Law and Human Behavior's inaugural issue of 2025 begins with the publication of an official Scientific Review Paper (SRP) of the American Psychology-Law Society (AP-LS; Division 41 of the American Psychological Association). The article, "Police-Induced Confessions, 2.0: Risk Factors and Recommendations" (Kassin et al., 2025), was approved by a unanimous vote of the eligible AP-LS Executive Committee members in November 2024, and it represents the fourth such SRP that AP-LS has approved since it was founded in 1969-one on eyewitness identifications (Wells et al., 1998) and its update (Wells et al., 2020), and the initial SRP on police-induced confessions (Kassin et al., 2010). We are grateful to the authors of this exceptional piece, led by Saul Kassin, for bringing together decades of research, theory, and law to provide a nuanced understanding of this complex topic in an accessible manner for academics and practitioners around the world. In this brief Introduction, we, as the chair of the SRP Committee (Malloy) and the associate editor who handled the article for Law and Human Behavior (Perillo), describe the extensive efforts to develop, vet, and approve this article as an official SRP of AP-LS. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
《法律与人类行为》2025年的创刊号以美国心理法律学会(AP-LS;美国心理学会第41分会)。文章“警察诱导供词2.0:风险因素和建议”(Kassin et al., 2025)于2024年11月由AP-LS执行委员会成员一致投票通过,这是AP-LS自1969年成立以来批准的第四份此类SRP——一份关于目击者指认(Wells et al., 1998)及其更新(Wells et al., 2020),以及关于警察诱导供词的初始SRP (Kassin et al., 2010)。我们感谢索尔·卡辛(Saul Kassin)领导的这篇杰出文章的作者,他们汇集了数十年的研究、理论和法律,以一种易于理解的方式为世界各地的学者和从业者提供了对这一复杂主题的细致理解。在这篇简短的引言中,我们作为SRP委员会的主席(Malloy)和处理《法律与人类行为》这篇文章的副编辑(Perillo),描述了为开发、审查和批准这篇文章成为AP-LS的官方SRP所做的广泛努力。(PsycInfo Database Record (c) 2025 APA,版权所有)。
{"title":"The American Psychology-Law Society scientific review paper on police-induced confessions (2.0).","authors":"Lindsay C Malloy, Jennifer T Perillo","doi":"10.1037/lhb0000601","DOIUrl":"10.1037/lhb0000601","url":null,"abstract":"<p><p><i>Law and Human Behavior's</i> inaugural issue of 2025 begins with the publication of an official Scientific Review Paper (SRP) of the American Psychology-Law Society (AP-LS; Division 41 of the American Psychological Association). The article, \"Police-Induced Confessions, 2.0: Risk Factors and Recommendations\" (Kassin et al., 2025), was approved by a unanimous vote of the eligible AP-LS Executive Committee members in November 2024, and it represents the fourth such SRP that AP-LS has approved since it was founded in 1969-one on eyewitness identifications (Wells et al., 1998) and its update (Wells et al., 2020), and the initial SRP on police-induced confessions (Kassin et al., 2010). We are grateful to the authors of this exceptional piece, led by Saul Kassin, for bringing together decades of research, theory, and law to provide a nuanced understanding of this complex topic in an accessible manner for academics and practitioners around the world. In this brief Introduction, we, as the chair of the SRP Committee (Malloy) and the associate editor who handled the article for <i>Law and Human Behavior</i> (Perillo), describe the extensive efforts to develop, vet, and approve this article as an official SRP of AP-LS. (PsycInfo Database Record (c) 2025 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"49 1","pages":"5-6"},"PeriodicalIF":3.2,"publicationDate":"2025-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143671510","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}
David DeMatteo, Jennifer Cox, Jennifer Perillo, Amanda Bergold, Christopher M King, Liana C Peter-Hagene, Diane Sivasubramaniam
We are grateful to prior Editorial Teams for being such outstanding stewards of Law and Human Behavior, and we are committed to maintaining the journal's high standards. We also appreciate the many contributions of the Editorial Board, ad hoc reviewers, Student Editorial Board reviewers, and participants in the Reviewer Mentoring Program for contributing their time and expertise to this journal. It takes the collective efforts of many people, including the American Psychology-Law Society Executive Committee and the publication staff at the American Psychological Association, for this journal to run efficiently and publish outstanding scholarship. We are excited to work on our initiatives, and we welcome any feedback or questions. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
