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Statement of Retraction 撤回声明
4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2023-02-16 DOI: 10.1080/1068316x.2023.2176672
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引用次数: 0
The effect of victim intoxication and crime type on mock jury decision-making 被害人醉酒和犯罪类型对模拟陪审团决策的影响
4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2023-02-14 DOI: 10.1080/1068316x.2023.2176498
Erica Martin, Lauren A. Monds
Alcohol intoxication is a common feature in crime, yet jurors often possess little understanding of how alcohol affects eyewitness memory. Furthermore, jurors are often blind to biases about different crimes that affect their interpretation of eyewitness evidence. Accordingly, the current study investigated the impact of (1) a victim’s intoxication status during a crime and (2) the type of crime committed on mock jury decision-making. Undergraduate students (N = 228) read a trial transcript describing a rape or robbery committed against a woman who was either sober or intoxicated to a low, moderate, or severe degree when the crime occurred. They also completed questionnaires assessing trial-related judgements, sexist attitudes towards women, and alcohol beliefs, behaviours, and experiences. Mock jurors incorrectly perceived alcohol as detrimental to victim credibility at any dose. However, the victim’s intoxication status failed to influence verdict decisions, which were better accounted for by extra-legal factors. Variance in jury decision-making according to crime type was not observed. The current study asserts the need for jury education to correct misconceptions about the effects of alcohol on eyewitness memory, and continued exploration of the role of crime type and extra-legal factors in intoxication-related cases.
酒精中毒是犯罪中的一个常见特征,然而陪审员往往对酒精如何影响目击者的记忆知之甚少。此外,陪审员往往对不同罪行的偏见视而不见,这影响了他们对目击者证据的解释。因此,本研究调查了(1)受害者在犯罪过程中的醉酒状态和(2)犯罪类型对模拟陪审团决策的影响。本科生(N = 228)阅读了一份审判记录,该记录描述了一名女性在犯罪发生时处于清醒状态或轻度、中度或重度醉酒状态。他们还完成了调查问卷,评估与审判有关的判断、对女性的性别歧视态度以及酒精信仰、行为和经历。模拟陪审员错误地认为任何剂量的酒精都会损害受害者的信誉。然而,受害者的醉酒状态没有影响判决决定,这更好地由法外因素来解释。不同犯罪类型的陪审团决策没有差异。目前的研究主张需要对陪审团进行教育,以纠正关于酒精对目击者记忆影响的误解,并继续探索犯罪类型和法外因素在醉酒相关案件中的作用。
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引用次数: 0
Misidentifying an innocent suspect can alter witness recollections of the perpetrator’s face 错认无辜的嫌疑人可能会改变证人对罪犯面部的记忆
IF 1.4 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2022-04-01 DOI: 10.1080/1068316X.2022.2032055
M. Eisen, Jennifer M. Jones, Rebecca C. Ying, T’awna Q. Williams, Lauren J Ristrom
ABSTRACT Two experiments were conducted to examine whether misidentifying an innocent suspect with a unique feature (i.e. facial tattoo) would impact witnesses’ recollections of the culprit so that they would mistakenly describe the culprit as having that same feature, when in reality, he did not. In both experiments, participants viewed a video of a simulated carjacking in which the perpetrator’s face was visible from a close or far distance, and were then led to misidentify an innocent suspect from a suggestive culprit-absent photo-array. The innocent suspect either had a tattoo photoshopped onto his face, or, like the culprit, had no visible facial markings. After making the identification, half the participants received confirming post-identification feedback. Finally, participant-witnesses were asked to describe the culprit in their own words. In both experiments, over a third of the participant-witnesses in the tattoo condition mistakenly described the culprit as having had a tattoo on his face. In Experiment 2, remember/know judgements indicated that participant/witnesses in the tattoo condition were also more likely to report remembering that the culprit had a face tattoo, rather than simply knowing this to be true. Also, as predicted, in both experiments, confirming feedback significantly boosted erroneous reports of recalling the tattoo.
