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Does engaging in reason elaboration mitigate bias in mock jurors' evaluations of confession evidence?
IF 2.4 2区 社会学 Q1 LAW Pub Date : 2024-10-01 DOI: 10.1037/lhb0000595
Alexander D Perry, Amelia Mindthoff, Skye A Woestehoff, Christian A Meissner

Objective: Prior research suggests that jurors may commit the fundamental attribution error when evaluating confession evidence (i.e., failing to recognize the situational pressures inherent to coercive interrogations) and exhibit belief perseverance when presented with expert testimony or judicial instructions seeking to remediate juror knowledge. Given mixed findings regarding the use of safeguards that might assist jurors in rendering appropriate decisions, the current research examined the effectiveness of reason elaboration instructions.

Hypotheses: We hypothesized that instructing mock jurors to engage in reason elaboration (Experiments 1, 2, and 4: list reasons; Experiment 3: make an initial judgment and then list reasons for the opposite of their initial belief) for why an individual might confess may help them to become more sensitive to situational and dispositional confession risk factors. We expected that reason elaboration instructions would lead to fewer convictions when a coercive interrogation was presented, but not in cases in which a noncoercive interrogation was presented (i.e., a sensitivity effect).

Method: Across four experiments, jury-eligible participants (N = 1,319) read a murder trial transcript and then responded to items measuring perceived interrogation coerciveness, defendant vulnerability, and verdict decision. We manipulated interrogation approach (noncoercive vs. coercive) and reason listing for a true and/or false confession.

Results: Across all four experiments, mock jurors demonstrated appropriate knowledge of false confession risk factors, and there was no interactive effect of our reason elaboration task with interrogation condition.

Conclusions: Reason elaboration does not appear to be an effective safeguard for debiasing and improving sensitivity in jurors' evaluations of confession evidence. Jurors appeared relatively proficient in distinguishing between coercive and noncoercive interrogation tactics. Future research should assess alternative approaches that can leverage mock jurors' knowledge of appropriate risk factors and further improve their decision making. (PsycInfo Database Record (c) 2025 APA, all rights reserved).

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引用次数: 0
An audit study of barriers to mental health treatment for wrongly incarcerated people. 对被错误监禁者接受心理健康治疗的障碍进行审计研究。
IF 2.4 2区 社会学 Q1 LAW Pub Date : 2024-10-01 Epub Date: 2024-08-26 DOI: 10.1037/lhb0000569
Jeff Kukucka, Kateryn Reyes-Fuentes, Christina M Dardis

Objective: People who have been wrongly incarcerated report exceptionally poor mental health, and despite having been exonerated, they face discrimination similar to other formerly incarcerated people when seeking housing and employment opportunities. The current audit study was designed to test whether exonerees likewise face discrimination when seeking mental health treatment.

Hypotheses: Therapists will reply less often to treatment inquiries from exonerees and parolees compared to another prospective client with the same symptoms and trauma history-and when therapists do reply, they will less often be willing to meet with exonerated or paroled help seekers.

Method: We emailed 752 therapists across the United States while posing as a man seeking therapy for the mental health symptoms most commonly reported by exonerees. By random assignment, this help seeker had been either incarcerated and paroled, wrongly incarcerated and exonerated, or working as a first responder (control). For each email, we noted whether the therapist replied and, if so, the speed and length of the reply. We also content analyzed all replies for predetermined themes, including willingness to meet.

Results: Overall, therapists replied less often to exonerees (50.6%) than to first responders (62.9%) or parolees (61.1%), who did not differ (V = .11). Therapists' replies also differed in their willingness to meet (V = .13), such that inquiries from first responders would more often result in a meeting with a therapist (31.7%) compared with inquiries from exonerees (19.6%) or parolees (21.0%).

Conclusions: Exonerees' staggering rates of mental illness may be compounded by lesser treatment access. Therapists' reluctance to assist exonerees may reflect stigma and/or perceived incompetence. Our data highlight the need to destigmatize wrongful conviction, empower clinicians to treat exonerated clients, and advance legislation and other means to expand exonerees' access to mental health care. (PsycInfo Database Record (c) 2025 APA, all rights reserved).

