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McMartin Preschool Case
Landmark case with Raymond Buckey being accused of sexual abuse (1990, CA).
A recognized mental disorder that involves sexual deviancy.
anatomical detailed dolls
Dolls used by psychologists and social workers to assess the presence of abuse.
repressed memories or recovered memories
Type ofmemories of having been abused as a child but that cannot be recalled accurately.
4 Roles of Psychologists in Child Sexual Abuse Cases
- 1) Evaluating child.
- 2) Assessing competency of child to testify.
- 3) Preparing the child to testify.
- 4) Testifying as an Expert Witness.
When a child is lead to a particular memory or truth that was not there before. Similar to hypnotism.
A type of interviewing techniques that uses questions that already assume a particular answer resulting in inaacurate answers.
Types of interviewing techniques and poor questioning that consists of introducing new information into an interview whenthe child has not already provided that information in the same interview.
5 Things to avoid in Interviewing a Child
- 1) Avoid the use of suggestive questions.
- 2) Avoid the implication of confirmation by other people.
- 3) Avoid the use of positive and negative consequences.
- 4) Avoid repetitious questioning.
- 5) Avoid inviting speculation.
criterion-based content analysis technique (CBCA)
A type of clinical procedure developed in Germany to distinguish between children's truthful and fabricated allegations.
Statemention Validty Assessment (SVA)
- A comprehensive procedure that determines the truthful and fabricated alelgations of childrent. The SVA consists of three parts:
- 1) a structured interview with the child withness.
- 2) CBCA
- 3) The application of the Statement Validity Checklist that assesses other characteristics of the interview process, the witness, and the investigation.
4 Categories of Abuse
- 1) Physical abuse
- 2) Physical neglect (most common)
- 3) Sexual abuse & exploitation
- 4) Emotional abuse
When individuals under the age of 18 experiences any act of omission or comission that endagers their physical or emotional health or development.
Mandatory Reporting Laws
A law that requires teachers, teacher aides, school nurses, or anyone working with childrent to report any suspciion of abuse.
Criteria to Determine Child Competency
- 1) Does the child know the difference between truth and falsehood?
- 2) Can they describe the event?
- 3) Does the child have sufficientmemory of the event?
- 4) Can the child testify in court?
Testimony obtained outside of court. When children testify there is an exception to the heresay rule and it allows parents to testify for their children.
Effective Interviewing of Children
- 1) Interviewers must talk to children in language they understand.
- 2) Interview must be documented or recorded.
- 3) Questions shoudl begin with general, open edend questions.
National Institute of Child Healdh and Development (NICHD) Investigative interview protocol
- 1) Use open ended questions. Avoid close-ended questions.
- 2) Avoid suggestive questions that the child did not volunteer.
- 3) Avoid questions where you are expecting a certain kind of response or implying a child desired answer.
- 4) Interview begings with emphasis that child needs to tell the truth.
child sexual abuse accomodation syndrome
A child abuse syndrom that includes 5 phases and have common characteristics of abuse such as engagement, sexual interaction, secrecy, disclosure, and suppression.
social framework testimony
The use of general conclusions from social science research in determining factual issues in a specific case.
ultimate opinion testimony
A type of testimony that is about the credibility of a particular withness.
3 Components of Memory
- 1) Encoding: gathering info and formating so it can be held in memory.
- 2) Storage: holding encoded information in brain over time.
- 3) Retrieval: accessing and pulling out stored info at a later time.
Researcher on eye withness identification and its falasies. Breaks it down it to system variables and estimator variables.
The witness's statement of what he or she recalls of a prior event.
Procedures used by the police and members of the criminal justice system, e.g. lineups, questiongs that affect reliability of eyewitness.
Determinants of eyewitness's accuracy that are not controllable by the criminal justice system.
Type of estimator variable when people are less accurate in identifying others compared to within one's race.
stress and weapon focus
Type of estimator variable that occurs when the memory formed under stress is more susceptible to error. Whent he witness is too stressed and focus on the weapon.
Type of estimator variable that occurs when a witness faces a familiar context and transfers the scene of a crime in a different context. This happens unconsciously.
Line-up (systems variable)
Part of systems variable in which a group of possible suspects including "folks" who share semilar resemblance to suspect is lined up for identification. Attorney can be present.
photo array (system variables)
Part of systems variables in which witness views photos of possible suspects. No attorneys present.
show up (system variables)
Part of system variables in which one person shows up when victim is dying on the presumption that if you're dying you'll tell the truth. Only allowed in limited circumstances.