{"title":"Law and Human Behavior: Status update and new initiatives.","authors":"David DeMatteo, Jennifer Cox, Jennifer Perillo, Amanda Bergold, Christopher M King, Liana C Peter-Hagene, Diane Sivasubramaniam","doi":"10.1037/lhb0000603","DOIUrl":"10.1037/lhb0000603","url":null,"abstract":"<p><p>We are grateful to prior Editorial Teams for being such outstanding stewards of <i>Law and Human Behavior</i>, and we are committed to maintaining the journal's high standards. We also appreciate the many contributions of the Editorial Board, ad hoc reviewers, Student Editorial Board reviewers, and participants in the Reviewer Mentoring Program for contributing their time and expertise to this journal. It takes the collective efforts of many people, including the American Psychology-Law Society Executive Committee and the publication staff at the American Psychological Association, for this journal to run efficiently and publish outstanding scholarship. We are excited to work on our initiatives, and we welcome any feedback or questions. (PsycInfo Database Record (c) 2025 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"49 1","pages":"1-4"},"PeriodicalIF":3.2,"publicationDate":"2025-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143671505","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}
Pub Date : 2025-02-01Epub Date: 2025-02-10DOI: 10.1037/lhb0000593
Saul M Kassin, Hayley M D Cleary, Gisli H Gudjonsson, Richard A Leo, Christian A Meissner, Allison D Redlich, Kyle C Scherr
Wrongful conviction databases have shed light on the fact that innocent people can be induced to confess to crimes they did not commit. Drawing on police practices, core principles of psychology, and forensic studies involving multiple methodologies, this article updates the original Scientific Review Paper (Kassin et al., 2010) on the causes, consequences, and remedies for police-induced false confessions. First, we describe the situational and personal risk factors that lead innocent people to confess and the collateral consequences that follow-including the corruptive effects of confession on other evidence, the increased likelihood of conviction at trial, the increased tendency to plead guilty despite innocence, the stigma that shadows false confessors even after exoneration, and the failure of Miranda to serve as a safeguard. Next, we propose the following remedies: (1) mandate the video recording of all suspect interviews and interrogations in their entirety and from a neutral camera angle; (2) require that police have an evidence-based suspicion as a predicate for commencing interrogation; (3) impose limits on confrontational interrogations, namely with regard to detention time, presentations of false evidence, and minimization themes that imply leniency; (4) adopt a science-based model of investigative interviewing; (5) protect youthful suspects and vulnerable adults by mandating the presence of defense attorneys during interrogation, and a suitable appropriate adult where required; (6) shield lay witnesses and forensic examiners from confessions to ensure the independence of their judgments; and (7) abolish contributory clauses from compensation statutes that penalize innocent persons who were induced to confess and/or plead guilty. These recommendations should help to prevent confession-based wrongful convictions and improve the administration of justice for all concerned. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
错误定罪数据库揭示了一个事实,即无辜的人可以被诱使承认他们没有犯下的罪行。借鉴警察实践、心理学核心原则和涉及多种方法的法医研究,本文更新了最初的科学评论论文(Kassin et al., 2010),内容涉及警察诱导的虚假供词的原因、后果和补救措施。首先,我们描述了导致无辜者招供的情境和个人风险因素,以及随之而来的附带后果——包括招供对其他证据的腐蚀作用,审判中定罪的可能性增加,尽管无罪但认罪的趋势增加,即使在无罪后也会对虚假供词产生阴影的耻辱,以及米兰达未能起到保护作用。接下来,我们提出以下补救措施:(1)要求对所有嫌疑人的采访和审讯进行全程录像,并从中立的摄像角度进行录像;(二)要求警察有证据确凿的怀疑作为开始讯问的前提;(3)限制对抗性审讯,即限制拘留时间、提供虚假证据和尽量减少暗示宽大处理的主题;(4)采用基于科学的调查访谈模式;(五)保护未成年犯罪嫌疑人和易受伤害的成年人,在讯问时安排辩护律师在场,必要时安排适当的成年人在场;(六)对非专业证人、鉴定人的口供予以保护,保证其判断的独立性;(7)废除赔偿法规中惩罚被诱使认罪和/或认罪的无辜者的辅助条款。这些建议应有助于防止基于供词的错误定罪,并改善对所有有关方面的司法管理。(PsycInfo Database Record (c) 2025 APA,版权所有)。