摘要:本文进行了两个实验,以检验是否错误地识别一个具有独特特征(即面部纹身)的无辜嫌疑人会影响证人对罪犯的记忆,从而使他们错误地描述罪犯具有相同的特征,而实际上,他并没有。在这两个实验中,参与者观看了一段模拟劫车的视频,在视频中,从近距离或远距离都可以看到罪犯的脸,然后引导他们从一个有暗示意义的罪犯(没有照片阵列)中辨认出无辜的嫌疑人。这名无辜的嫌疑人要么在脸上ps了一个纹身,要么像罪犯一样,没有明显的面部标记。在做出识别后,一半的参与者得到了确认后的反馈。最后,参与者和目击者被要求用自己的话描述罪犯。在这两个实验中,超过三分之一的纹身实验参与者错误地将罪犯描述为脸上有纹身。在实验2中,记住/知道判断表明,纹身条件下的参与者/证人也更有可能记住罪犯脸上有纹身,而不是简单地知道这是真的。而且,正如预测的那样,在两个实验中,确认反馈显著增加了回忆纹身的错误报告。
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引用次数: 0
The State of Florida v. Kelvin Lee Coleman Jr.: the implications of neuroscience in the courtroom through a case study 佛罗里达州诉小凯文·李·科尔曼:神经科学在法庭上的应用
IF 1.4 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2022-03-17 DOI: 10.1080/1068316X.2021.2018443
Panagiota Loizidou, Rory E. Wieczorek-Fynn, Joseph C. Wu
ABSTRACT Neuroscience can provide evidence in some cases of legal matters, despite its tenuous nature. Among others, arguing for diminished capacity, insanity, or pleading for mitigation is the most frequent use of neurological evidence in the courtroom. While there is a plethora of studies discussing the moral and legal matters of the practice, there is a lack of studies examining specific cases and the subsequent applications of brain knowledge. This study details the capital punishment trial of Kelvin Lee Coleman Jr., charged in 2013 with double murder in Tampa, Florida, to illustrate the extent that expert opinions – based on neuroimaging, neurological, and neuropsychiatric examinations – had an impact on the court’s decisions. The defendant was sentenced to life imprisonment without the possibility of parole. According to the comments of the trial’s jury, the most influential reason for not sentencing the defendant to death is the fact that during the incident was that he was under extreme mental and emotional disturbance. Other reasons were evidence of brain abnormalities resulting from neurological insult, fetal alcohol syndrome, and orbitofrontal syndrome contributing to severely abnormal behavior and lack of impulse control.
神经科学可以在某些法律案件中提供证据,尽管其脆弱的性质。其中,在法庭上最常使用神经学证据的是辩称行为能力下降、精神错乱或请求减刑。虽然有大量的研究讨论了这种做法的道德和法律问题,但缺乏对具体案例和大脑知识随后应用的研究。本研究详细描述了2013年在佛罗里达州坦帕市被控双重谋杀的Kelvin Lee Coleman Jr.的死刑审判,以说明专家意见——基于神经成像、神经学和神经精神检查——对法院判决的影响程度。被告被判处无期徒刑,不得假释。根据审判陪审团的评论,没有判处被告死刑的最重要的原因是,在事件发生期间,他处于极端的精神和情绪紊乱状态。其他原因包括神经损伤、胎儿酒精综合征和眼窝额叶综合征导致的大脑异常,导致严重的异常行为和缺乏冲动控制。
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引用次数: 0
Technology on trial: facilitative and prejudicial effects of computer-generated animations on jurors’ legal judgments 审判技术:计算机动画对陪审员法律判决的促进和偏见作用
IF 1.4 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2022-03-03 DOI: 10.1080/1068316X.2022.2041014
Emma Rempel, Tara M. Burke
ABSTRACT The current study explored how a computer-generated animation (CGA) illustrating a defendant’s version of events affected jurors’ judgments in a mock second-degree murder trial. We hypothesized that mock jurors who viewed a CGA illustrating the defendant’s testimony would be more likely to acquit compared to those who viewed static visual images or did not view a visual aid, and that this effect would occur regardless of whether the narrative depicted in the CGA was corroborated by pertinent testimonial evidence. In this 2 (testimony congruence: incongruent vs. congruent) x 3 (testimony modality: no-aid vs. static visual aid vs. computer-generated animation) between-subjects design, undergraduate students (N = 238) read a transcript from a fictitious trial and heard the defendant’s testimony in one of three modalities. Across congruence conditions, participants were significantly more likely to acquit the defendant when his testimony was accompanied by a CGA (OR = 5.08), compared to a static visual aid or with no-aid. Our results suggest that CGAs may have a disproportionate impact on jurors’ judgments compared to traditional forms of demonstrative evidence. Whether this impact is facilitative or prejudicial, however, depends on whether the content of the animation is congruent or incongruent with other case evidence.
