Law and Human Behavior最新文献

Objective: Despite documented racial disparities in all facets of the criminal justice system, recent laboratory attempts to investigate racial bias in legal settings have produced null effects or racial-bias reversals. These counterintuitive findings may be an artifact of laboratory participants' attempts to appear unprejudiced in response to social norms that proscribe expressions of racial bias against Black individuals. Furthermore, given pervasive stereotypes linking Black people with crime and heightened attention to issues of racial injustice in the legal system, laboratory participants may be especially likely to attempt to appear unprejudiced in studies examining judgments of Black individuals in legal as opposed to nonlegal contexts.

Hypotheses: We predicted that counterintuitive race effects (null and pro-Black effects) are more likely to occur in laboratory research examining race in legal than in nonlegal contexts.

Method: We conducted a quantitative review of race effects in three leading social psychology and legal psychology journals over the last four decades (Personality and Social Psychology Bulletin [PSPB]; Law and Human Behavior [LHB]; Psychology, Public Policy, and Law [PPPL]). We then conducted two experiments in which students (N = 314; Experiment 1) and Mechanical Turk workers (N = 695; Experiment 2) read descriptions of White and Black targets in either legal or nonlegal contexts and rated each target along various characteristics (e.g., dangerous, trustworthy).

Results: Our analysis of the literature indicated that counterintuitive race effects were more frequent in studies examining race in legal compared with nonlegal contexts. Our experiments likewise revealed that pro-Black race effects were stronger in legal than in nonlegal contexts.

Conclusions: Laboratory research on racial bias against Black people-especially in legal settings-may produce misleading conclusions about the effects of race on important real-world outcomes. Methodological innovations for studying racial bias are needed. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Our study examined officers' attitudes and perceptions of adolescents in general (and challenges in policing adolescents) and the degree to which community variables affect those perceptions.

Hypotheses: Our examinations of officers' descriptions of adolescents and challenges in policing adolescents were exploratory. We hypothesized that community characteristics would significantly influence officers' perceptions of adolescents, such that working in more impoverished, higher crime, and more proportionally Black communities would be associated with more negative perceptions of adolescents.

Method: Data were obtained from 1,112 active law enforcement officers representing 30 police agencies/departments across the United States. Participating officers completed a survey about adolescents and challenges in policing adolescents. Publicly available data sets were used to measure select community and police agency/departmental characteristics. We examined qualitative data using an inductive methodological approach.

Results: Police officers' descriptions of adolescents were significantly more negative than positive. Negativity was observed in the relative frequency of negative versus positive comments about adolescents as well as the use of inherently problematic descriptors. Police officers working in more impoverished, higher crime, and more proportionally Black communities displayed significantly more problematic attitudes and significantly fewer positive attitudes compared with those in less proportionally Black communities. The findings related to race were partially-but not completely-explained by other community variables.

Conclusions: Officers' negative descriptors, their occasional use of inherently problematic terms, and the intensification of those tendencies when working in communities with more poverty, higher crime, and a larger proportion of Black residents suggest an urgent need for intervention to help officers better understand youth. Training that would help police officers better understand youth, recognize developmental influences, and see each youth individually rather than as a representative of a group could help officers interact more supportively with youth, be less likely to inadvertently create confrontation, and more effectively de-escalate situations involving distressed or activated youth. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: White and non-White adolescents report different experiences in the legal system. This disparity impacts their evaluations of, and attitudes toward, legal authorities such that non-White and older adolescents tend to perceive the legal system more negatively. Yet, many researchers assume that the process of legal socialization, which involves internalizing norms and information about the law and the legal system, is universal for all ages and races.

Hypotheses: We hypothesized that legal socialization models would change over the course of adolescent development and would differ by race.

Method: We used data from two longitudinal studies to examine racial differences in the integrated legal socialization model in early, middle, and late adolescence. Study 1 included 140 young adolescents (59% White, 41% non-White), and Study 2 included 296 midadolescents (82% White, 18% non-White) followed into late adolescence/emerging adulthood.

Results: Study 1 identified differences in the integrated legal socialization model for young White and non-White adolescents. Normative status predicted rule-violating behavior for White participants, whereas no predictors or mediators related to rule-violating behavior for non-White participants. In Study 2, legal and moral reasoning during midadolescence became relevant in the model for both groups. Enforcement status predicted rule-violating behavior for non-White youth, whereas normative status continued to predict rule-violating behavior for White youth. In late adolescence/emerging adulthood, differences in the model shifted toward the relation between reasoning and legal attitudes.

Conclusions: Our findings suggest that legal socialization is a developmental process occurring and changing throughout adolescence and that this developmental process differs for White and non-White youth. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: We explored whether racial disparities in evidence-based suspicion (i.e., evidence of guilt prior to placement in a lineup) provide a better explanation of racial disparities in exonerations based on eyewitness misidentification than the own-race bias in eyewitness identifications.

