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Virtually the same? A comparison between in-person and virtual mock jury deliberations. 几乎一样?面对面和虚拟模拟陪审团审议的比较。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-29 DOI: 10.1037/lhb0000643
Krystia Reed,Valerie P Hans,Vivian N Rotenstein,Peter McKendall,Addison Rodriguez,Rebecca K Helm,Valerie F Reyna
OBJECTIVECourts have dramatically increased their use of virtual jury trials, but empirical research has yet to examine differences between in-person and virtual jury deliberations.HYPOTHESESWe tested competing hypotheses that in-person juries would be better (or worse) than virtual juries in terms of attention and engagement, deliberation, and diversity.METHODCommunity members (N = 317; 61% women; 86.1% White; mean age = 48.68 years) watched a videotaped trial involving an automobile accident and then deliberated either in person or virtually in 54 mock juries (Nin person = 24; Nvirtual = 30).RESULTSIn-person and virtual juries did not differ significantly across most outcomes. However, regarding attention and engagement, virtual juries reported expending greater cognitive effort (d = 0.59) than in-person juries. Regarding deliberation, in-person juries interrupted each other significantly more often than virtual juries (d = 1.93), and they discussed more topics than virtual juries (d = 0.59-1.02). Regarding diversity, virtual jurors were younger (d = 0.55), wealthier (d = 0.66), and more educated (φ = .14) than in-person jurors, although both samples were recruited in the same manner.CONCLUSIONSDespite concerns that virtual formats substantially reduce jurors' attention/engagement and change the nature of their deliberations, virtual jurors thoroughly processed relevant evidence and reportedly expended more effort in doing so. Although virtual formats may require more technologically savvy jurors (expected to correlate with a juror's age, wealth, and education), this study provides little evidence that virtual jury participation fundamentally alters core aspects of jury deliberation. (PsycInfo Database Record (c) 2026 APA, all rights reserved).
目的法院已经大大增加了对虚拟陪审团审判的使用,但实证研究尚未检查面对面和虚拟陪审团审议之间的差异。假设我们测试了相互竞争的假设,即在注意力、参与度、审议和多样性方面,真人陪审团比虚拟陪审团更好(或更差)。方法社区成员(N = 317, 61%为女性,86.1%为白人,平均年龄48.68岁)观看了一场涉及车祸的录像审判,然后在54个模拟陪审团(Nin person = 24, Nvirtual = 30)中亲自或虚拟地进行审议。结果真人陪审团和虚拟陪审团在大多数结果上没有显著差异。然而,在注意力和参与度方面,虚拟陪审团比真人陪审团花费了更多的认知努力(d = 0.59)。在审议方面,真人陪审团比虚拟陪审团更频繁地打断对方(d = 1.93),他们讨论的话题也比虚拟陪审团多(d = 0.59-1.02)。就多样性而言,虚拟陪审员比真人陪审员更年轻(d = 0.55)、更富有(d = 0.66)、受教育程度更高(φ = 0.14),尽管这两个样本的招募方式相同。尽管人们担心虚拟格式会大大降低陪审员的注意力/参与度,并改变他们审议的性质,但虚拟陪审员彻底处理了相关证据,据报道,他们在这方面花费了更多的精力。虽然虚拟形式可能需要更精通技术的陪审员(期望与陪审员的年龄、财富和教育相关),但本研究几乎没有证据表明虚拟陪审团参与从根本上改变了陪审团审议的核心方面。(PsycInfo数据库记录(c) 2026 APA,版权所有)。
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引用次数: 0
Artificial Intelligence-based investigation of filler selection strategies. 基于人工智能的填料选择策略研究。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-22 DOI: 10.1037/lhb0000650
Dilhan Töredi,Steven D Penrod
