Law and Human Behavior最新文献

Objective: The presence of callous-unemotional (CU) traits in adolescence predisposes youth to negative behavioral and social outcomes and may be particularly damaging to youth involved in the justice system. Whereas research has shown that CU traits predict later arrest, it remains unknown whether rearrest predicts changes in CU traits and whether these associations may be modified by maternal relationship quality. The present study assessed whether being rearrested predicted changes in CU traits and whether these associations varied by maternal warmth and maternal hostility.

Hypotheses: We hypothesized that self-reported CU traits would increase at data collection time points following rearrest. Further, we hypothesized that maternal warmth would buffer the negative effects of rearrest, whereas maternal hostility would not have a significant moderating effect on the associations.

Method: Hypotheses were tested using a large, multisite longitudinal data set of 1,216 justice-involved male youth (Mage = 15.82 years at baseline; 47% Latino, 38% Black/African American, 15% White). Data from a series of nine interviews (across a 7-year period) were used to determine associations between rearrest at one-time point and CU traits at the subsequent time point.

Results: Rearrest is associated with a significant increase in CU traits. However, these associations are not moderated by either maternal warmth or maternal hostility.

Conclusions: Rearrest predicts increases in a known risk factor for healthy socioemotional development among justice-involved youths (CU traits). Moreover, the way rearrest is associated with CU traits does not change depending on maternal warmth; rearrest is associated with increases in CU traits irrespective of the quality of a youth's relationship with their mother. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Objective: Over the past 4 decades, discrepant research findings have emerged in the juror-confession literature, prompting the need for a systematic review and meta-analysis that assesses the effect of confession evidence (coerced or noncoerced) on conviction rates and the efficacy of trial safeguards.

Hypotheses: We did not predict any directional hypotheses. Some studies show increased convictions when a confession is present (vs. not), regardless of whether that confession was coerced; other studies demonstrate that jurors are able to discount coerced confessions. Studies have also demonstrated sensitivity effects (safeguards aided jurors in making appropriate decisions), skepticism effects (safeguards led jurors to indiscriminately disregard confession evidence), or null effects with regard to expert testimony and jury instructions.

Method: We identified 83 independent samples (N = 24,860) that met our meta-analytic inclusion criteria. Using extracted Hedges' g effect sizes, we conducted both network meta-analysis and metaregression to address key research questions.

Results: Coerced and noncoerced confessions (vs. no confession) increased convictions (network gs = 0.34 and 0.70, respectively), yet coerced (vs. noncoerced) confessions reduced convictions (network g = -0.36). When jury instructions were employed (vs. not), convictions in coerced confession cases were reduced (this difference did not emerge for noncoerced confessions; a sensitivity effect). Expert testimony, however, reduced conviction likelihood regardless of whether a confession was coerced (a skepticism effect).

Conclusion: Confession evidence is persuasive, and although jurors appear to recognize the detrimental effect of coercive interrogation methods on confession reliability, they do not fully discount unreliable confessions. Educational safeguards are therefore needed, but more research is encouraged to identify the most effective forms of jury instructions and expert testimony. One potential reform could be in the interrogation room itself, as science-based interviewing approaches could provide jurors with more reliable defendant statement evidence that assists them in reaching appropriate verdict decisions. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Objective: We examined attorneys' experiences, perceptions, and decisions regarding plea recommendations in child sexual cases.

Hypotheses: We hypothesized that characteristics of the child (age, relationship to alleged perpetrator) and the report (timing of disclosure, consistency across reports) would affect attorneys' perceptions of evidence strength, likelihood of conviction, and plea recommendations.

Method: We collected data from a national sample of actively practicing prosecutors (n = 217) and defense attorneys (n = 251) who had experience with child abuse cases. They averaged 18 years of experience practicing law, were slightly more likely to be men (53%) than women, and primarily identified as White, non-Hispanic (86%). In Part 1, attorneys answered general questions about their experiences in child sexual abuse cases. In Part 2, they reviewed materials from a hypothetical case that varied the child's age (5 years, 11 years), the child's relationship to the alleged perpetrator (familial, nonfamilial), the timing of the child's initial disclosure (1 week, 6 months), and the consistency of the child's report (inconsistent, consistent). They rated the evidence strength, estimated the likelihood of conviction, and assessed whether they would recommend that the defendant accept a plea offer or proceed to trial.