{"title":"Police-induced confessions, 2.0: Risk factors and recommendations.","authors":"Saul M Kassin, Hayley M D Cleary, Gisli H Gudjonsson, Richard A Leo, Christian A Meissner, Allison D Redlich, Kyle C Scherr","doi":"10.1037/lhb0000593","DOIUrl":"10.1037/lhb0000593","url":null,"abstract":"<p><p>Wrongful conviction databases have shed light on the fact that innocent people can be induced to confess to crimes they did not commit. Drawing on police practices, core principles of psychology, and forensic studies involving multiple methodologies, this article updates the original Scientific Review Paper (Kassin et al., 2010) on the causes, consequences, and remedies for police-induced false confessions. First, we describe the situational and personal risk factors that lead innocent people to confess and the collateral consequences that follow-including the corruptive effects of confession on other evidence, the increased likelihood of conviction at trial, the increased tendency to plead guilty despite innocence, the stigma that shadows false confessors even after exoneration, and the failure of Miranda to serve as a safeguard. Next, we propose the following remedies: (1) mandate the video recording of all suspect interviews and interrogations in their entirety and from a neutral camera angle; (2) require that police have an evidence-based suspicion as a predicate for commencing interrogation; (3) impose limits on confrontational interrogations, namely with regard to detention time, presentations of false evidence, and minimization themes that imply leniency; (4) adopt a science-based model of investigative interviewing; (5) protect youthful suspects and vulnerable adults by mandating the presence of defense attorneys during interrogation, and a suitable appropriate adult where required; (6) shield lay witnesses and forensic examiners from confessions to ensure the independence of their judgments; and (7) abolish contributory clauses from compensation statutes that penalize innocent persons who were induced to confess and/or plead guilty. These recommendations should help to prevent confession-based wrongful convictions and improve the administration of justice for all concerned. (PsycInfo Database Record (c) 2025 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":"7-53"},"PeriodicalIF":3.2,"publicationDate":"2025-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143392285","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}
Melanie B Fessinger,Bradley D McAuliff,Anthony D Perillo
OBJECTIVEWe conducted a survey to catalog the state of open science in the field of psychology and law. We addressed four major questions: (a) How do psycholegal researchers define open science? (b) How do psycholegal researchers perceive open science? (c) How often do psycholegal researchers use various open science practices? and (d) What barriers, if any, do psycholegal researchers face or expect to face when implementing open science practices?HYPOTHESESWe did not make specific hypotheses given the exploratory and descriptive nature of the study.METHODWe surveyed 740 psychology and law researchers (45% faculty, 64% doctoral degree, 66% women, and 85% White/non-Hispanic) about their perceptions of and experiences with open science using a mixed-methods design. They defined open science in their own words, described their opinion of the movement, indicated their experiences with any open science practices in their own work (i.e., preregistration, registered reports, open materials, open data, preprints, open access, and open peer review), and identified any barriers or concerns they faced in implementing open science practices.RESULTSA majority of respondents had wholly positive (60%) or mostly positive (28%) perceptions of open science. Most respondents (58%) had participated in at least one open science practice; however, fewer than half (44%) had an account on the Open Science Framework or similar repository. The most common barriers mentioned about implementing open science practices were concerns about specific practices (42%), lacking knowledge (24%), and requiring more time, effort, or resources (16%).CONCLUSIONSLike those in other disciplines, psychology and law researchers hold generally positive perceptions of open science that do not completely align with their reported use of specific practices. Overcoming perceived barriers to open science will require education, resources, open discourse, and collaborative problem solving. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
