Lecture 15 - 25.02.11

Lecture 15 - 25.02.11 - 25th February 2011 Psych 187B...

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25 th February 2011 Psych 187B – Lecture 15 We have the beyond a reasonable doubt standard because of certain cases like the Brad Page case where no one really knows if he did it or not. The defense rarely wins because we do not put people on trial unless we are pretty sure they did it. 1/3 of times the defense will win. Despite the fact that the confession may be coerced, unless it is given under the threat of physical force, the jury will not discount it. Chapter 13 – Sex Crimes Date rape: o According to the authors, the typical victim does not label this as rape even though it is legally defined as such. They claim that it is the hardest kind of rape for women to report. Contrary to a common myth, victims do resist and in terms of the frequencies, 22% of all college women report that they have either been the victim of date rape or the attempted victim. Compared to 18% of all women (of comparable to college age women). This may be because college women are more likely to report and recognize this. o Gene Cleary Act – requiring American colleges and universities to report these incidences of rape on their campuses. You should be able to ask the university through the dean of students for a tabulation of reported rapes on the campus over the last few years. Before this, no one wanted to tell people, which is weird because it seems you would want to keep people safe but before that, the greater concern was that people would not come to schools because of what was going on. But if everyone was doing it nationwide then it made it more okay. The Gene Cleary act mandates that universities keep records of all this o Rape : she says no and he forcibly acts as if she said yes anyway. Or if they were incapacitated and she cannot say no in some way and he goes ahead anyway. Rape shield laws: where the victim can take the stand to tell what happened (participate in a trial), without the defense trotting out all the sexual escapades she has been involved in. The defense cannot cross- examine her and try to smear the victim so much that the jury would not believe her allegations. Was enacted during the Women’s Rights Revolution. The exception to this is, if the cross examination material were to speak to the “truth of the matter.” E.g. if you have a woman who has accused many people of raping her in the past twenty years. Some of this can be brought out. Rarely happens to this extreme but there are milder versions of this. Battered Woman’s Syndrome: characterised by three things – feelings of learned helplessness & feeling
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Lecture 15 - 25.02.11 - 25th February 2011 Psych 187B...

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