Results: In Part 1, attorneys reported that they often have access to police reports, information about the alleged perpetrator, and evidence from the child when making plea recommendations. They said that it was important to know about prior allegations against the alleged perpetrator or by the child when assessing their credibility. They reported that the length of the sentence, sex offender registration requirement, and possibility of time served guided their plea recommendations. In Part 2, the consistency of the child's report influenced their decisions the most; they rated the evidence against the defendant as stronger when the child was consistent across reports than when the child was inconsistent. Additionally, their perceptions of evidence strength drove their recommendations. When the evidence against the defendant was stronger, attorneys thought that the defendant was more likely to be convicted at trial; thus, prosecutors were less willing and defense attorneys were more willing to recommend a plea.

Conclusion: Similar to other cases, evidence strength and the perceived likelihood of conviction drive attorneys' decisions to offer or recommend a plea to a defendant in a child sexual abuse case. The consistency of the child's report plays a major role in predicting perceptions of evidence strength. Future research is needed to determine which other factors in child sexual abuse cases may also predict attorneys' perceptions and plea recommendations. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Objective: The Minnesota Multiphasic Personality Inventory (MMPI) instruments have a long history with respect to the assessment of psychopathic personality traits. The most recent version, the MMPI-3, should be in a good position to continue this tradition, and the aim of the current research was to evaluate its scales for this purpose. We examined, on the basis of previous research, how well conceptually relevant MMPI-3 scales mapped onto dominant contemporary psychopathy models: the traditional three-factor model and triarchic psychopathy model.

Hypotheses: We hypothesized that MMPI-3 markers of internalizing would be negatively correlated with boldness, whereas broad and specific markers of externalizing proclivities would be associated with disinhibition and antisociality. We also hypothesized that egocentricity and callousness would be associated with MMPI-3 scales measuring various features of externalizing, interpersonal aggression/antagonism, and grandiosity.

Method: We used archival samples of male prison inmates (n = 452), community members with externalizing proclivities (n = 205), and university students (n = 645). These participants completed the Expanded Levenson Self-Report Psychopathy Scale and the Triarchic Psychopathy Measure.

Results: Zero-order correlation analyses indicated support for many of our hypotheses across samples, with notable exceptions. Regression and dominance analyses yielded information about the most potent MMPI-3 predictors of each psychopathy domain, with consistency across the three samples. Boldness was associated with low scores on Emotional/Internalizing Dysfunction, Low Positive Emotions, Shyness, and Negative Emotionality/Neuroticism and high scores on Self-Importance and Dominance. For meanness and disinhibition, we found substantial overlap with MMPI-3 scales (e.g., Behavioral/Externalizing Dysfunction, Antisocial Behavior). Meanness was indicated by high Aggression, Cynicism, Aggressiveness, and Disaffiliativeness; disinhibition/antisociality was primarily marked by high Antisocial Behavior, Hypomanic Activation, Impulsivity, and Disconstraint; and Anger Proneness, Aggression, and Cynicism were secondary indicators.

Conclusions: These findings provide support for using the MMPI-3 in clinical assessments to corroborate other sources of information regarding psychopathy as well as generate hypotheses for further consideration. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Objective: In 2007, New York enacted the Sex Offender Management and Treatment Act, empowering the state to civilly manage individuals who have committed sexual offenses (respondents) and are deemed to have a mental abnormality (MA) that predisposes them to sexually recidivate after serving their criminal sentences. We sought to replicate and extend a previous study (Lu et al., 2015) to identify factors predicting legal decisions.

Hypotheses: We predicted, on the basis of previous research, that clinical information (e.g., diagnosis) as well as empirically supported risk factors (e.g., sexual deviance) would predict trial outcomes.

Method: We analyzed multiple pieces of demographic, criminogenic, and clinical data on three nested subsamples of respondents on the basis of the legal process: MA consent (n = 713), MA trial (n = 316), and disposition hearing (n = 643). The binary outcomes of interest were as follows: For the MA consent subsample, it was whether the respondent waived their MA trial; for the MA trial subsample, it was whether the respondent was found at trial to have an MA; and for the disposition hearing, it was whether the respondent was ordered to inpatient or outpatient civil management.

