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Unformatted text preview: Chapter 12 Law 421-426 Process of a crime:- Crime is detected and reported- Investigation may lead to a suspect, suspect is arrested- Suspect is jailed or bail is set, courts decide if there is sufficient evidence for formal accusation- Crown counsel and defense lawyers gather evidence in process called discovery- If a deal is not negotiated, case goes to trial o Trials are infrequent o Threat of trial motivates parties to gather evidence and negotiate deal - Conviction, then sentencing, and then possibility of appeal Jury Selection- Canadian Charter of Rights and Freedoms o Innocent until proven guilty, right to trial within reasonable time, right to a jury trial Voir Dire- Jury selection 3 stage process: o 1) Sheriffs office contacts eligible jurors (voter registration lists) o 2) people randomly drawn from list to give a random sample from community Screening process officially known as voir dire Lawyers accept juror, or can challenge (reject) them Each side has a limited number of peremptory challenges they dont need a reason to reject a juror Unlimited challenges for cause juror thought to be biased and subsequently tested and may be excused Trial Lawyers as Intuitive Psychologists - Lawyers may rely on implicit personality theories and stereotypes o Implicit personality theory: set of assumptions about how certain attributes are related to each other and to behavior o Stereotype when people think all members of a group share same attributes- Some lawyers claim that they can predict a jurors verdict based on demographics o Research shows demographics do not consistently predict verdicts o Research shows jurors with authoritarian personality identify with figures of authority, punitive and intolerant of nonconventional others are prone to convict o Lawyers cannot effectively predict how jurors will vote- Study : Norbert Kerr tested whether jurors favor defendants who are similar to themselves o Mixed-race groups with a strong or weak case and black or white defendant o When evidence is weak, more lenient in verdicts towards defendant of same race o When evidence is strong, harsher against similar defendant Distancing themselves from his wrongdoing- Study : Sommers and Ellsworth tested if race would matter for crimes that involved race and racism o When race was a prominent issue at trial, white jurors did not want to appear racist and did not discriminate o When race was not an overt issue, whites did not care about appearing racist, and treated white defendant more favorably than black defendant- Study : Mitchell, Haw, Pfeifer, Meissner defined racial bias as negative treatment of a member of an outgroup...
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- Spring '08
- Social Psychology