of the opening statement is to give an overview of the case, should be long enough to give an orientation of the case. Revealing negative information about ones client before it’s revealed by the opposing side.
Jury selection-effectiveness pg.299
The results found that scientific jury selection was sometimes more effective, but not in all trials. In fact, its effectiveness seemed to be limited to those trials in which clear-cut relationships existed between jurors’ personality or demographic variables and their votes.
Prejudice vs. discrimination/modern racism pg.308-311
Prejudice- something internal and is defined as an unjustified evaluation reaction to a member of a group because of the recipient’s membership in that group. The definition implies that the prejudiced person holds the same evaluation attitude toward the group as a whole.
Discrimination/modern racism- defined as a behavior—an overt, observable action—that accepts one person or rejects another based on his or her membership in a particular group.”
Affirmative action-intention/problems pg.319-323
Affirmative action- any procedure that permits consideration of race, gender, disability, or national origin, along with other variables, in order to provide equal opportunity to qualified individuals who have been denied those opportunities because of post discrimination.
Affirmative action programs violate a “sense of fairness” and thus run counter to Americans’ endorsement of the value of equality.
It provides an “unfair advantage” to members of targeted groups, and the eventual result will be a form of reverse discrimination.
The perceived fairness of a procedure has an impact on the evaluation of a person associated with the procedure.
When an affirmative action procedure is implemented, employees are identified on the basis of their race, and sex, and any perceived group differences become more salient.
Sexual harassment-two types pg.334-335
Quid Pro Quo- behavior involves express or implied demands for sexual favors in exchange for some benefit or to avoid some detriment.
Hostile Work Environment- sexual behavior arising from unwanted conduct which is so severe or persistent that it creates an intimidating, hostile , or offensive educational or working environment.
Harris vs. Forklift-legal issues pg.335-338
Ms. Harris was still able to work effectively and presented no “serious psychological injury”. She appealed to the Supreme Court. Essentially Harris was being punished for being a strong woman and continuing with her job.
The Supreme Courts’ decision was made very quickly. The decision favored Ms. Harris’s appeal. The Justice used the “reasonable person” standards, she ignored the “reasonable man” usage but was unwilling to adopt the “reasonable woman” standard.
It did not put to rest the issue of what constitutes sexual harassment. To assess the presence of a hostile work environment the court focused on the “totality of the circumstances”.
APA 2001 Resolution Issues against the death penalty pg.349-351
In passing the resolution, the APA cited the number of wrongly convicted inmates exonerated by DNA testing,
inconsistencies in prosecutors' decisions to seek the death penalty, and the role that race plays in death penalty cases.
The resolution also noted that two-thirds of all death penalty cases from 1973-1995 were reversed because of error.
The APA called upon each jurisdiction in the U.S. to halt executions "until the jurisdiction implements policies and procedures that can be shown . . . to ameliorate the deficiencies"
Mental retardation and the death penalty pg.369 Box 15.6
There has not yet been a case in which the Supreme Court has considered the question of whether or not, like for the mentally retarded or for juveniles, administering the death penalty to those who were mentally ill at the time of the offense, but whose mental illness did not constitute an insanity defense.
Use of Amicus Briefs to change outcomes pg.385-388
One use of amicus briefs is to inform the court, another is to persuade the justices to render a decision that favors one of the contesting parties. When the APA submits a brief, several outcomes may result:
The courts decision may be consistent with the APA recommendations, and the rationale of the court for its majority opinion may clearly reflect the APA’s perspective and influence.
The courts decision may be consistent with that preferred by the APA, but the written opinion may not reflect any detectable influence from the brief.
The court’s decision may be contrary to that recommended by the APA brief.
Maryland vs. Craig- the recognition by the court of the possible trauma of testifying was congruent with the APA's goal in its brief, and hence the decision reflected a success for efforts by the field of psychology to influence court outcomes.
Research/decisions-Adolescents seeking abortion pg.393 Box 16.4
The research showed that no difference was found between two groups of adults and children in the decisions they made or in the knowledge of pregnancy-related laws.
The study concluded that minors “differ very little” from adults in the frequency with which they mentioned various considerations and consequences when asked to describe factors that could affect their choice of abortion or motherhood.
Adolescence are to immature to make these adult decision. “Might be able to make adult decisions but legally the courts won’t allow them to make those decision.”
Adolescence have good reasons for not telling their parents about abortion.