Results: The strongest predictor of waiving the trial was geographic location; respondents outside New York City and Long Island were more likely to waive their trials (ORs = 2.38-3.37). The strongest predictors of MA trial and disposition hearing outcomes were Diagnostic and Statistical Manual of Mental Disorders diagnoses; pedophilia (ORs = 4.05-7.22) and sexual sadism (ORs = 2.68-7.03) diagnoses increased the likelihood of an MA finding and confinement order.

Conclusions: Judges and juries give significant weight to clinical information, particularly pedophilia diagnoses, when making civil management legal decisions. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Objective: Interviewers often face the challenge of obtaining information from suspects who are willing to speak but are motivated to conceal incriminating information. The Shift-of-Strategy (SoS) approach is an interviewing technique designed to obtain new information from such suspects. This study provides a robust empirical test of the SoS approach using more complex crime events and longer interviews than previously tested as well as testing a new variation of the approach (SoS-Reinforcement) that included a strategic summary of the suspect's statement. We compared this new variation with a standard version of the approach (SoS-Standard) and an interviewing approach that involved no confrontation of discrepancies in the suspects' statements (Direct).

Hypotheses: We predicted that the two SoS versions would outperform the Direct condition in terms of participants' disclosure of previously unknown information. We also predicted that SoS-Reinforcement would outperform SoS-Standard. Finally, we expected that participants in the SoS conditions would not assess the interview or the interviewer more poorly than participants in Direct.

Method: A total of 300 participants completed an online mock crime procedure, and they were subsequently interviewed with one of the three interviewing techniques. Following the interview, participants provided assessments of their experiences being interviewed.

Results: Participants in both SoS-Standard (d = 0.49, 95% confidence interval [CI: 0.21, 0.78]) and SoS-Reinforcement (d = 0.59, 95% CI [0.30, 0.87]) disclosed more previously unknown information than participants in the Direct condition, but SoS-Reinforcement did not outperform SoS-Standard (d = 0.08, 95% CI [-0.20, 0.36]). Participants in SoS-Reinforcement assessed their experience more negatively than those in Direct. No such differences were observed in the remaining two-way comparisons.

Conclusions: The study provides support for the effectiveness of eliciting new information through the SoS approach and illuminates possible experiential downsides with being subjected to the SoS-Reinforcement approach. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Objective: Two experiments examined the potential for inconclusive forensic decisions to disadvantage the innocent.

Hypotheses: Both experiments tested the hypothesis that inconclusive decisions produce more incriminating legal judgments than do clearly exculpatory forensic decisions. Experiment 2 also examined whether this hypothesized effect conformed to a confirmation bias, a communication error, or perceptual accuracy.

Method: In Experiment 1 (N = 492), a forensic expert testified that physical evidence recovered from a crime scene either matched or did not match a suspect's evidence or produced an inconclusive result. In Experiment 2 (N = 1,002), a forensic expert testified that physical evidence recovered from a crime scene either matched or did not match a suspect's evidence, produced an inconclusive result, or was unsuitable for analysis. A fifth condition omitted the forensic evidence and expert testimony.

Results: The inconclusive decision produced less incriminating legal judgments than did the match forensic decision (|d|_average = 0.96), more incriminating legal judgments than did the no-match forensic decision (|d|_average = 0.62), and equivalent legal judgments to the unsuitable decision (|d|_average = 0.12) and to legal judgments made in the absence of forensic evidence (|d|_average = 0.07). These results suggest that participants interpreted the inconclusive decision to be forensically neutral, which is consistent with a communication error.

Conclusion: The findings provide preliminary support for the idea that inconclusive decisions can put the innocent at risk of wrongful conviction by depriving them of a clearly exculpatory forensic decision. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Objective: We examined whether various plea outcomes-including sentence reduction size (smaller, larger), type (traditional guilty plea, Alford plea), and frame (plea discount, trial penalty)-differentially affected innocent and guilty defendants' perceptions of the voluntariness of their guilty pleas.

Hypotheses: We hypothesized (1) guilty defendants would rate guilty pleas as more voluntary than would innocent defendants; (2) defendants would rate larger sentence reductions either as more voluntary than smaller sentence reductions because they feel more fair or as less voluntary because they feel harder to reject; (3) defendants would rate guilty pleas as more voluntary when the plea offer was framed as a discount compared with a penalty; (4) penalty framing would differentially affect defendants offered large versus small sentence reductions; and (5) Alford pleas would differentially affect guilty versus innocent defendants.