OBJECTIVELineup construction relies on matching fillers to the suspect's appearance or to the eyewitness's description of the perpetrator (match to description, MTD). Recent work shows that low (vs. high)-similarity fillers beyond MTD improve discriminability. We tested lineups constructed with differing suspect-filler (SF) similarity levels beyond MTD (low, moderate, high) against MTD only, varying exposure duration, culprit race, and innocent suspect-culprit resemblance (guilty-innocent [GI] similarity).HYPOTHESESWe expected the highest discriminability for low-SF similarity lineups, moderate next, MTD-only lower, and high lowest-alongside higher discriminability for long (cf. short) exposures, same-race (cf. cross-race) culprits, and low GI similarity (cf. high). We expected high-SF similarity to better protect high GI similarity innocents and low F-similarity to aid culprit identifications regardless of GI similarity. We also anticipated stronger benefits of low-SF similarity lineups for cross-race culprits and shorter exposures.METHODAll lineups, except MTD only, were constructed using an artificial intelligence-driven, objective, and reproducible measure and varied by SF similarity. Participants (N = 2,644) recruited via Prolific watched four short or long videos (half with White, half with African American culprits), completed a distractor task, and made lineup identifications (culprit-present or culprit-absent) with confidence ratings.RESULTSBoth low- and high-SF similarity lineups produced higher discriminability than MTD-only lineups. While low-SF similarity lineups enhanced guilty suspect detection, high-SF similarity lineups better protected innocent suspects. Furthermore, low-SF similarity lineups yielded the best identification accuracy, and high-SF similarity lineups yielded the best diagnosticity ratio. No interactions emerged.CONCLUSIONSUsing match-to-suspect beyond MTD-especially at the highest or lowest SF similarity-improves lineup performance regardless of factors outside the justice system's control. (PsycInfo Database Record (c) 2026 APA, all rights reserved).
目的:阵容的构建依赖于匹配的填充物与嫌疑人的外表或目击者对犯罪者的描述(匹配描述,MTD)。最近的研究表明,在MTD之外的低相似性(相对于高相似性)填料提高了可判别性。我们测试了由不同的嫌疑人-填充物(SF)相似性水平(低、中、高)与MTD、不同的暴露时间、罪犯种族和无辜的嫌疑人-罪犯相似性(有罪-无辜[GI]相似性)组成的阵容。假设:我们预期低GI相似性组的可判别性最高,其次为中等,mtd仅较低,最低高,同时长(短)暴露、同种族(跨种族)罪魁分子和低GI相似性组的可判别性更高(高)。我们期望高sf相似度可以更好地保护高GI相似度的无辜者,而低f相似度可以帮助识别与GI相似度无关的罪魁祸首。我们还预计低sf相似性阵容对跨种族罪魁祸首和较短的暴露有更强的益处。方法除MTD外,所有队列均采用人工智能驱动的、客观的、可重复的测量方法构建,并根据SF相似性进行变化。参与者(N = 2644)通过多产的方式被招募,他们观看了四段短视频或长视频(一半是白人,一半是非裔美国人),完成了一项分散注意力的任务,并进行了阵容识别(罪犯在场或不在场),并进行了信心评级。结果低sf相似性和高sf相似性组合均比仅mtd相似性组合具有更高的辨别能力。虽然低sf相似度的排列增强了犯罪嫌疑人的检测,但高sf相似度的排列更好地保护了无辜的嫌疑人。此外,低sf相似度组合的鉴定准确率最高,高sf相似度组合的诊断准确率最高。没有出现任何互动。结论在mtd之外,特别是在SF相似性最高或最低的情况下,使用匹配-嫌疑人可以提高阵容的表现,而不受司法系统控制的因素的影响。(PsycInfo数据库记录(c) 2026 APA,版权所有)。
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引用次数: 0
Supplemental Material for Artificial Intelligence–Based Investigation of Filler Selection Strategies 基于人工智能的填料选择策略研究补充材料
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-20 DOI: 10.1037/lhb0000650.supp
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引用次数: 0
Using large language model-based artificial intelligence (AI) suspects to train strategic use of evidence: Preliminary evidence of transfer to mock suspect interviews. 使用基于大型语言模型的人工智能(AI)嫌疑人来训练策略性使用证据:将初步证据转移到模拟嫌疑人访谈中。
IF 3.2 2区 社会学 Q1 LAW Pub Date : 2026-01-19 DOI: 10.1037/lhb0000647
Siyu Li, Pär-Anders Granhag, Yunhan Shi, Yongjie Sun, Thomas J Nyman, Shumpei Haginoya, Pekka Santtila

Objective: The strategic use of evidence (SUE) is a technique that aims to improve the ability to differentiate between liars and truth-tellers. However, while theoretical training provides guidance on interview techniques, it lacks opportunities for practical application.

