Law and Human Behavior最新文献

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).

Objective: Jurors often see both premortem photographs of female murder victims before death and postmortem photographs after death. Postmortem photographs are often probative but might prejudicially heighten jurors' other-condemning emotions, such as anger and disgust. Premortem photographs are often not probative and might prejudicially heighten jurors' other-suffering emotions, such as sympathy and empathy. We examined how victim race changes the impact of pre- and postmortem photographs on participants' moral emotions and, in turn, their verdicts.

Hypotheses: We hypothesized that seeing postmortem (vs. no) photographs would increase convictions through other-condemning emotions for White, but not Latina or Black, victims. We also hypothesized that seeing both pre- and postmortem (vs. only postmortem) photographs would further increase convictions through other-suffering emotions, again for White, but not Latina or Black, female victims.

Method: White participants (N = 1,261) watched a murder trial video. We manipulated the victim's race (White, Black, or Latina) and whether participants saw no victim photographs, premortem photographs of a female victim, postmortem photographs of a female victim, or both pre- and postmortem photographs. Participants reported the emotions they felt during the trial and chose a verdict.

Results: Seeing postmortem (vs. no) victim photographs increased White participants' guilty verdicts through other-condemning emotions when the female victim was White or Latina but not when she was Black. Seeing the combination of pre- and postmortem photographs increased White participants' convictions through other-suffering emotions when the victim was a White woman but not when she was Latina or Black.

Conclusions: Attorneys and judges should consider that jurors' emotional reactions to victim photographs are felt selectively depending on the victim's race and could exacerbate racial biases in jurors' judgments. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Although reciprocity between variables is a topic of interest in the field of criminology, we cannot simply assume that all or even most criminological relationships are bidirectional without testing them empirically. The objective of the current investigation was to test whether delinquency and antisocial cognition are reciprocally or bidirectionally related.

Hypotheses: The hypotheses evaluated as part of the present study proposed that antisocial cognition would predict delinquency, delinquency would predict antisocial cognition, and bidirectional models would display significantly better fit than the unidirectional models on which they are based.

Method: Using data from the Pathways to Desistance study (1,354 serious justice-involved youths), I explored whether antisocial cognition predicts delinquency and a change in delinquency and whether delinquency predicts antisocial cognition and a change in antisocial cognition. I paired two forms of antisocial cognition-moral neutralization and cognitive impulsivity-with delinquency to predict a single future outcome with a zero-order correlation and a lagged outcome or change with a partial correlation.

Results: Findings showed that 40 out of 40 prospective zero-order correlations and 36 out of 40 prospective partial correlations achieved significance, with moderate and small effect sizes, respectively. Structural equation modeling revealed that the bidirectional models linking moral neutralization to delinquency and cognitive impulsivity to delinquency using lagged outcome measures both achieved significantly better fit than the unidimensional models on which they were based.

Conclusion: The results of this study are congruent with the conclusion that the relationship between antisocial cognition and delinquency is reciprocal and that antisocial cognition is as much a predictor of delinquency as delinquency is a predictor of antisocial cognition. Thus, both patterns need to be taken into account for the purposes of theory integration in criminology, clinical practice in forensic psychology, and policy implementation in criminal justice. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Risk assessment is essential to effective correctional practice. For individuals with contact sexual offenses, many risk tools are available. There are fewer options, however, for individuals whose sexual offending exclusively involves child sexual exploitation materials (CSEM; legally referred to in Canada and the United States as child pornography).

Hypotheses: The present study examined the predictive validity of the ACUTE-2007 and STABLE-2007 sexual recidivism risk tools among men with CSEM offenses. We expected these tools to show moderate predictive validity across study groups.

Method: We compared the scales' discrimination and calibration across three groups: (a) 1,042 men with contact sexual offenses against children (baseline comparison), (b) 228 men with exclusive CSEM offending (no contact sexual offenses), and (c) 80 men with both contact sexual offenses and CSEM offenses.

Results: We found that the ACUTE-2007 and STABLE-2007 total scores and items had comparable (and often better) discrimination for men with CSEM offending compared with contact sexual offending against children in the prediction of any sexual recidivism, violent recidivism, and any recidivism. Calibration analyses indicated that the overall sexual recidivism rates for the median ACUTE-2007 and STABLE-2007 scores were similar for men with exclusive CSEM offenses compared with men with any contact offending against children. Almost all of the sexual recidivism for the CSEM-exclusive group involved further CSEM offenses.

Conclusions: This study supports the use of these tools to rank-order men with CSEM offending in terms of their risk of reoffending and to help direct treatment and management efforts. (PsycInfo Database Record (c) 2024 APA, all rights reserved).