当前的研究探讨了在模拟二级谋杀审判中,计算机生成的动画(CGA)如何说明被告的事件版本影响陪审员的判断。我们假设,与那些观看静态视觉图像或没有观看视觉辅助的模拟陪审员相比,观看了说明被告证词的CGA的模拟陪审员更有可能无罪释放,并且无论CGA中描述的叙述是否得到相关证词证据的证实,这种效果都会发生。在这个2(证词一致性:不一致性vs.一致性)x 3(证词形式:无辅助、静态视觉辅助、计算机生成动画)的被试间设计中,本科生(N = 238)阅读了一份虚构审判的文字记录,并以三种方式之一听取了被告的证词。在一致性条件下,当被告的证词伴随着CGA (OR = 5.08)时,与静态视觉辅助或无辅助相比,参与者更有可能无罪释放被告。我们的研究结果表明,与传统形式的证明证据相比,CGAs可能对陪审员的判断产生不成比例的影响。然而,这种影响是促进还是偏见,取决于动画的内容是否与其他案例证据一致。
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引用次数: 0
Witness/victim interviewing: a survey of real-world investigators’ training and practices 证人/受害者访谈:对现实世界调查人员的培训和实践的调查
IF 1.4 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2022-03-03 DOI: 10.1080/1068316X.2022.2043312
Amy Hyman Gregory, Andrea C. F. Wolfs, Nadja Schreiber Compo
ABSTRACT The U.S. National Institute of Justice’s Eyewitness Evidence: A Guide for Law Enforcement makes recommendations regarding best practice witness interviewing techniques. However, relatively little is known about police training in collecting and documenting evidence from witness interviews. One hundred seventy-seven police officers from three U.S. states (CT, FL, and MA) were surveyed about witness interview training and practices, perceptions of question type, and recording/documentation of interviews. Results indicate awareness of the importance of asking open-ended questions, but training is lacking, particularly regarding question types. Many officers reported using techniques consistent with the Cognitive Interview such as rapport-building, avoiding leading questions, and taking additional steps to assist recall. Seventy-four percent reported recording interviews via notes or electronic recording devices, while 16% indicated only doing so for certain cases/situations. Fourteen percent also acknowledged not documenting their questions in notes or reports, focusing solely on witness responses. In terms of post-interview documentation, 78% acknowledged writing reports using information elicited during witness interviews. In terms of testimony, 82% reported frequently testifying about witness interview content at criminal trials. Findings suggest that although U.S. police interviewers have implemented some best practice techniques, there are still some considerable training needs as evidenced by self-reported practices.