Hypotheses: We created two large language model driven artificial intelligence (AI) suspects with whom participants could simulate interviews and hypothesized that these simulations would enhance the transfer of training to later interactions with human mock suspects.

Method: The study included 156 Chinese laypersons (78 interviewers and 78 human mock suspects). The two AI suspects followed response rules representing simplified and prototypical examples of liars' and truth-tellers' behaviors under the SUE model. Interviewers were randomly allocated to one of three types of training: (a) instruction and AI exercise, (b) instruction, and (c) control. After the training, the participants interacted with either a lying or truthful human mock suspect.

Results: Receiving interventions made interviewers use evidence-framing matrix (an important tactic within the SUE framework) more frequently, thereby eliciting more inconsistencies between the lying human mock suspects' statements and the evidence (i.e., evidence-statement inconsistencies) as well as more inconsistencies within their own statements (i.e., within-statement inconsistencies). Both instruction and instruction and AI exercise groups used evidence-statement (in)consistencies more to make their judgments about whether human mock suspects were lying or truthful compared to those in the control group. In addition, the instruction and AI exercise group was better at accurately judging whether the human mock suspects were lying or truthful compared to the control group.

Conclusions: Overall, this study provided preliminary evidence that simulated SUE with AI suspects transferred to interactions with human mock suspects in a controllable experimental setting, but that the advantage over instruction-only was not particularly robust. (PsycInfo Database Record (c) 2026 APA, all rights reserved).

目的:策略性使用证据(SUE)是一种旨在提高区分说谎者和真话者能力的技术。然而,虽然理论培训对面试技巧提供了指导,但缺乏实际应用的机会。假设:我们创建了两个大型语言模型驱动的人工智能(AI)嫌疑人,参与者可以与他们模拟访谈,并假设这些模拟将增强训练转移到后来与人类模拟嫌疑人的互动。方法:研究对象为156名中国外行,其中访谈者78人,模拟嫌疑人78人。这两名人工智能嫌疑人遵循的反应规则代表了SUE模型下说谎者和说真话者行为的简化和原型例子。采访者被随机分配到三种类型的培训中的一种:(a)指导和人工智能练习,(b)指导,(c)控制。训练结束后,参与者与说谎或诚实的人类模拟嫌疑人进行互动。结果:接受干预使采访者更频繁地使用证据框架矩阵(SUE框架中的一种重要策略),从而导致撒谎的人类模拟嫌疑人的陈述与证据之间的更多不一致(即证据-陈述不一致)以及他们自己的陈述中的更多不一致(即陈述内不一致)。与对照组相比,指导组和指导组以及人工智能训练组都更多地使用证据-陈述一致性来判断人类模拟嫌疑人是撒谎还是诚实。此外,与对照组相比,指导组和人工智能训练组在准确判断人类模拟嫌疑人是撒谎还是诚实方面做得更好。结论:总体而言,本研究提供了初步证据,证明在可控的实验环境中,人工智能嫌疑人的模拟SUE可以转移到与人类模拟嫌疑人的互动中,但相对于仅指导的优势并不特别强大。(PsycInfo数据库记录(c) 2026 APA,版权所有)。
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引用次数: 0
Violence following a threat assessment: Do threat classification and school safety measures matter? 威胁评估后的暴力:威胁分类和学校安全措施重要吗?