目标:曾被错误监禁的人报告说,他们的心理健康状况极差,尽管已被开释,但在寻求住房和就业机会时,他们与其他曾被监禁的人一样面临歧视。当前的审计研究旨在检验被开释者在寻求心理健康治疗时是否同样面临歧视:假设:与具有相同症状和创伤史的其他潜在客户相比,治疗师回复被开释者和假释者的治疗咨询的频率会更低,而且当治疗师回复时,他们会更少愿意与被开释或假释的求助者会面:我们向全美 752 名治疗师发送了电子邮件,同时假扮成一名男子,寻求治疗刑满释放人员最常报告的心理健康症状。通过随机分配,该求助者要么曾被监禁和假释,要么曾被错误监禁和免除刑罚,要么曾担任第一响应者(对照组)。对于每封邮件,我们都会记录治疗师是否回复,如果回复,则记录回复的速度和长度。我们还对所有回复进行了内容分析,以确定预先设定的主题,包括是否愿意会面:总体而言,治疗师对被免除刑罚者(50.6%)的回复频率低于第一反应者(62.9%)或假释者(61.1%),两者没有差异(V = .11)。治疗师的答复在是否愿意会面方面也存在差异(V = .13),因此,与被开释者(19.6%)或假释人员(21.0%)相比,第一反应者的询问更经常导致与治疗师会面(31.7%):结论:被开释者罹患精神疾病的比例高得惊人,这可能是因为他们获得治疗的机会较少。治疗师不愿意帮助被开释者可能反映了他们的耻辱感和/或认为他们无能。我们的数据凸显了消除对错误定罪的污名化、赋予临床医生治疗被开释者的权力以及推进立法和其他手段以扩大被开释者获得心理健康护理的机会的必要性。(PsycInfo Database Record (c) 2024 APA,保留所有权利)。
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引用次数: 0
Reducing biases in the criminal legal system: A perspective from expected utility. 减少刑事法律制度中的偏见:从预期效用的角度看问题。
IF 2.4 2区 社会学 Q1 LAW Pub Date : 2024-10-01 Epub Date: 2024-09-19 DOI: 10.1037/lhb0000571
Janice L Burke, Justice Healy, Yueran Yang

Objective: Racial biases exist in almost every aspect of the criminal legal system, resulting in disparities across all stages of legal procedures-before, during, and after a legal procedure. Building on expected utility theory, we propose an expected utility framework to organize and quantify racial disparities in legal procedures.

Hypotheses: Corresponding to the parameteres involved in estimating expected utility, we hypothesized that racial biases would occur at different stages of legal procedures.

Method: Using police interrogation procedures as an example, we obtained estimates from previous literature and demonstrated that racial disparities exist at each stage of legal procedures. We then used these estimates to compute and visualize expected utilities, which quantify the average long-term outcomes of interrogations for minority versus nonminority suspects.

Results: Based on this hypothetical example, the expected utility analysis suggests that biases at various stages of interrogations could potentially lead to substantial disparities in legal outcomes between racial groups. In particular, the example shows that interrogations might yield notably worse outcomes for minority suspects than nonminority suspects because of cumulative biases that occur before, during, and after this legal procedure.

Conclusions: The proposed expected utility approach not only offers a valuable tool for accounting the joint impacts of multiple stages of legal procedures to quantify racial disparities but also carries important implications for how the criminal legal system could reduce such disparities. That is, the criminal legal system must seek to reduce racial biases across all stages of legal procedures rather than focusing on just one aspect. (PsycInfo Database Record (c) 2025 APA, all rights reserved).

目标:种族偏见几乎存在于刑事法律制度的方方面面,导致法律程序的各个阶段--法律程序之前、期间和之后--都存在差异。基于预期效用理论,我们提出了一个预期效用框架来组织和量化法律程序中的种族差异:与估计预期效用所涉及的参数相对应,我们假设种族偏见会出现在法律程序的不同阶段:方法:以警方审讯程序为例,我们从以前的文献中获得了估计值,并证明在法律程序的每个阶段都存在种族差异。然后,我们利用这些估计值计算出预期效用并将其可视化,该效用量化了少数族裔与非少数族裔嫌疑人审讯的平均长期结果:基于这个假设的例子,预期效用分析表明,审讯各个阶段的偏差可能会导致种族群体之间法律结果的巨大差异。特别是,这个例子表明,由于在这一法律程序之前、期间和之后出现的累积性偏见,讯问对少数族裔嫌疑人产生的结果可能会比对非少数族裔嫌疑人产生的结果要差得多:拟议的预期效用法不仅为计算法律程序多个阶段的共同影响以量化种族差异提供了有价值的工具,还对刑事法律系统如何减少这种差异产生了重要影响。也就是说,刑事法律系统必须设法减少法律程序各个阶段的种族偏见,而不是只关注一个方面。(PsycInfo Database Record (c) 2024 APA, all rights reserved)。
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引用次数: 0
Suspect race affects defense attorney evaluations of preidentification evidence. 嫌犯种族影响辩护律师对预先认定证据的评估。
IF 2.4 2区 社会学 Q1 LAW Pub Date : 2024-10-01 Epub Date: 2024-08-29 DOI: 10.1037/lhb0000566
Jacqueline Katzman, Margaret Bull Kovera

