Criminal Psychology

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Criminal Psychology

• Chapter 12
• Trial Consultation
• Talbot
• Kellogg Community College

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Trial Consultation

• Assists attorneys in preparing for the trial,
  evaluating the effectiveness of the presentation,
  and formulating procedures for the selection of
  the jury.
• Forensic Psychologists?
• American Society of Trial Consultants (ASTC)
• No certification or licensure requirement
• Backgrounds such as psychology, communications,
  sociology, and political science.
• Criminal v. Civil cases?
• Ethical Issues.

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Pretrial Activities

• Focus Groups Group studies of the general
  population or specific groups of interest in
  order to determine any beliefs, feelings or
  biases held by that group.
• Witness preparation.
• Testimony Inconsistencies
• Role Plays
• Powerless Speech
• Ethical issues?
• Jury Composition issues.
• Peremptory Challenges
• Pretrial Publicity issues
• Change of Venue i.e. Rodney King
• Sequestered Voir Dire

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Presenting the Case

• Developing the story of the case - narrative
• Narrative coherence Is it consistent? Does it
  have internal logic?
• Narrative fidelity the logic of good reasons.
  Are these facts or values?
• Timing of the Defense opening statement.
• 2 options now or later?
• Making concessions
• Sponsorship Theory Make them say it.
• Inoculation Theory Stealing Thunder

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Evidence Presentation

• Serial Position Effect
• Recency Effect
• Primacy Effect

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Closing Arguments

• First or Last?
• Expository Approach Why is our evidence better
  than your evidence?

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Jury Selection

• Systematic Jury Selection v. Seat of the pants.
• Kernel-of-truth hypothesis
• Two primary approaches.
• Broad Attitudes and Traits
• Juror biases
• Pro-plaintiff v. Pro-defendant (or at least
  anti-plaintiff)
• Litigation Explosion, Deep pockets syndrome
• Case-Specific Approaches
• O.J. Simpson Juror questionnaire. P.302

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Other Juror Biases

• The defendants characteristics
• Physical attractiveness beautiful people are
  given the benefit of the doubt.
• Similarity to the jurors people more similar to
  us are often given the benefit of the doubt.
• The judges instructions
• Disregard the last comment often results in
  people paying closer attention to it.
• Beyond reasonable doubt. Is often misunderstood
  as meaning beyond all doubt. It instead means
  beyond the doubt of a reasonable person.

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