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-19 DOI: 10.1037/lhb0000649
Jordan Kerere,Dewey Cornell,Timothy Konold,Jennifer Maeng
OBJECTIVESchool threat assessment is a widely used strategy for preventing violence. However, there have been few studies of student attacks following a threat assessment. Additionally, most existing studies have been conducted within a single state, limiting the generalizability of findings. Thus, the primary purpose of this study was to identify student- and school-level correlates of attack rates in a multistate sample of schools.HYPOTHESESWe hypothesized that most threat assessment cases will not lead to attacks, but that attacks will be more likely in more serious threat cases. We hypothesized that attacks will be lower in schools using safety staff (including school resource officers and security guards) and anonymous reporting systems.METHODBased on 2,349 case records from 166 schools in five U.S. states, this study examined the frequency of student attacks following a threat assessment using the Comprehensive School Threat Assessment Guidelines. The study also examined the relationships between threat classification and school safety measures with student attack outcomes (injury or no injury).RESULTSThere were 234 (10%) cases involving an attack, and seven (0.3%) resulted in serious injury to the target. The odds of an attack were approximately 20 times greater for serious threats compared to nonserious threats. The presence of school safety measures did not significantly correlate with student attacks or injury.CONCLUSIONSSchool threat assessment teams can manage student threats of violence with few subsequent attacks but should anticipate that threat classification is strongly associated with the likelihood of an attack and therefore warrants increased intervention and preventive actions. (PsycInfo Database Record (c) 2026 APA, all rights reserved).
目的学校威胁评估是一种广泛使用的预防暴力的策略。然而,在威胁评估之后,很少有关于学生攻击的研究。此外,大多数现有研究都是在单一状态下进行的,限制了研究结果的普遍性。因此,本研究的主要目的是在多州的学校样本中确定学生和学校水平的攻击率相关性。假设我们假设大多数威胁评估案例不会导致攻击,但在更严重的威胁案例中,攻击更有可能发生。我们假设,在使用安全人员(包括学校资源官员和保安人员)和匿名报告系统的学校,攻击会更低。方法基于来自美国5个州166所学校的2349个案例记录,本研究在使用综合学校威胁评估指南进行威胁评估后检查了学生攻击的频率。该研究还调查了威胁分类和学校安全措施与学生攻击结果(受伤或不受伤)之间的关系。结果234例(10%)涉及攻击,7例(0.3%)造成目标严重伤害。与非严重威胁相比,严重威胁发生攻击的几率大约高出20倍。学校安全措施的存在与学生袭击或伤害没有显著关联。结论:学校威胁评估小组可以管理学生的暴力威胁,但随后很少发生攻击,但应预见到威胁分类与攻击的可能性密切相关,因此需要增加干预和预防措施。(PsycInfo数据库记录(c) 2026 APA,版权所有)。
{"title":"Violence following a threat assessment: Do threat classification and school safety measures matter?","authors":"Jordan Kerere,Dewey Cornell,Timothy Konold,Jennifer Maeng","doi":"10.1037/lhb0000649","DOIUrl":"https://doi.org/10.1037/lhb0000649","url":null,"abstract":"OBJECTIVESchool threat assessment is a widely used strategy for preventing violence. However, there have been few studies of student attacks following a threat assessment. Additionally, most existing studies have been conducted within a single state, limiting the generalizability of findings. Thus, the primary purpose of this study was to identify student- and school-level correlates of attack rates in a multistate sample of schools.HYPOTHESESWe hypothesized that most threat assessment cases will not lead to attacks, but that attacks will be more likely in more serious threat cases. We hypothesized that attacks will be lower in schools using safety staff (including school resource officers and security guards) and anonymous reporting systems.METHODBased on 2,349 case records from 166 schools in five U.S. states, this study examined the frequency of student attacks following a threat assessment using the Comprehensive