目的对心理学和法学领域开放科学现状进行调查。我们讨论了四个主要问题:(a)心理心理学研究者如何定义开放科学?(b)心理研究人员如何看待开放科学?(c)心理法学研究人员多久使用一次各种开放科学实践?(d)心理法学研究者在实施开放科学实践时面临或预期面临哪些障碍(如果有的话)?假设考虑到研究的探索性和描述性,我们没有做出具体的假设。方法采用混合方法设计,调查了740名心理学和法学研究人员(45%为教师,64%为博士学位,66%为女性,85%为白人/非西班牙裔)对开放科学的看法和经验。他们用自己的话定义了开放科学,描述了他们对这一运动的看法,表明了他们在自己的工作中使用任何开放科学实践的经验(即,预注册、注册报告、开放材料、开放数据、预印本、开放获取和开放同行评审),并确定了他们在实施开放科学实践时面临的任何障碍或担忧。结果大多数受访者对开放科学持完全肯定(60%)或大部分肯定(28%)的看法。大多数受访者(58%)至少参加过一次开放科学实践;然而,只有不到一半(44%)的人拥有开放科学框架或类似存储库的帐户。关于实施开放科学实践最常见的障碍是对具体实践的关注(42%),缺乏知识(24%),以及需要更多的时间、精力或资源(16%)。与其他学科的研究人员一样,心理学和法学研究人员对开放科学持普遍积极的看法,但这种看法与他们报告的具体实践并不完全一致。克服开放科学的障碍需要教育、资源、开放话语和协作解决问题。(PsycInfo Database Record (c) 2025 APA,版权所有)。
{"title":"The state of open science in the field of psychology and law.","authors":"Melanie B Fessinger,Bradley D McAuliff,Anthony D Perillo","doi":"10.1037/lhb0000592","DOIUrl":"https://doi.org/10.1037/lhb0000592","url":null,"abstract":"OBJECTIVEWe conducted a survey to catalog the state of open science in the field of psychology and law. We addressed four major questions: (a) How do psycholegal researchers define open science? (b) How do psycholegal researchers perceive open science? (c) How often do psycholegal researchers use various open science practices? and (d) What barriers, if any, do psycholegal researchers face or expect to face when implementing open science practices?HYPOTHESESWe did not make specific hypotheses given the exploratory and descriptive nature of the study.METHODWe surveyed 740 psychology and law researchers (45% faculty, 64% doctoral degree, 66% women, and 85% White/non-Hispanic) about their perceptions of and experiences with open science using a mixed-methods design. They defined open science in their own words, described their opinion of the movement, indicated their experiences with any open science practices in their own work (i.e., preregistration, registered reports, open materials, open data, preprints, open access, and open peer review), and identified any barriers or concerns they faced in implementing open science practices.RESULTSA majority of respondents had wholly positive (60%) or mostly positive (28%) perceptions of open science. Most respondents (58%) had participated in at least one open science practice; however, fewer than half (44%) had an account on the Open Science Framework or similar repository. The most common barriers mentioned about implementing open science practices were concerns about specific practices (42%), lacking knowledge (24%), and requiring more time, effort, or resources (16%).CONCLUSIONSLike those in other disciplines, psychology and law researchers hold generally positive perceptions of open science that do not completely align with their reported use of specific practices. Overcoming perceived barriers to open science will require education, resources, open discourse, and collaborative problem solving. (PsycInfo Database Record (c) 2025 APA, all rights reserved).","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"15 1","pages":""},"PeriodicalIF":2.5,"publicationDate":"2025-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142991719","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}
Mary Catlin,Talley Bettens,Allison D Redlich,Kyle C Scherr
OBJECTIVESome exonerees receive compensation and aid after being exonerated of their wrongful convictions, and some do not. Looking beyond differences in state statutes, we examined possible reasons for biases in receiving compensation (via statutes or civil claims) and other reintegration services. More specifically, we examined how two unique types of false admission of guilt (i.e., false confessions and false guilty pleas) could be associated with biased outcomes in compensation procurement and reintegration outcomes.HYPOTHESESAlthough we did not have formal hypotheses for this qualitative study, based on the cumulative disadvantage framework (Scherr, Redlich, & Kassin, 2020), we anticipated that both types of false admission of guilt would negatively bias exonerees' experience post-exoneration. More specifically, we expected that exonerees whose cases involved at least one type of false admission of guilt would have a more difficult time obtaining compensation and would experience more negative post-exoneration outcomes, compared with exonerees in