Method: Adults from Qualtrics Research Panels (N = 1,518; M_age = 59.22 years; 52% male; 83% White, non-Hispanic) played the role of a defendant in a simulated plea decision-making process. They were either innocent or guilty of the accusation. The prosecutor offered them a plea deal that varied in sentence reduction size (smaller, versus larger), type (traditional versus Alford plea), and frame (plea discount versus trial penalty). Participants then decided how to plead and rated the voluntariness of the decision-making process.

Results: Plea outcomes affected innocent and guilty defendants in slightly different ways. Innocent and guilty defendants were less likely to plead guilty when the plea offer had a smaller compared with a larger sentence reduction. However, innocent defendants were less likely to plead guilty overall, required more prompting from their defense attorney to plead guilty, and rated the plea decision-making process as less voluntary than did guilty defendants. Innocent defendants also rated the plea decision-making process as less voluntary when offered a smaller compared with larger sentence reduction and when they were offered an Alford plea compared with a traditional guilty plea. Framing the plea offer as a discount or a penalty did not affect defendants' perceptions of voluntariness.

Conclusion: Variations in plea outcomes affect defendants' perceptions of voluntariness. Moreover, at least some courts' definitions of voluntariness do not align with how laypeople-and thus, possible defendants-view the same construct. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Whereas studies have documented racial differences in attitudes toward police between White and Black Americans, relatively little is known about the intragroup, gender-based variations among urban Black residents involved in criminal activity (i.e., street-identified men and women).

Hypotheses: We hypothesized Black women would be more likely to believe in police legitimacy and positive intent than men (Hypothesis 1), especially among the younger segment of the sample (Hypothesis 2). We also expected this relationship to be moderated by contact with police (Hypothesis 3) and experiences with victimization (Hypothesis 4).

Method: Using survey data, this Street Participatory Action Research project examined the direct and interactional relationships between gender, age, involuntary police contact, personal victimization, and participants' perceptions of police legitimacy and positive intent. Participants included 515 street-identified Black men (40.4%; n = 208) and women (59.6%; n = 307), ages 18-35 years, from two high-crime neighborhoods in Wilmington, Delaware.

Results: Women had significantly higher perceptions of police legitimacy than did men (Hypothesis 1). While older participants tended to have lower perceptions that the police behave with positive intent, age did not moderate the relationship between gender and perceptions of police (Hypothesis 2). The relationship between gender and perceptions of positive police intent was moderated by involuntary police contact (Hypothesis 3) and experiences of victimization (Hypothesis 4).

Conclusions: Contrary to existing literature, prior involuntary police contact mattered more for street-identified Black women than men in predicting perceptions of police. Experiences of victimization were also more impactful for these perceptions for street-identified Black women than men. Men's perceptions of positive police intent were consistent, regardless of the frequency of police contact, whereas women's favorable perceptions declined with more police contact and victimization experiences, and they eventually became more critical of the police than their male counterparts. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: It is widely assumed that universal mandatory reporting policies (MRPs) for sexual misconduct are important for campus safety, but there is little evidence to support these assumptions.

Hypotheses: Given the exploratory nature of this research, no formal hypotheses were tested. We did not expect universal MRPs to be significantly associated with increased reporting or postreporting outcomes.

Method: Data on MRPs and sexual misconduct reporting in annual security reports and to Title IX coordinators at institutions of higher education in New York (N = 188) were used to examine the prevalence of universal MRPs as well as the relationship between MRPs and reporting and postreporting outcomes.

Results: Descriptives showed that 44% of institutions of higher education have a universal MRP. Multivariate linear regression models indicated that universal MRPs were not significantly related to reporting in annual security reports; reports to Title IX coordinators, campus police, campus safety or security officers; or rates of referrals to additional services, no-contact orders, access to the judicial conduct process for sexual misconduct, or findings of student responsibility for sexual misconduct.

Conclusions: Our findings raise concerns about the widespread implementation of MRPs and highlight the need for future research on their impact on student-survivor reporting and access to remedies and resources. (PsycInfo Database Record (c) 2023 APA, all rights reserved).