School Threat Assessment Guidelines. The study also examined the relationships between threat classification and school safety measures with student attack outcomes (injury or no injury).RESULTSThere were 234 (10%) cases involving an attack, and seven (0.3%) resulted in serious injury to the target. The odds of an attack were approximately 20 times greater for serious threats compared to nonserious threats. The presence of school safety measures did not significantly correlate with student attacks or injury.CONCLUSIONSSchool threat assessment teams can manage student threats of violence with few subsequent attacks but should anticipate that threat classification is strongly associated with the likelihood of an attack and therefore warrants increased intervention and preventive actions. (PsycInfo Database Record (c) 2026 APA, all rights reserved).","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"48 1","pages":""},"PeriodicalIF":2.5,"publicationDate":"2026-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146005440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The effect of individualized treatment for participants with substance use disorder on completion of mental health courts programs. 物质使用障碍参与者个体化治疗对完成心理健康法庭项目的影响。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-19 DOI: 10.1037/lhb0000655
Maude Boucher-Réhel,Yanick Charette,Chloé Leclerc,Audrey-Anne Dumais Michaud,Geneviève Nault,Anne G Crocker
OBJECTIVEPersons with behavioral disorders, including those with dual disorders (DDs; i.e., co-occurring mental and substance use disorders [SUDs]), are overrepresented in the criminal justice system. Mental health courts (MHCs) offer an alternative to incarceration and aim to reduce recidivism. However, research indicates that participants with a SUD often complete MHCs at lower rates than those without, highlighting the need to identify effective services that support completion and improve outcomes for this group. This study examines how MHCs support participants with DDs.HYPOTHESESWe hypothesized that MHCs will use SUD-specific intervention objectives (e.g., SUD services and treatment objectives) to guide participants with DDs through the MHC process, positively influencing MHC completion.METHODUsing a sample of 877 participants (261 with a SUD) from 10 MHCs in Quebec, Canada, we conducted bivariate analyses comparing psycho-socio-criminological profiles and MHC interventions for participants with and without a SUD. Decision-tree analysis assessed 16 individual characteristics and events (e.g., factors beyond the MHC team's control during program participation) as well as 19 intervention objectives (e.g., types of services, treatment objectives, and conditions set by multidisciplinary teams) to identify which factors effectively support participants with a SUD in graduating from MHCs.RESULTSBivariate analyses show that MHC teams utilize SUD-specific objectives, conditions, and services to address the many clinical and criminogenic needs of participants with DDs. Decision-tree analysis revealed that participants with DDs benefited the most from medical and psychosocial services to complete the MHC.CONCLUSIONSThe fact that medical and psychosocial services help participants with DDs successfully complete MHCs suggests that prioritizing access to these services during the program is essential for improving completion rates. These findings highlight the importance of tailoring MHC interventions to the complex needs of this group, such as medical care, housing, and workforce integration programs. (PsycInfo Database Record (c) 2026 APA, all rights reserved).