general.METHODWe conducted in-depth interviews with three samples: (a) exonerees (n = 19), (b) attorneys who had assisted exonerees with post-exoneration compensation claims (n = 15), and (c) innocence advocates who had worked with exonerees (n = 9).RESULTSAcross all samples, interviewees indicated that both forms of false admission of guilt are associated with biases that may influence exonerees' compensation and reintegration efforts. Specifically, interviews revealed that (a) false admissions are associated with disadvantages to exonerees' compensation and reintegration efforts, as predicted by the cumulative disadvantage framework; (b) under specific circumstances, false admissions are associated with advantages benefiting compensation attempts; and (c) false admissions can be nonapplicable (i.e., irrelevant) to reintegration efforts.CONCLUSIONSTogether, our findings provide a more nuanced understanding of the role false confessions and false guilty pleas may play post-exoneration. This understanding, derived from those individuals directly involved in the compensation and reintegration processes, is an important step in beginning to right the injustices experienced by those wrongfully convicted. (PsycInfo Database Record (c) 2024 APA, all rights reserved).
{"title":"Lived experiences of bias in compensation and reintegration associated with false admissions of guilt.","authors":"Mary Catlin,Talley Bettens,Allison D Redlich,Kyle C Scherr","doi":"10.1037/lhb0000588","DOIUrl":"https://doi.org/10.1037/lhb0000588","url":null,"abstract":"OBJECTIVESome exonerees receive compensation and aid after being exonerated of their wrongful convictions, and some do not. Looking beyond differences in state statutes, we examined possible reasons for biases in receiving compensation (via statutes or civil claims) and other reintegration services. More specifically, we examined how two unique types of false admission of guilt (i.e., false confessions and false guilty pleas) could be associated with biased outcomes in compensation procurement and reintegration outcomes.HYPOTHESESAlthough we did not have formal hypotheses for this qualitative study, based on the cumulative disadvantage framework (Scherr, Redlich, & Kassin, 2020), we anticipated that both types of false admission of guilt would negatively bias exonerees' experience post-exoneration. More specifically, we expected that exonerees whose cases involved at least one type of false admission of guilt would have a more difficult time obtaining compensation and would experience more negative post-exoneration outcomes, compared with exonerees in general.METHODWe conducted in-depth interviews with three samples: (a) exonerees (n = 19), (b) attorneys who had assisted exonerees with post-exoneration compensation claims (n = 15), and (c) innocence advocates who had worked with exonerees (n = 9).RESULTSAcross all samples, interviewees indicated that both forms of false admission of guilt are associated with biases that may influence exonerees' compensation and reintegration efforts. Specifically, interviews revealed that (a) false admissions are associated with disadvantages to exonerees' compensation and reintegration efforts, as predicted by the cumulative disadvantage framework; (b) under specific circumstances, false admissions are associated with advantages benefiting compensation attempts; and (c) false admissions can be nonapplicable (i.e., irrelevant) to reintegration efforts.CONCLUSIONSTogether, our findings provide a more nuanced understanding of the role false confessions and false guilty pleas may play post-exoneration. This understanding, derived from those individuals directly involved in the compensation and reintegration processes, is an important step in beginning to right the injustices experienced by those wrongfully convicted. (PsycInfo Database Record (c) 2024 APA, all rights reserved).","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"13 1","pages":""},"PeriodicalIF":2.5,"publicationDate":"2024-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142490930","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}
Jonathan R Cohn,Rachael T Perrault,David C Cicero,Gina M Vincent