Objective: When an officer places a suspect in an identification procedure and the witness identifies the suspect, it falls on attorneys to make decisions that reflect the strength of that identification. The factor that most affects the strength of identification evidence is the likelihood that the suspect is guilty before being subjected to the procedure, which scholars refer to as the prior probability of guilt. Given large racial disparities in exonerations based on eyewitness misidentifications, the current work examined whether defense attorneys are less sensitive to prior evidence of guilt when the defendant is Black as opposed to White.

Hypotheses: We predicted that when the defendant's race was described as White rather than Black, attorneys' judgments would be more sensitive to variations in the evidence that would influence the base rate of guilt. We also predicted that attorneys would rate the case as stronger when the victim's race was described as White rather than Black.

Method: We gave 316 defense attorneys case files (modeled after the New York Police Department's style) that varied the strength of the preidentification evidence (strong vs. weak), the race of the defendant (Black vs. White), and the race of the victim (Black vs. White).

Results: Attorneys made judgments that were sensitive to the base rate of guilt, but self-report measures demonstrated that they did not understand the extent to which the base rate of guilt influences the reliability of eyewitness evidence. Participants also rated the strength of the preidentification evidence as stronger for Black than for White defendants.

Conclusions: Although attorneys are intuitively sensitive to the strength of preidentification evidence, they lack conscious awareness of how a suspect's prior probability of guilt affects likelihood of a mistaken identification, which may have implications for their ability to make race-neutral evaluations of preidentification evidence. (PsycInfo Database Record (c) 2025 APA, all rights reserved).