目的行为障碍患者,包括双重障碍患者(即同时发生的精神和物质使用障碍[sud])在刑事司法系统中的比例过高。精神健康法庭(MHCs)提供了监禁之外的另一种选择,旨在减少再犯。然而,研究表明,患有SUD的参与者完成mhc的比率通常低于没有SUD的参与者,这突出表明需要确定有效的服务来支持完成mhc并改善该群体的结果。本研究探讨了MHCs如何支持患有dd的参与者。假设我们假设MHC将使用SUD特定的干预目标(例如,SUD服务和治疗目标)来指导患有dd的参与者完成MHC过程,从而积极影响MHC的完成。方法使用来自加拿大魁北克省10个MHC的877名参与者(261名患有SUD)的样本,我们进行了双变量分析,比较了有和没有SUD的参与者的心理-社会犯罪学特征和MHC干预措施。决策树分析评估了16个个体特征和事件(例如,参与项目期间MHC团队无法控制的因素)以及19个干预目标(例如,服务类型、治疗目标和多学科团队设定的条件),以确定哪些因素有效地支持患有SUD的参与者从MHC毕业。结果双变量分析表明,MHC团队利用sud特定的目标、条件和服务来解决dd参与者的许多临床和犯罪需求。决策树分析显示,患有dd的参与者从完成MHC的医疗和心理社会服务中获益最多。结论医疗和社会心理服务能够帮助患有疾病的参与者成功完成mhc,这表明在项目期间优先获得这些服务对于提高完成率至关重要。这些发现强调了针对这一群体的复杂需求,如医疗、住房和劳动力整合计划,量身定制MHC干预措施的重要性。(PsycInfo数据库记录(c) 2026 APA,版权所有)。
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引用次数: 0
Factors associated with the timing and success of remediation of youth found incompetent to stand trial in juvenile court. 对不能在少年法庭受审的青少年进行补救的时机和成功与否的相关因素。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-15 DOI: 10.1037/lhb0000653
Philip C O'Donnell,Leah J Welty,Ying Cheung,Krissie Fernandez Smith,Maria Rodriguez
OBJECTIVEEvaluators who assess competency to stand trial in juvenile court may be asked to opine about the likelihood that incompetent youth will be remediated and the necessary services for remediation. We used data obtained from initial competency evaluations to examine how demographic, legal, diagnostic, and competency-related knowledge and abilities predicted remediation of incompetent youth.HYPOTHESESWe hypothesized that most incompetent youth would be remediated within 1 year and that youth with intellectual disability would be less likely to be remediated than youth without this diagnosis.METHODWe coded data from deidentified competency to stand trial evaluations and court records for 103 youths. The jurisdiction where data were collected sets a 1-year timeframe for remediation, but services may be extended if there is a probability the youth will eventually become competent. We used survival analyses to identify predictors of remediation, both within 1 year and at any point thereafter.RESULTSMost (72%) incompetent youth were remediated. Prior arrest, inpatient level of care, and knowledge of court-related information were associated with remediation within 1 year. Intellectual disability was not a significant diagnostic predictor of remediation. Youth with depressive or mood symptoms and substance misuse were more likely to be remediated within 1 year than those without these conditions. Three quarters of the youth who forensic evaluators opined were "likely" to be remediated were remediated. Among youth who evaluators opined were "unlikely" to be remediated or gave an "uncertain" opinion, 57% were not remediated.CONCLUSIONSYouth with intellectual disability were not less likely to be remediated in our sample; however, our findings suggest that baseline court-related knowledge is associated with successful remediation. Youth who received inpatient services were more likely to be remediated than those who received outpatient services, which may reflect the structure and intensity of each service within this jurisdiction. (PsycInfo Database Record (c) 2026 APA, all rights reserved).