Hypotheses: We predicted that the own-race bias in identification accuracy would be insufficiently large to fully explain the racial disparities in wrongful convictions in cases with mistaken identification. We also predicted that possible racial disparities in the prior probability of suspect guilt before subjecting suspects to the risk of misidentification might better explain racial disparities in wrongful convictions.

Method: We conducted a meta-analysis on 54 effect sizes extracted from 16 studies (1,503 individual participants) that tested whether there was an own-race bias in eyewitness identifications using a design that varied the race of both the witnesses and the target faces (Black vs. White). We also constructed two curves that plotted the prior probability of suspect guilt against the posterior probability of guilt: one if an identification were to be obtained for a Black suspect and one if an identification were to be obtained for a White suspect.

Results: Participants, irrespective of their race, were better able to discriminate among previously seen White than Black targets. However, the differential accuracy rates for identifications of White versus Black suspects were too small to explain racial disparities in exoneration data on their own. However, racial disparities in evidence that police have against suspects before placing them in an identification procedure would likely explain more of the variance in racial disparities in mistaken identifications that lead to wrongful convictions.

Conclusion: Memory errors caused by the own-race bias are likely not the sole or even primary cause of racial disparities in misidentifications; rather, systemic bias in the amount of evidence that police have before placing a suspect at risk of misidentification likely explains more of the variance of racial disparities in wrongful convictions based on mistaken identifications. Requirements for evidence-based suspicion before placing suspects in an identification procedure are needed to prevent systemic racism in mistaken identifications. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

By law, before interrrogating a suspect who is in custody, the police should inform them of their Miranda rights-the rights against self-incrimination and to an attorney. When a suspect or defendant waives their Miranda rights, a judge ultimately determines whether the waiver was legal. In making this determination, the judge employs the totality of the circumstances (TOC) analysis, which includes factors related to the individual defendant as well as the environment in which they waived their rights. Frequently, forensic psychologists evaluate a defendant to offer courts a clinical opinion about the defendant's ability to understand and appreciate their Miranda rights and to provide other TOC information. These evaluations are referred to as Miranda evaluations. Using Miranda evaluations as an illustration, this article describes how the critical, yet often overlooked, concepts of racial trauma and vicarious and direct prior police contacts should routinely be considered as part of forensic evaluations. After providing a succinct overview of the relevant legal issues related to Miranda rights and of the existing guidelines for conducting Miranda evaluations, we discuss the psychological impact of racial trauma and prior vicarious and direct police contacts. We provide case examples to illustrate how evaluators can consider the impact of racial trauma and prior police contact when conducting Miranda evaluations. This article serves as a practical guide for understanding how and why-in the context of their lived experiences-suspects may waive their Miranda rights. Finally, we recommend how to improve policy and research to better capture issues related to racial trauma and prior police contacts. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law-psychology, both in research and forensic-clinical practice. We discuss how a racial justice framework can provide guidance for advancing psycholegal research and forensic-clinical practice related to race, ethnicity, culture, and their intersections. A racial justice framework centers the goal of increasing fair and responsive treatment and just outcomes for the most vulnerable populations involved with the criminal justice, legal, and carceral systems and ending existing disparities. We argue that the framework should include the use of transparent nonobjectivity, in which racial justice is an explicit and acknowledged goal of research and practice that exists alongside a commitment to open and rigorous science and evidence-based practice. We then use the racial justice framework as a backdrop for discussing the articles and broader themes that appear in the special issue, which include racial biases in policing, public views of the police and use of force, expanding research on racial bias in lay judgments, understanding disparities in sentencing and corrections, and improving forensic practice. Finally, we look to the future, discussing practices and perspectives that can facilitate a racial justice approach in psycholegal research and forensic-clinical practice. Our recommendations include engaging in reflexivity and addressing positionality; expanding research questions and methods, especially qualitative and community-based participatory action research; centering and engaging with communities of color; greater emphasis on intersectionality; shifting toward structural and adaptive interventions; and greater integration of work from other fields. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Our first goal in this study was to identify cultural mistrust critical items (CMCIs) on two versions of the Minnesota Multiphasic Personality Inventory (MMPI)-the MMPI-Second Edition-Restructured Form (MMPI-2-RF) and MMPI-Third Edition (MMPI-3)-that might be endorsed by people of color because of cultural mistrust rather than clinical paranoia. Our second goal was to determine whether CMCIs and items on the MMPI-2-RF/MMPI-3 Ideas of Persecution scale (Restructured Clinical Scale 6 [RC6]) were endorsed at different rates across cultural groups in a nonclinical college sample and a forensic inpatient sample.