目标:当一名警官将一名嫌疑犯置于指认程序中,而证人指认了嫌疑犯时,律师就有责任做出反映该指认强度的决定。对指认证据的强度影响最大的因素是嫌疑人在接受指认程序之前有罪的可能性,学者将其称为有罪的先验概率。鉴于基于目击证人错误指认的免罪判决中存在巨大的种族差异,本研究考察了当被告是黑人而非白人时,辩护律师是否对先前的有罪证据不太敏感:我们预测,当被告的种族被描述为白人而非黑人时,律师的判断会对影响基本有罪率的证据变化更加敏感。我们还预测,当受害人的种族被描述为白人而非黑人时,律师对案件的评价会更高:我们向 316 名辩护律师提供了案件卷宗(仿照纽约警察局的风格),这些卷宗在预先认定证据的强度(强与弱)、被告的种族(黑人与白人)和受害人的种族(黑人与白人)方面各不相同:结果:律师做出的判断对基本有罪率很敏感,但自我报告测量结果表明,他们并不了解基本有罪率对目击证人证据可靠性的影响程度。参与者还认为黑人被告的指认前证据的强度要高于白人被告:尽管律师对预先指认证据的强度具有直觉上的敏感性,但他们对嫌疑人先前的有罪概率如何影响错误指认的可能性缺乏自觉意识,这可能会影响他们对预先指认证据进行种族中立评估的能力。(PsycInfo Database Record (c) 2024 APA,保留所有权利)。
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引用次数: 0
Detecting criminal intent in social interactions: The influence of autism and theory of mind. 在社会互动中检测犯罪意图:自闭症和心智理论的影响。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2024-09-26 DOI: 10.1037/lhb0000575
Zoe Michael,Neil Brewer
OBJECTIVEDefense attorneys sometimes suggest that social-cognitive difficulties render autistic individuals vulnerable to involvement in crime, often arguing that theory of mind (ToM) difficulties that undermine inferences about others' intentions underpin this vulnerability. We examined autistic adults' ability to respond adaptively to criminal intent during interactions and whether difficulties were associated with poor ToM.HYPOTHESESCompared with nonautistic adults, autistic adults were expected to be less likely to respond adaptively to another's criminal intent and less likely to do so early in interactions, with poorer performance associated with ToM difficulties.METHODWe developed the Suspicious Activity Paradigm, in which autistic (n = 102) and nonautistic (n = 95) adults listened (as if participating in an interaction) to audio scenarios in which cues suggesting their impending involvement in a crime gradually emerged. At periodic intervals, they were required to indicate how they would react toward the other person's behavior, with response coding reflecting detection of, and adaptive responding to, suspicious activity.RESULTSWe observed similar patterns of suspicion and adaptive responses in autistic and nonautistic adults as the scenarios progressed. Regardless of diagnostic status, pronounced ToM difficulties and low verbal ability were independently associated with a lower likelihood of reporting suspicion and responding adaptively.CONCLUSIONSOur results do not support the perspective that autistic adults are uniquely vulnerable to crime involvement due to an inability to recognize and respond adaptively to suspicious behavior. The potential for heightened criminal vulnerability was associated with significant ToM difficulties (and verbal ability) regardless of autism diagnostic status, although such difficulties were more prevalent in the autistic sample. The finding that pronounced ToM difficulties may heighten criminal vulnerability for both autistic and nonautistic individuals challenges the validity of a generalized "autism" legal defense based on assumed rather than measured ToM difficulties. (PsycInfo Database Record (c) 2024 APA, all rights reserved).
目的辩护律师有时会提出,社会认知困难会使自闭症患者容易参与犯罪,他们通常认为,心智理论(ToM)困难破坏了对他人意图的推断,是这种脆弱性的基础。我们研究了自闭症成年人在互动过程中对犯罪意图做出适应性反应的能力,以及这些困难是否与较差的心智理论有关。假设与非自闭症成年人相比,我们认为自闭症成年人不太可能对他人的犯罪意图做出适应性反应,并且不太可能在互动早期就做出反应,而较差的表现与心智理论困难有关。我们开发了 "可疑活动范式"(Suspicious Activity Paradigm),让自闭症成人(n = 102)和非自闭症成人(n = 95)聆听(就像参与互动一样)音频情景,在这些情景中,暗示他们即将参与犯罪的线索逐渐出现。我们观察到,自闭症和非自闭症成人的怀疑和适应性反应模式与情景进展相似。结论我们的研究结果并不支持自闭症成人因无法识别可疑行为并做出适应性反应而特别容易卷入犯罪的观点。无论自闭症诊断状况如何,犯罪易感性增加的可能性都与明显的 ToM 困难(和言语能力)有关,尽管这种困难在自闭症样本中更为普遍。研究发现,明显的 ToM 困难可能会增加自闭症患者和非自闭症患者的犯罪风险,这一发现对基于假设而非测量的 ToM 困难的 "自闭症 "法律辩护的有效性提出了质疑。(PsycInfo Database Record (c) 2024 APA,保留所有权利)。