Blind-line up administrator (how to improve eyewitness accuracy)
Someone who conducts lineup should be unaware of the suspect to avoid influencing an eyewithness.
Give bias reducing insructions (improving eyewitness testimony)
Provide unbiased instruction to the eyewitness and explain to them that it is possible the suspect is not present in the line up or photo array.
unbiased lineup (improve ET)
The suspect does not stand out from the foils. The procedure doesn't draw attention to the suspect by having wear different clothing.
confidence ratings (how to improve ET)
There should be a recording of the eyewithness confidence level, immediately following the identification.
Video recordings (how to improve ET)
Whenever possible, lineups should be videotaped.
Best Interest of the Child Standard (BICS
Current law requires custody must serve BIC, which presumes that father and mother is not entitled to custody. Parents need are secondary to best interest of child.
Tender Years Doctrine (1800s)
Doctrine in the 1800s in response to childrent being property of father. Replacyed by a doctorine in which nny child under the age of 7 were placed under the custody of mothers.
Primary caretaker rule
Rule that states that custody of child should be granted to parent who is primairly raising the child prior to divorce based on continuity of care, warm, and consistency in primariy relationship. (80% end up with mothers)
The Uniform Marriage & Divorce Act (1976 passed by Congress): 5 Criteria
- 1) Considers wishes of the child's parents.
- 2) Considers the wishes of the child.
- 3) Considers the relationship between child, parents, siblings, and others who play a significant role is best interest of the child.
- 4) Considers child adjustment at school, home, and community.
- 5) Considers physical and mental health of everyone involve with the child.
Physical custody (type of custody)
Type of custody in which a child physically spends time with each parent.
Type of custody in whicht he rights and responsibilities of parents to make decisions regarding a child's welfare including educatinal decisions, choice of religion, medical training, and how a child spends summer.
Type of custody in which parents share physical and legal custody.
Type of custody in which ONE parent has both legal and physical custody while the second parten can have visitation. (75% of mothers get sole custody, 10% of fathers get sole custody).
Mandatory Mediation (for custody conflicts)
When there is a dispute between parents, a third party is brought in order to bring parents togeter in a non-adversarial setting to work out custody. Mediation saves time and money.
Paul Ingram Case
Landmark case in which a 22 year old accused father of sexually abusing her. Father denies any recollection, but ended up confessing.
Admission of guilt. (39-48% of suspects make full confessions during police interviews) (13-16% make dammaging or incriminating statements of confessions which is the most damaging evidence admitted in trial).
A type of confession in which it is not true (dumb definition).
Voluntary false confession
Type of false confession that are offerered willingly without elicitation.
Type of false confession in which suspect confesses while that he or she is innocient in order to escape further interrogation or to avoid a threatened punishment.
"Third-degree" tactics (when interrogating)
Type of interrogation tactis that was common all over the world 100 years ago such as extreme deprivation, brutatlity, and torture. This led to many coerced-compliant confessions.
Type of false confession in which the innocent suspect confesses and comes to believe that he or she is guilty.
suggestibility (in interrogations and confessions)
A state in which a person easily believes other people's suggestions.
Goals of interrogation
- 1) Get more information about the case. Locate more evidence, identify accomplices, and further investigation.
- 2) Induce a confession. Present a hopeless situation to suspects and if they confess, it may actually help or worsen suspects situation.
Tactics police can do during interrogation
- 1) Minimization: use sympathy to make charge less serious.
- 2) Maximization (scare tactics): exaggerate the seriousness of crime to frighten them.
- 3) Rapport building: flatter suspect and sympatheize.
- 4) Misrepresents facts: they can lie.
- 5) use tecniques that can take advantage of beliefs and emotions of suspect.
Manson vs Braithwaith (1977), Manson Criteria (Improving ET)
- Criteria used to determine whether identification is accurate:
- 1) Length of exposure to criminal.
- 2) Length of time b/w crime and actual identification.
- 3) Level of confidence by witness.
- 4) Accuracy of the prior description.
- 5) The degree of attention at the time of the crime.
- Validity of ID is based on the totaltiy of circumstances.
List of things police can't do during interrogations
- 1) Physical force, abuse, torture.
- 2) Threat of physical harm or punishment.
- 3) Prolonged isolation.
- 4) Deprivation of food or sleep.
- 5) Cant promise leniency.
- 6) Can't fail to notifiy suspect of Miranda rights.