OBJECTIVEIdentification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method for assessing one form of bias. Measurement invariance involves determining whether risk items in an instrument appear to be functioning the same between racial or other groups. Thus, the present study examined measurement invariance of the Structured Assessment of Violence Risk in Youth (SAVRY) between non-Latino Black and White youths to examine racial bias.HYPOTHESESWe expected the SAVRY to be invariant (lacking measurement bias) between Black and White youths.METHODThe sample included 687 Black and 361 White youths, and the study used a large, multistate data set of SAVRYs conducted by probation officers. We conducted measurement invariance testing in a series of hierarchical steps including testing configural and scalar invariance.RESULTSThe SAVRY demonstrated scalar invariance (equal thresholds for ratings from "low" to "moderate" and "moderate" to "high") for all items except one-community disorganization.CONCLUSIONSThe findings lend further credibility to the SAVRY, and the structured professional judgment approach, as a method to assess violence risk and case planning needs among youths involved in the legal system. These findings provide more confidence that significant differences in SAVRY risk level or items between Black and White youths are not based in measurement bias, with the exception of the community disorganization item. Potential fixes discussed include eliminating or deemphasizing this item in final risk level ratings. (PsycInfo Database Record (c) 2024 APA, all rights reserved).
{"title":"The structured assessment of violence risk in youth demonstrates measurement invariance between Black and White justice-referred youths.","authors":"Jonathan R Cohn,Rachael T Perrault,David C Cicero,Gina M Vincent","doi":"10.1037/lhb0000586","DOIUrl":"https://doi.org/10.1037/lhb0000586","url":null,"abstract":"OBJECTIVEIdentification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method for assessing one form of bias. Measurement invariance involves determining whether risk items in an instrument appear to be functioning the same between racial or other groups. Thus, the present study examined measurement invariance of the Structured Assessment of Violence Risk in Youth (SAVRY) between non-Latino Black and White youths to examine racial bias.HYPOTHESESWe expected the SAVRY to be invariant (lacking measurement bias) between Black and White youths.METHODThe sample included 687 Black and 361 White youths, and the study used a large, multistate data set of SAVRYs conducted by probation officers. We conducted measurement invariance testing in a series of hierarchical steps including testing configural and scalar invariance.RESULTSThe SAVRY demonstrated scalar invariance (equal thresholds for ratings from \"low\" to \"moderate\" and \"moderate\" to \"high\") for all items except one-community disorganization.CONCLUSIONSThe findings lend further credibility to the SAVRY, and the structured professional judgment approach, as a method to assess violence risk and case planning needs among youths involved in the legal system. These findings provide more confidence that significant differences in SAVRY risk level or items between Black and White youths are not based in measurement bias, with the exception of the community disorganization item. Potential fixes discussed include eliminating or deemphasizing this item in final risk level ratings. (PsycInfo Database Record (c) 2024 APA, all rights reserved).","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"3 1","pages":""},"PeriodicalIF":2.5,"publicationDate":"2024-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142486262","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}
Pub Date : 2024-10-01Epub Date: 2024-09-23DOI: 10.1037/lhb0000576
Madeleine Millar, Colleen M Berryessa, Cynthia Willis-Esqueda, Jason A Cantone, Deborah Goldfarb, Melissa de Vel-Palumbo, Anthony D Perillo, Terrill O Taylor, Laurie T Becker
Objective: Existing literature has yet to conceptualize and consolidate research on psychological essentialism and its relation to the criminal legal system, particularly in terms of explaining how individuals with justice involvement have been and could be differentially impacted across contexts. This article explores essentialism in the criminal legal system, including its potential consequences for inequity.