{"title":"Detecting criminal intent in social interactions: The influence of autism and theory of mind.","authors":"Zoe Michael,Neil Brewer","doi":"10.1037/lhb0000575","DOIUrl":"https://doi.org/10.1037/lhb0000575","url":null,"abstract":"OBJECTIVEDefense attorneys sometimes suggest that social-cognitive difficulties render autistic individuals vulnerable to involvement in crime, often arguing that theory of mind (ToM) difficulties that undermine inferences about others' intentions underpin this vulnerability. We examined autistic adults' ability to respond adaptively to criminal intent during interactions and whether difficulties were associated with poor ToM.HYPOTHESESCompared with nonautistic adults, autistic adults were expected to be less likely to respond adaptively to another's criminal intent and less likely to do so early in interactions, with poorer performance associated with ToM difficulties.METHODWe developed the Suspicious Activity Paradigm, in which autistic (n = 102) and nonautistic (n = 95) adults listened (as if participating in an interaction) to audio scenarios in which cues suggesting their impending involvement in a crime gradually emerged. At periodic intervals, they were required to indicate how they would react toward the other person's behavior, with response coding reflecting detection of, and adaptive responding to, suspicious activity.RESULTSWe observed similar patterns of suspicion and adaptive responses in autistic and nonautistic adults as the scenarios progressed. Regardless of diagnostic status, pronounced ToM difficulties and low verbal ability were independently associated with a lower likelihood of reporting suspicion and responding adaptively.CONCLUSIONSOur results do not support the perspective that autistic adults are uniquely vulnerable to crime involvement due to an inability to recognize and respond adaptively to suspicious behavior. The potential for heightened criminal vulnerability was associated with significant ToM difficulties (and verbal ability) regardless of autism diagnostic status, although such difficulties were more prevalent in the autistic sample. The finding that pronounced ToM difficulties may heighten criminal vulnerability for both autistic and nonautistic individuals challenges the validity of a generalized \"autism\" legal defense based on assumed rather than measured ToM difficulties. (PsycInfo Database Record (c) 2024 APA, all rights reserved).","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"217 1","pages":""},"PeriodicalIF":2.5,"publicationDate":"2024-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142325207","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
Inequality threat increases laypeople's, but not judges', acceptance of algorithmic decision making in court. 不平等的威胁增加了非专业人士对法庭算法决策的接受度,但并没有增加法官对算法决策的接受度。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2024-09-12 DOI: 10.1037/lhb0000577
Jonas Ludwig,Paul-Michael Heineck,Marie-Theres Hess,Eleni Kremeti,Max Tauschhuber,Eric Hilgendorf,Roland Deutsch
OBJECTIVEAlgorithmic decision making (ADM) takes on increasingly complex tasks in the criminal justice system. Whereas new developments in machine learning could help to improve the quality of judicial decisions, there are legal and ethical concerns that thwart the widespread use of algorithms. Against the backdrop of current efforts to promote the digitization of the German judicial system, this research investigates motivational factors (pragmatic motives, fairness concerns, and self-image-related considerations) that drive or impede the acceptance of ADM in court.HYPOTHESESWe tested two hypotheses: (1) Perceived threat of inequality in legal judgments increases ADM acceptance, and (2) experts (judges) are more skeptical toward technological innovation than novices (general population).METHODWe conducted a preregistered experiment with 298 participants from the German general population and 267 judges at regional courts in Bavaria to study how inequality threat (vs. control) relates to ADM acceptance in court, usage intentions, and attitudes.RESULTSIn partial support of the first prediction, inequality threat increased ADM acceptance, effect size d = 0.24, 95% confidence interval (CI) [0.01, 0.47], and usage intentions (d = 0.23, 95% CI [0.00, 0.46]) of laypeople. Unexpectedly, however, this was not the case for experts. Moreover, ADM attitudes remained unaffected by the experimental manipulation in both groups. As predicted, judges held more negative attitudes toward ADM than the general population (d = -0.71, 95% CI [-0.88, -0.54]). Exploratory analysis suggested that generalized attitudes emerged as the strongest predictor of judges' intentions to use ADM in their own court proceedings.CONCLUSIONSThese findings elucidate the motivational forces that drive algorithm aversion and acceptance in a criminal justice context and inform the ongoing debate about perceptions of fairness in human-computer interaction. Implications for judicial praxis and the regulation of ADM in the German legal framework are discussed. (PsycInfo Database Record (c) 2024 APA, all rights reserved).