目的评估青少年法庭出庭能力的评估人员可能会被要求对不称职的青少年得到纠正的可能性和必要的纠正服务发表意见。我们使用从初始能力评估中获得的数据来检验人口统计、法律、诊断和能力相关知识和能力如何预测不称职青年的补救措施。假设我们假设大多数不合格的青少年在一年内可以得到治疗,而有智力残疾的青少年比没有这种诊断的青少年更不可能得到治疗。方法对103名青少年的审判评价和法庭记录进行编码。收集数据的司法管辖区设定了1年的补救时限,但如果青少年最终有可能成为称职的人,则可以延长服务时间。我们使用生存分析来确定1年内和此后任何时间点的补救预测因素。结果大多数(72%)不称职青年得到了纠正。先前的逮捕、住院治疗水平和对法院相关信息的了解与1年内的补救有关。智力残疾不是一个显著的诊断预测因子。与没有这些症状的青少年相比,有抑郁或情绪症状和药物滥用的青少年更有可能在1年内得到纠正。法医鉴定人员认为“可能”得到补救的青年中,有四分之三得到了补救。在评估者认为“不太可能”得到纠正或给出“不确定”意见的青年中,57%的人没有得到纠正。结论本样本中智力残疾青少年接受治疗的可能性并不低;然而,我们的研究结果表明,与法院相关的基本知识与成功的补救有关。接受住院服务的青年比接受门诊服务的青年更有可能得到纠正,这可能反映了该辖区内每种服务的结构和强度。(PsycInfo数据库记录(c) 2026 APA,版权所有)。
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引用次数: 0
Supplemental Material for Virtually the Same? A Comparison Between In-Person and Virtual Mock Jury Deliberations 几乎相同的补充材料?面对面和虚拟模拟陪审团审议的比较
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-15 DOI: 10.1037/lhb0000643.supp
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引用次数: 0
A glimpse at competency to proceed evaluations for immigration court proceedings. 一瞥为移民法庭程序进行评估的能力。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-12 DOI: 10.1037/lhb0000652
Cassandra A Bailey,Mia M Ricardo,London Samson,Zachary Mellema,Matthew Boles,Ahmad Adi,Emily Rybak
OBJECTIVEWhile competency to proceed (CTP) has been clearly defined in criminal courts since 1960, it remains a relatively novel concept in immigration court (IC). In 2011, the Executive Office for Immigration Review issued a decision that IC Judges must take measures to determine whether an immigrant is CTP if there are indicia of incompetency. If incompetent, the case may continue provided there are procedural safeguards to ensure due process. Unlike criminal court, IC respondents are not provided government-funded counsel. Instead, they proceed self-represented unless they obtain an attorney through personal means, are represented pro bono, or are provided one secondary to being adjudicated incompetent to proceed. Given the potential consequences of deportation and the lack of representation for many immigrants in removal proceedings, it is imperative that mental health professionals conduct quality competence evaluations.HYPOTHESESWe did not have any a priori hypotheses as this study is descriptive in nature.METHODThe present study utilized deidentified data from 41 CTP reports in IC and coded for 54 variables related to respondent, report, and evaluation characteristics, and psycholegal opinions; all reports were double coded.RESULTSOur sample comprised respondents from 13 different countries. Results indicate CTP evaluations for IC are of highly variable quality, and many do not meet the minimum requirements as delineated in the Executive Office for Immigration Review guidelines. Only 15 reports (36.6%) fully addressed all aspects of the competency standard. Against good forensic practice, 56.1% (n = 23) of reports included prejudicial statements regarding the respondent.CONCLUSIONSOur research highlights legal distinctions between CTP in criminal court and IC, the need for improved training for evaluators in IC, and the necessity for this topic to be taught in forensic programs nationally. We finish by providing recommendations for evaluators conducting CTP evaluations for IC. (PsycInfo Database Record (c) 2026 APA, all rights reserved).