摘要:美国国家司法研究所的《目击证人证据:执法指南》就证人面谈技术的最佳实践提出了建议。然而,人们对警察在收集和记录证人采访证据方面的培训知之甚少。来自美国三个州(CT、FL和MA)的177名警察接受了关于证人面谈培训和实践、对问题类型的看法以及面谈记录/文件的调查。结果表明,人们意识到提出开放式问题的重要性,但缺乏培训,特别是关于问题类型的培训。许多警官报告说,他们使用了与认知访谈相一致的技巧,如建立融洽关系、避免引导性问题、采取额外措施协助回忆。74%的受访者表示通过笔记或电子录音设备记录采访,而16%的受访者表示只在某些情况下这样做。14%的人承认没有在笔记或报告中记录他们的问题,只关注证人的回答。在采访后的文件方面,78%的人承认使用在证人采访中获得的信息撰写报告。在证词方面,82%的人表示经常在刑事审判中就证人采访内容作证。调查结果表明,尽管美国警察采访者已经实施了一些最佳实践技术,但自我报告的实践证明,仍有一些相当大的培训需求。
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引用次数: 0
Vulnerability to radicalisation in a general population: a psychometric network approach 一般人群的激进化脆弱性:心理测量网络方法
IF 1.4 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2022-02-27 DOI: 10.1080/1068316X.2022.2027944
C. Clemmow, N. Bouhana, Zoe Marchment, P. Gill
ABSTRACT A public health approach to countering the threat from extremism aims to manage vulnerability before behaviour escalates to require involvement from the criminal justice system. Fundamental to applying a public health approach is understanding how risk (and protective) factors can be modified, in other words, the functional roles of these factors. To unpack the functional roles of risk factors, a more dynamic approach to modelling the complex relationships between factors is needed. In the present study we surveyed a representative sample of the UK general population (n = 1500) where participants self-reported risk factors and indicators for vulnerability to radicalisation. Operationalising analytical guidance from a Risk Analysis Framework (RAF), we applied psychometric network modelling to visualise the relationships among risk factors relating to individual-level propensities, situational influences, and exposure to extremism-enabling environments. We present our results as a series of network graphs and discuss (a) how risk factors ‘cluster’ or ‘co-occur’, (b) the most influential risk factors which may be important for intervention and prevention, and (c) ‘risk pathways’ which suggest potential putative risk and/or protective factors. We present our findings as evidence for a public health approach to countering the threat from extremism.
应对极端主义威胁的公共卫生方法旨在在行为升级到需要刑事司法系统介入之前管理脆弱性。应用公共卫生方法的基础是了解如何改变风险(和保护)因素,换句话说,就是了解这些因素的功能作用。为了解开风险因素的功能角色,需要一种更动态的方法来模拟因素之间的复杂关系。在本研究中,我们调查了英国普通人群的代表性样本(n = 1500),参与者自我报告了易受激进化影响的风险因素和指标。通过风险分析框架(RAF)的操作分析指导,我们应用心理测量网络建模来可视化与个人倾向、情境影响和暴露于极端主义环境相关的风险因素之间的关系。我们将我们的结果以一系列网络图的形式呈现,并讨论(a)风险因素如何“聚集”或“共同发生”,(b)可能对干预和预防很重要的最具影响力的风险因素,以及(c)“风险路径”,这表明潜在的假定风险和/或保护因素。我们提出我们的研究结果,作为公共卫生方法对抗极端主义威胁的证据。
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引用次数: 2
An analysis of child sexual grooming legislation in the United States 美国儿童性引诱立法分析
IF 1.4 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2022-02-22 DOI: 10.1080/1068316X.2022.2043313
L. Kaylor, Georgia M. Winters, E. Jeglic, Jennifer Cilli
ABSTRACT Both in-person and online sexual grooming of children is a common process used by those who sexually abuse children. Sexual grooming refers to the method by which an adult manipulates a potential minor victim into situations where sexual abuse can more readily take place while at the same time preventing the minor from disclosing the abuse or others recognizing the inappropriate behaviors. Child sexual grooming is considered a precursor to the criminal act of child sexual abuse; however, in some jurisdictions child sexual grooming in and of itself is considered a standalone criminal offense. Both federal and state governments in the United States have created anti-grooming laws to criminalize these preparatory acts to protect children before the sexual abuse can occur. This paper will explore the current research on sexual grooming to provide a framework for understanding sexual grooming behaviors, critically examine federal and state sexual grooming legislation, and provide recommendations on how to evaluate and integrate sexual grooming research into criminal prosecution and policy.