目标算法决策(ADM)在刑事司法系统中承担着越来越复杂的任务。虽然机器学习的新发展有助于提高司法判决的质量,但法律和道德方面的问题阻碍了算法的广泛使用。我们测试了两个假设:(1)感知到法律判决中不平等的威胁会增加对 ADM 的接受度;(2)专家(法官)比新手(普通民众)更怀疑技术创新。结果部分支持第一项预测,不平等威胁增加了非专业人士对 ADM 的接受度(效应大小 d = 0.24,95% 置信区间 (CI) [0.01, 0.47])和使用意愿(d = 0.23,95% CI [0.00, 0.46])。但出乎意料的是,专家的情况并非如此。此外,两组人的 ADM 态度都没有受到实验操作的影响。正如预测的那样,法官比普通人对 ADM 持更消极的态度(d = -0.71,95% CI [-0.88,-0.54])。探索性分析表明,普遍态度是法官在自己的法庭诉讼中使用 ADM 的意向的最强预测因素。结论:这些研究结果阐明了在刑事司法背景下驱动算法厌恶和接受的动力,并为正在进行的关于人机交互中公平感的讨论提供了信息。本文还讨论了德国法律框架中的司法实践和 ADM 法规的影响。(PsycInfo Database Record (c) 2024 APA, all rights reserved)。
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引用次数: 0
Virginia Alford plea-takers experience harsher outcomes than traditional plea-takers. 弗吉尼亚州阿尔弗德认罪者的结果比传统认罪者更为严厉。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2024-08-01 DOI: 10.1037/lhb0000580
Amy Dezember,Allison D Redlich
OBJECTIVEAlford pleas allow defendants to profess innocence while simultaneously pleading guilty. In Study 1, we addressed two research questions: (1) Does the case processing length in Alford plea cases differ from traditional guilty plea cases? and (2) Do the sentencing outcomes (i.e., length of sentence, reduction in sentence, incarceration) in Alford plea cases differ from traditional guilty plea cases? In Study 2, we explored two research questions: (1) What is the process for offering, negotiating, and accepting Alford pleas? and (2) How does the strength of evidence compare in Alford plea cases versus traditional guilty plea cases?HYPOTHESESIn Study 1, we predicted that (a) Alford plea cases would take longer to dispose of than traditional guilty plea cases, and (b) Alford plea cases would receive more beneficial sentencing outcomes (e.g., shorter sentences, larger sentence reductions) than traditional guilty plea cases. The research questions in Study 2 were exploratory; thus, we did not have a priori hypotheses.METHODStudy 1 is a quantitative analysis of 18 years of Virginia court administrative data, and Study 2 is a qualitative analysis of interviews with Virginia judges, prosecutors, and defense attorneys.RESULTSIn Study 1, we found that Alford plea cases take longer to process and generally receive harsher, less favorable outcomes compared with traditional guilty pleas. In Study 2, we found that legal actors do not perceive evidence to be a driving factor in the context of Alford pleas and largely do not consider Alford pleas differently from traditional guilty pleas.CONCLUSIONSAdditional research would be beneficial to ensure that defendants are not punished simply for insisting on their innocence. Given that almost all convictions are the result of guilty pleas, some entered without admissions of guilt, increased scholarship on traditional and Alford pleas is essential. (PsycInfo Database Record (c) 2024 APA, all rights reserved).
目标 阿尔弗德认罪允许被告在认罪的同时自认无辜。在研究 1 中,我们探讨了两个研究问题:(1) 阿尔弗德认罪案件的处理时间与传统认罪案件是否不同? (2) 阿尔弗德认罪案件的判决结果(即刑期、减刑、监禁)与传统认罪案件是否不同?在研究 2 中,我们探讨了两个研究问题:(1) 提出、协商和接受阿尔弗德认罪的过程是怎样的? (2) 阿尔弗德认罪案件与传统认罪案件的证据效力如何比较?在研究 1 中,我们预测 (a) 阿尔弗德认罪案件的处理时间将长于传统认罪案件;(b) 阿尔弗德认罪案件将获得更有利的量刑结果(例如,刑期更短、减刑幅度更大)、(b) 与传统的认罪案件相比,阿尔弗德认罪案件会得到更有利的判决结果(如更短的刑期、更大的减刑幅度)。研究 1 对弗吉尼亚州法院 18 年的行政数据进行了定量分析,研究 2 则对弗吉尼亚州法官、检察官和辩护律师的访谈进行了定性分析。结果在研究 1 中,我们发现与传统认罪案件相比,阿尔弗德认罪案件的处理时间更长,通常会得到更严厉、更不利的结果。在研究 2 中,我们发现法律行为者并不认为证据是阿尔弗德答辩的驱动因素,在很大程度上也没有将阿尔弗德答辩与传统的认罪答辩区别对待。鉴于几乎所有的定罪都是认罪的结果,其中有些是在不认罪的情况下作出的,因此增加对传统认罪和阿尔弗德认罪的研究至关重要。(PsycInfo Database Record (c) 2024 APA, all rights reserved)。
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引用次数: 0
Interviewing and interrogation practices and beliefs, 20 years later: A national self-report survey of American police. 20 年后的面谈和审讯实践与信念:美国警察全国自我报告调查。
IF 2.4 2区 社会学 Q1 LAW Pub Date : 2024-08-01 Epub Date: 2024-08-05 DOI: 10.1037/lhb0000570
Laure Brimbal, Sean Patrick Roche, M Hunter Martaindale