Hypotheses: Our primary hypothesis was that expert raters would reliably identify a subset of MMPI-2-RF and MMPI-3 items as reflective of cultural mistrust. Black college students would endorse the highest level of CMCIs, followed by Latina/o students, and then White students. We hypothesized that the same pattern of findings would occur in forensic inpatients but that the differences would be attenuated because of the high base rate of psychiatric symptomatology and the nature of the forensic assessment setting.

Method: Three Black female and three Black male psychologists rated the degree to which each item on the MMPI-2-RF and MMPI-3 reflected cultural mistrust. Black (n = 90), Latina/o (n = 83), and White (n = 100) college students were compared on CMCIs and on MMPI-2-RF/MMPI-3 RC6 item endorsement. The same comparisons were made among Black (n = 221), Latina/o (n = 142), and White (n = 483) forensic inpatients who completed the MMPI-2-RF.

Results: Black college students endorsed the highest levels of cultural mistrust, followed by Latina/o students, and then White students, resulting in small-to-medium effect sizes (Hedges's gs = 0.14-0.52). Although we observed some item-level differences in forensic patients, the overall pattern of item endorsement did not significantly differ in this group.

Conclusions: There are multiple reasons for the reporting of clinical paranoia and cultural mistrust in forensic assessment. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Intervening in the cycle of symptom exacerbation and recidivism among justice-involved veterans is critical given elevated rates of psychiatric diagnoses and mental health sequelae. To responsively and effectively address justice-involved veterans' needs, it is essential to examine distinct groups who are at heightened risk (e.g., marginalized communities). Although racial and ethnic disparities within the justice system are well established, veteran-focused research remains limited.

Hypotheses: We hypothesized that significant differences exist in service utilization, psychiatric diagnoses, and mental health sequelae among Black, Indigenous, and people of color (BIPOC) and White/non-Hispanic justice-involved veterans, for both male and female cohorts.

Method: We examined a national data set of veterans accessing U.S. Department of Veterans Affairs (VA) justice-related services (i.e., justice-involved veterans) between 2005 and 2018 (N = 183,880; nBIPOC = 73,863, nWhite = 110,017) to elucidate racial and ethnic differences across clinical characteristics documented in the VA electronic medical record. Using linear and logistic analyses, we analyzed male (n = 173,487) and female (n = 10,393) justice-involved veterans separately to capture intersectionality.

Results: In general, BIPOC justice-involved veterans were more likely than White/non-Hispanic justice-involved veterans to be diagnosed with schizophrenia and other psychotic disorders and to use homeless services, p < .001. They were less likely to be diagnosed with mood, anxiety, personality, and opioid use disorders, p < .01. Separate examinations of Black and Hispanic justice-involved veterans, compared with their White/non-Hispanic counterparts, demonstrated some divergent trends (e.g., frequency of use of Veterans Health Administration [VHA] services). Our findings also revealed nuanced sex-related differences in terms of service use and diagnoses. Descriptive characteristics for each racial and ethnic category are reported.

Conclusion: These findings provide support for race and ethnicity as a key social factor of health associated with distinct psychiatric diagnoses and mental health sequelae among justice-involved veterans. We discuss practice and policy implications, including how to adapt existing VHA programming and practices to meet the needs of BIPOC justice-involved veterans. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: We assessed the factors that legitimized the police in the United States at an important moment of history, just after the police killing of George Floyd in 2020. We also evaluated one way of incorporating perceptions of systemic racism into procedural justice theory.

Hypotheses: We tested two primary hypotheses. The first hypothesis was that perceptions of police procedural justice, distributive justice, and bounded authority were important to the legitimization of the police. The second hypothesis was that perceptions of the under- and overpolicing of Black communities also mattered to the delegitimization of the institution, especially for people who identified with the Black Lives Matter movement.

Method: A cross-sectional quota sample survey of 1,500 U.S. residents was conducted in June 2020. Data were analyzed using confirmatory factor analysis, structural equation modeling, and latent moderated structural equation modeling.

Results: People who viewed the police as legitimate also tended to believe that police treated people with respect and dignity, made decisions in unbiased ways, fairly allocated their finite resources across groups in society, and respected the limits of their rightful authority. Moreover, people who believed that Black communities were underpoliced and overpoliced also tended to question the legitimacy of the police, especially if they identified with the Black Lives Matter movement. These results held among Black and White study participants alike.

Conclusions: At the time of the study, systemic racism in policing may have delegitimized the institution in a way that transcended the factors that procedural justice theory focuses on, such as procedural justice. This was especially so for individuals who identified with a social movement, Black Lives Matter, that had an extremely high profile in 2020. (PsycInfo Database Record (c) 2023 APA, all rights reserved).