对儿童进行当面和网上的性诱骗是性虐待儿童者常用的一种手段。性引诱指的是成年人操纵潜在的未成年受害者,使其处于更容易发生性虐待的情况,同时防止未成年人透露虐待行为或防止他人发现不当行为的方法。儿童性引诱被认为是儿童性虐待犯罪行为的前兆;然而,在一些司法管辖区,儿童性引诱本身被视为一种独立的刑事犯罪。美国联邦政府和州政府都制定了反诱奸法,将这些预备行为定为犯罪,以便在性虐待发生之前保护儿童。本文将探讨目前关于性诱诱的研究,为理解性诱诱行为提供一个框架,批判性地审视联邦和州的性诱诱立法,并就如何评估和将性诱诱研究纳入刑事起诉和政策提供建议。
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引用次数: 3
Consumers’ response to mass market scam solicitations: profiling scams and responses 消费者对大众市场诈骗请求的反应:分析诈骗和回应
IF 1.4 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2022-02-17 DOI: 10.1080/1068316X.2022.2038599
L. Klapatch, Y. Hanoch, S. Wood, David Hengerer
ABSTRACT Mass marketing scams (MMSs) impact millions of people with financial losses in the billions. Understanding what types of MMSs work is key to reducing the compliance rate. Inspired by Simon’s work, we designed an experiment to examine how four different types of MMSs impact interest in and intention to respond to solicitations. We first conducted a cluster analysis on 215 actual MMS solicitations. The analysis revealed four distinct types of solicitations: negative-cold, one-reward letters, high emotionality, high scarcity letters where the prize is mentioned often, very colorful multi-prize letters, and low emotionality, low scarcity cold letters. In a second experiment, 281 participants (recruited on MTurk) were randomly assigned to read one of the four types of solicitations. Our data revealed differences in intention to respond by sending money. Furthermore, younger (vs. older) individuals indicated a higher interest in the solicitation and higher intention to send in money and rated the solicitations as significantly more beneficial and less risky. Finally, perceptions of risks and benefits were the main driving force behind compliance beyond interest and intention to comply. In line with Simon’s ideas, our study highlights the need to examine both the environment (the types of solicitations) and the decision-maker.
大众营销诈骗(mms)影响数百万人,造成数十亿美元的经济损失。了解mms的工作类型是降低遵从率的关键。受Simon工作的启发,我们设计了一个实验来检验四种不同类型的mms是如何影响人们对请求的兴趣和回应意愿的。我们首先对215个实际的MMS请求进行了聚类分析。分析揭示了四种不同类型的恳求:消极冷淡,单奖励的信,高情感,高稀缺的信,经常提到奖品,非常丰富多彩的多奖信,低情感,低稀缺的冷信。在第二个实验中,281名参与者(在MTurk上招募)被随机分配阅读四种类型的请求中的一种。我们的数据揭示了通过寄钱来回应的意愿的差异。此外,年轻人(与老年人相比)对募捐更感兴趣,更愿意捐款,并认为募捐更有益,风险更低。最后,对风险和利益的认识是超越利益和遵守意愿的主要驱动力。与西蒙的观点一致,我们的研究强调需要同时检查环境(请求的类型)和决策者。
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引用次数: 2
The working alliance and readiness to change in clients who have criminally offended 有犯罪前科的客户的工作联盟和改变的意愿
IF 1.4 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY Pub Date : 2022-02-17 DOI: 10.1080/1068316X.2022.2037592
V. S. Pasyk, A. Green, S. Cairns
ABSTRACT The purpose of this article is to highlight the importance of readiness to change as an influential factor in the working alliance with clients who have offended. This article provides a review of the literature on frameworks for offender rehabilitation and a working alliance model for forensic populations. Recidivism and stages of change, as evidence for the serious consideration of readiness as part of the working alliance, are discussed. A review of the literature on readiness to change in clients who have offended, as well as a visual representation of our model, are provided. Implications for research, theory, and practice are also considered.
本文的目的是强调准备改变的重要性,作为一个有影响力的因素,在与冒犯的客户的工作联盟中。本文综述了罪犯康复框架和法医群体工作联盟模型的相关文献。再犯和改变的阶段,作为证据认真考虑准备作为工作联盟的一部分,讨论。我们提供了一份关于被冒犯的客户愿意改变的文献综述,以及我们模型的视觉表现。还考虑了对研究、理论和实践的影响。
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引用次数: 0
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Psychology Crime & Law
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