Objective: This survey examined current law enforcement beliefs and practices about interviewing and interrogation to gauge whether they have evolved given the research and training developed over the past 20 years.

Hypotheses: We hypothesized that police beliefs and practices would have evolved along with research findings over the past 20 years.

Method: We surveyed 526 law enforcement officers about the practices and beliefs regarding interviewing and interrogation. We asked questions about officers' beliefs about rates of true and false confessions, time spent in the interrogation room, beliefs about their ability to detect deception, training experience, practices of recording interrogations, and their self-reported use of interrogation techniques.

Results: Overall, when we compared our survey with Kassin et al.'s (2007) seminal survey, we found both similar results and evolving positive trends. The average interview was reportedly 1.6 hr, virtually no different from that in Kassin and colleagues' study. In addition, our sample reported that 26.2% of innocent suspects at least partially falsely confessed. Further, whereas Kassin and colleagues found that fewer than one in 10 interrogations were video recorded, we found that now more than half of interrogations are recorded in this way.

Conclusions: In a geographically diverse sample of U.S. law enforcement officers, we found significant positive trends toward knowledge and practices informed by research generated over the past decades on interviewing and interrogation. Although causality could not be determined, these findings indicate an evolution of the U.S. law enforcement mindset in a more science-based direction. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

调查目的这项调查研究了当前执法部门对面谈和审讯的看法和做法,以衡量这些看法和做法在过去 20 年的研究和培训中是否有所发展:我们假设警察的信念和做法会随着过去 20 年的研究成果而发生变化:我们对 526 名执法人员进行了调查,了解他们在面谈和审讯方面的做法和信念。我们就警官对真供词和假供词比率的看法、在审讯室中花费的时间、对自己发现欺骗行为的能力的看法、培训经验、记录审讯的做法以及他们自我报告的审讯技巧的使用情况等方面提出了问题:总体而言,当我们将我们的调查与卡辛等人(2007 年)的开创性调查进行比较时,我们发现了相似的结果和不断变化的积极趋势。据报道,平均访谈时间为 1.6 小时,与卡辛及其同事的研究几乎没有差别。此外,我们的样本报告称,26.2%的无辜嫌疑人至少有部分虚假供认。此外,卡辛及其同事发现,每 10 次审讯中只有不到 1 次进行了录像,而我们发现,现在有一半以上的审讯都进行了录像:在对美国不同地域的执法人员进行的抽样调查中,我们发现,过去几十年来关于面谈和审讯的研究成果在知识和实践方面呈现出显著的积极趋势。虽然无法确定因果关系,但这些研究结果表明,美国执法人员的思维正朝着更加以科学为基础的方向发展。(PsycInfo 数据库记录 (c) 2024 APA,保留所有权利)。
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引用次数: 0
Dementia and competency to stand trial in the United States: A case law review. 美国的痴呆症与受审能力:判例法回顾。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2024-08-01 DOI: 10.1037/lhb0000581
Dana R Miller,Casey LaDuke
OBJECTIVECompetency to stand trial (CST) is foundational to the U.S. criminal legal system. Dementia is increasingly prevalent in the United States, and older adults are becoming involved with the U.S. criminal legal system at unprecedented rates, which carries significant implications for legal professionals and clinicians involved in CST cases. Unfortunately, CST research to date has largely excluded considerations of dementia and aging. The present study addressed this gap by reviewing U.S. case law related to dementia and CST.HYPOTHESESThe present study had no hypotheses because of its descriptive nature.METHODThis was a case law review of 118 U.S. court cases involving dementia and CST from 2002 through 2022. Relevant information was coded about the legal case, defendant demographics, clinical evaluation(s), and court determination.RESULTSCompetency was mostly raised by the defense (81%). Similar percentages of defendants were involved in one, two, and three or more evaluations, mostly conducted by experts appointed by courts or retained by the defense. Trends for court determinations were based on the number of evaluations conducted and experts' (dis)agreement about diagnosis and CST recommendation. Ultimately, 45% of defendants were determined incompetent, with trends appearing for dementia diagnosis, cognitive deficits, index offense, and jurisdiction, but not age. Ability to assist was the most cited reason for determinations of incompetence, often in combination with both factual and rational understanding or one of these psycholegal abilities alone.CONCLUSIONSDementia and related impairments appear especially relevant to CST among older adults and carry important implications for clinicians, legal professionals, and policymakers. (PsycInfo Database Record (c) 2024 APA, all rights reserved).