Fundamental attribution error
Tendency to attribute events to individuals rather than the situation. Very true if person is very different from ourselves.
Gideon vs Wainwright (1963)
Landmark case in which suspect did not have legal representation. Wrote Pauper's Petition to Supereme court that he was denied due process because he did not get legal representation. Supreme Court agrees and now every defendant has the right to legal representation.
Miranda v. Arizona (1966)
Landmark case in which a man confesses to rape and kidnapping since police believes he matches description of suspect. It was a coerced confession and he was found guilty. Appeals to Suprepre court on grounds that he should have had legal representation during interrogation. Now we have Miranda Rights. Right to Remain Silent. Right to be advised by legal representation. Right to wave right.
Arizona vs Fulmante (1991)
Landmark case in which a person was incarcerated by a confederate promising protection in prison in exchange for a full confession. Claims coercion and Arizona Supereme court agrees it was coerced.
Harmess Error Analysis (Fulmante case)
Type of analysis in which US Supreme Court determines that Fulmante should get a new trial because he was coerced in a confession. It is the losing parties burden that they would have gotten a different verdict without the confession.
an unjustified negative evaluation because of a person's group membership.
Components of Prejudice
- 1) Cognitive: attributes, beliefs, sterotypes, generalization which doesn't change in the face of new information.
- 2) Emotional: negative feelings towards a group. Hate.
- 3) Behavioral: acting on thoughts and feelings. Treat group differently because of group membership.
Civil rights Act Passes (1965)
Act passed in 1965 that made it illegal to discriminate by race and natural origin.
Affirmitive Action (used by Kennedy, and acted bo Johnson)
Any procedure that permits consideration of race, gender, disability or national origin, in order to provide equal oppurtunity to qualified individuals who have been denied those oppurtunies because of past discriminations.
Bakke Case vs US Regents of California (1978)
Landmark case in which a student is turned down both times to UC Davis med school in which 16 slots were reserved for African American/Hispanics.
Steven's Opinion for Bakke Case
Rule in favor of Bakke. Beleives Civil rights was violated.
Brannan's Opinion for Bakke Case
Believed no violation of equal protection. It is permissable to use race as it serves a compelling case interest. MOtivation is to achieve social good and not to stigmatize group. It is necessary to correct past discrimination to achieve social good. Used to achieve diversity.
Powell's Opinion on Bakke Case
- Doesn't agree with Brannan or Stevens.
- 1) Disagrees with purpose for AA is to reduce historical deficit of miniorities in medical profession. Believes preferring other group based on race is discriminatory and not permissible.
- 2) Disagrres with AA used to counter the effects of social discrimination. Educational institution cannot legislate.
- 3) Disagrres that more black physicians will mean more will serve the black community. Davis does not offer evidence for that claim.
- 4) Agrees with increase diversity which is a benefit to the student body and serves a compelling state interest.
Hopwood v State of Texas (1996)
Landmark case that made Powell's decision law of the land by using Affirmative Action in combination with other factors.
Grutter v. Bollinger (2003)
Another landmark case in Michigan that makes Powell's decision law of the land in using Affirmitive action in combination with other factors.
Grantz v Bollinger (2003)
Another land mark case in Michigan in which Powell's decision concerning Affirmitive action is made into law, by striking down University of Michigan's undergraduate admissions policty that assigned 20 points to minorty applicants.
Any unwelcome, sex-based interaction, including verbal interaction, at work or at school, that renders harm to the recipient.
Quid pro quo (type of sexual harrasment)
Type of sexual harrasment in which sexual demands are made in exchange for employment benefits. A bargain wherein the harasser promises a reward or threatens punishment, depending on the victim's response.
Hostile workplace environment (sexual harrasment)
A type of sexual harrasment in which ridicule, insults, or intimidation are severe or pervasive enough to create an abusive atmosphere to alter the working conditions of the employee.
Meritor Savings bank v. Vinson (1986)
Sexual Harrasment case in which Supreme court recognizes the hostile workplace environment violates Title VII of the 1964 Civil Rights Act.
Harris v. Forklift System (1993)
Sexual harrasment case in which Supreme court decides that the courts did not require a demonstration of psychological injury as long as the behavior was physically threatening or huiliating or if it unreasonably interferes with an employee's work performance.
Oncale vs. Sundowner Offshore Services (1998)
Landmark case that dealt with a male harrasment victirm. 40-50% of harrasment by males report that harrasement is by another male. Men and women experience different types of harrasment. Men more likely to report hostile work environment and women more likely to report quid pro quo.