目的:虽然自1960年以来刑事法院对诉讼能力(CTP)有了明确的定义,但在移民法院(IC)中,它仍然是一个相对较新的概念。2011年,移民审查执行办公室(Executive Office for Immigration Review)发布了一项决定,要求移民法官必须采取措施,确定有不胜任迹象的移民是否属于CTP。如果无能为力,只要有程序保障以确保正当程序,案件可继续审理。与刑事法庭不同的是,国际法院不为被告提供政府资助的律师。相反,他们会自行代理,除非他们通过个人途径获得律师,或者是无偿代理,或者是在被裁定无能力的情况下被提供一个次要代理。考虑到驱逐出境的潜在后果以及许多移民在驱逐程序中缺乏代表,心理健康专业人员必须进行质量能力评估。假设我们没有任何先验的假设,因为这项研究本质上是描述性的。方法本研究利用来自IC的41份CTP报告的去识别数据,并对与被调查者、报告、评估特征和心理意见相关的54个变量进行编码;所有的报告都是双重编码的。结果我们的样本包括来自13个不同国家的受访者。结果表明,CTP对IC的评估质量变化很大,许多不符合移民审查执行办公室指南中规定的最低要求。只有15份报告(36.6%)完全处理了能力标准的所有方面。与良好的法医实践相反,56.1% (n = 23)的报告包括对被告的偏见陈述。结论我们的研究强调了刑事法院和司法鉴定中刑事刑事鉴定的法律区别,加强司法鉴定人员培训的必要性,以及在全国司法鉴定项目中教授这一主题的必要性。最后,我们为评估人员提供了对IC进行CTP评估的建议。(PsycInfo数据库记录(c) 2026 APA,版权所有)。
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引用次数: 0
Extending the Fuzzy-Trace Theory informed model of guilty plea decision making: Accounting for factual guilt and innocence. 对认罪决策的模糊追踪模型的拓展:考虑事实有罪与无罪。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2026-01-12 DOI: 10.1037/lhb0000654
Rebecca K Helm,Tina M Zottoli
OBJECTIVEUnderstanding how sentence differentials influence plea decision making is vital to identifying when plea offers might lead to convictions that conflict with normative goals (e.g., avoiding wrongful conviction). We clarify previous findings by introducing and testing predictions of a Fuzzy-Trace Theory informed model relating plea discount to plea acceptance in mock guilty defendants and extend the work to mock innocent defendants.HYPOTHESESWe expected plea rates in guilty defendants to increase with increases in plea discount but to change more steeply when a change in plea discount created a categorically distinct change in sentence (vs. a less meaningful reduction). Innocent defendants were expected to be unresponsive to changes in plea discount until a breaking point at which the discount created a sufficient categorical difference between plea and trial sentences to compete with innocence and the values associated with it.METHODWe conducted a vignette-based experiment with 3,646 participants. We manipulated potential trial sentence (9 years, 18 years), factual guilt (guilty, innocent), and discount (nine levels; 10%-90%) in a between-subject design and asked participants to accept or reject an offer.RESULTSAs predicted, mock guilty participants were generally responsive to changes in plea discount but showed increased sensitivity at meaningfully distinct points along the range of discounts. Mock innocent participants showed a more extreme pattern. As expected, plea rates in mock innocent participants were generally unaffected by incremental changes in plea discounts but showed jumps at "break points," particularly when perceived conviction probability was high.CONCLUSIONSResults support our conceptual model of gist-based plea decision making and demonstrate important differences in cognition underlying decisions in those asked to assume guilt versus innocence. (PsycInfo Database Record (c) 2026 APA, all rights reserved).
目的了解刑期差异如何影响认罪决策对于确定认罪何时可能导致与规范目标(例如,避免错误定罪)相冲突的定罪至关重要。我们通过引入和测试关于模拟有罪被告的认罪折扣与认罪接受的模糊追踪理论知情模型的预测来澄清先前的发现,并将工作扩展到模拟无辜被告。假设我们预期有罪被告的认罪率会随着认罪折扣的增加而增加,但当认罪折扣的变化导致判刑的明显变化(相对于意义不大的减少)时,认罪率的变化会更大。人们期望无辜的被告对认罪折扣的变化没有反应,直到达到一个临界点,在这个临界点上,折扣在认罪和审判判决之间产生了足够的绝对差异,与无罪及其相关的价值观相竞争。方法对3,646名参与者进行了基于小图像的实验。我们在受试者之间设计中操纵了可能的审判判决(9年、18年)、事实有罪(有罪、无罪)和折扣(9个水平;10%-90%),并要求参与者接受或拒绝一个提议。结果正如预测的那样,模拟有罪的参与者通常对认罪折扣的变化有反应,但在折扣范围内有意义的不同点上表现出更高的敏感性。模拟的无辜参与者表现出更极端的模式。正如预期的那样,模拟无辜参与者的认罪率通常不受认罪折扣增量变化的影响,但在“断点”上出现了跳跃,特别是当感知到的定罪概率很高时。结论:研究结果支持我们的基于要点的认罪决策的概念模型,并表明被要求假设有罪和无罪的人在认知基础决策方面存在重要差异。(PsycInfo数据库记录(c) 2026 APA,版权所有)。
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Law and Human Behavior
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