目的受审能力(CST)是美国刑事法律制度的基础。痴呆症在美国越来越普遍,老年人正以前所未有的速度卷入美国刑事法律系统,这对参与 CST 案件的法律专业人员和临床医生产生了重大影响。遗憾的是,迄今为止的 CST 研究大多未考虑痴呆症和老龄化问题。本研究通过回顾与痴呆症和 CST 相关的美国判例法,填补了这一空白。方法本研究对 2002 年至 2022 年期间涉及痴呆症和 CST 的 118 起美国法院案件进行了判例法回顾。对法律案件、被告人口统计、临床评估和法院判决等相关信息进行了编码。结果大部分被告都提出了能力问题(81%)。接受过一次、两次和三次或更多次评估的被告比例相近,这些评估大多由法院指定的专家或被告方聘请的专家进行。法院的判定趋势基于所进行评估的次数以及专家对诊断和 CST 建议的(不)一致意见。最终,45% 的被告被判定为无行为能力人,其中痴呆诊断、认知缺陷、指数罪行和司法管辖权方面出现了趋势,但年龄方面没有。协助能力是判定被告无行为能力的最主要原因,通常与事实理解能力和理性理解能力相结合,或仅与其中一种心理法律能力相结合。结论痴呆症及相关障碍似乎与老年人的 CST 尤为相关,对临床医生、法律专业人士和政策制定者具有重要意义。(PsycInfo Database Record (c) 2024 APA, all rights reserved)。
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引用次数: 0
Emotion regulation reduces victim blaming of vulnerable sex trafficking survivors. 情绪调节可减少易受伤害的性贩运幸存者对受害者的自责。
IF 2.5 2区 社会学 Q1 LAW Pub Date : 2024-08-01 DOI: 10.1037/lhb0000572
Richard L Wiener,Samantha M Wiener,Rachel Haselow,Brooke McBride,Kayla Sircy
OBJECTIVEThis research applied emotion regulation to negative emotions felt toward a sex trafficking victim so that judgments were made to offer her services rather than to favor her arrest for prostitution.HYPOTHESESWe predicted that participants would favor police not arresting a trafficking survivor for prostitution when she was vulnerable (Hypothesis 1) or she showed no sex work history (Hypothesis 2). We predicted a moderated mediation model (Hypothesis 3), in which emotion regulation training to reduce feelings of contempt, anger, and disgust (CAD) toward the survivor interacted with vulnerability and prior sex work such that the effects of the latter two manipulations were the strongest in the successful emotion regulation conditions (i.e., cognitive reappraisal and cognitive reappraisal with motivation), with CAD emotions mediating those relationships.METHODParticipants (N = 421, 54% women, Mage = 42.63 years, 75% White) read a modified version of a sex trafficking case and decided whether the police should arrest the survivor for prostitution. Each participant was randomly assigned to one of 16 conditions in a 4 (emotion regulation: control vs. cognitive reappraisal vs. motivation vs. cognitive reappraisal plus motivation) × 2 (vulnerability: vulnerable background vs. nonvulnerable background) × 2 (prior prostitution history: engaged in prostitution before the trafficking incident vs. not engaged in prostitution before the incident) factorial design.RESULTSParticipants with cognitive reappraisal training, but not controls, who read about a vulnerable survivor were less likely to favor arrest. Moreover, those who trained with cognitive reappraisal plus motivation to decrease their CAD emotions, compared with the controls, showed weaker CAD feelings toward the vulnerable survivor, which in turn predicted a lower probability of favoring arrest.CONCLUSIONSReducing CAD emotions through emotion regulation supported the impact of emotions on culpability judgments and showed how emotion regulation can be used to support a victim-centered approach to fighting sex trafficking. (PsycInfo Database Record (c) 2024 APA, all rights reserved).
假设我们预测,当被拐卖的幸存者处于弱势(假设 1)或没有性工作经历(假设 2)时,参与者会支持警方不以卖淫罪逮捕她。我们预测了一个调节中介模型(假设 3),在该模型中,为减少对幸存者的蔑视、愤怒和厌恶(CAD)情绪而进行的情绪调节训练与脆弱性和曾有过性工作经历相互作用,从而使后两种操纵在成功的情绪调节条件下(即:认知再评价和认知再评估)的效果最强、方法:参与者(N = 421,54% 为女性,年龄 = 42.63 岁,75% 为白人)阅读修改过的性贩卖案例,并决定警察是否应该以卖淫罪逮捕幸存者。每位参与者被随机分配到 4(情绪调节:控制 vs. 认知再评价 vs. 动机 vs. 认知再评价加动机)×2(脆弱性:弱势背景 vs. 非弱势背景)×16 个条件中的一个。结果接受过认知重评训练的参与者(而非对照组)在阅读了关于弱势幸存者的文章后,不太可能倾向于被捕,而接受过认知重评训练的参与者(而非对照组)在阅读了关于弱势幸存者的文章后,不太可能倾向于被捕。此外,与对照组相比,那些接受过认知重估训练并被激励减少其CAD情绪的人对弱势幸存者的CAD情绪较弱,这反过来又预测了支持逮捕的可能性较低。结论通过情绪调节来减少CAD情绪支持了情绪对罪责判断的影响,并展示了如何利用情绪调节来支持以受害者为中心的打击性交易的方法。(PsycInfo Database Record (c) 2024 APA, 版权所有)。
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引用次数: 0
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Law and Human Behavior
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