Method: We review research on essentialism as a psychological construct, its common applications to different social categorizations, and its trickle-down effects within the criminal legal system.
Results: Empirical work suggests that biases stemming from essentialism have the potential to severely affect individuals within the criminal legal system. Beyond assigning immutable properties across social groups, essentialism can give rise to biased attributions of responsibility and blame and affect decisions and behavior within three core domains of the criminal legal system: jury decision making, sentencing decisions, and public support for punitive policies.
Conclusions: We propose future policy recommendations to mitigate the adverse effects of essentialism in the criminal legal system, focusing especially on how using and adopting person-first language (focusing on people before characteristics) across society and policy can help to combat bias across criminal legal domains. Future research is needed on how to best address the adverse effects of essentialism and its biasing effects in the criminal legal system, as well as to examine the effects of essentialism in different legal contexts. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
目的:现有文献尚未对心理本质主义及其与刑事法律体系的关系进行概念化和整合研究,尤其是在解释司法参与个体在不同环境下如何受到和可能受到不同影响方面。本文探讨了刑事法律体系中的本质主义,包括其对不公平的潜在后果:我们回顾了本质主义作为一种心理结构的研究、其在不同社会分类中的常见应用,以及其在刑事法律体系中的涓滴效应:实证研究表明,本质主义产生的偏见有可能严重影响刑事法律体系中的个人。除了在不同社会群体之间分配不可改变的属性之外,本质主义还可能导致有偏见的责任和指责归因,并影响刑事法律体系三个核心领域内的决策和行为:陪审团决策、量刑决策以及公众对惩罚性政策的支持:我们提出了未来的政策建议,以减轻本质主义在刑事法律体系中的不利影响,尤其关注如何在整个社会和政策中使用和采用以人为本的语言(先关注人,后关注特征)来帮助消除刑事法律领域中的偏见。未来需要研究如何最有效地解决本质主义的负面影响及其在刑事法律体系中的偏见效应,并研究本质主义在不同法律环境中的影响。(PsycInfo Database Record (c) 2024 APA, all rights reserved)。
{"title":"Essentialism and the criminal legal system.","authors":"Madeleine Millar, Colleen M Berryessa, Cynthia Willis-Esqueda, Jason A Cantone, Deborah Goldfarb, Melissa de Vel-Palumbo, Anthony D Perillo, Terrill O Taylor, Laurie T Becker","doi":"10.1037/lhb0000576","DOIUrl":"10.1037/lhb0000576","url":null,"abstract":"<p><strong>Objective: </strong>Existing literature has yet to conceptualize and consolidate research on psychological essentialism and its relation to the criminal legal system, particularly in terms of explaining how individuals with justice involvement have been and could be differentially impacted across contexts. This article explores essentialism in the criminal legal system, including its potential consequences for inequity.</p><p><strong>Method: </strong>We review research on essentialism as a psychological construct, its common applications to different social categorizations, and its trickle-down effects within the criminal legal system.</p><p><strong>Results: </strong>Empirical work suggests that biases stemming from essentialism have the potential to severely affect individuals within the criminal legal system. Beyond assigning immutable properties across social groups, essentialism can give rise to biased attributions of responsibility and blame and affect decisions and behavior within three core domains of the criminal legal system: jury decision making, sentencing decisions, and public support for punitive policies.</p><p><strong>Conclusions: </strong>We propose future policy recommendations to mitigate the adverse effects of essentialism in the criminal legal system, focusing especially on how using and adopting person-first language (focusing on people before characteristics) across society and policy can help to combat bias across criminal legal domains. Future research is needed on how to best address the adverse effects of essentialism and its biasing effects in the criminal legal system, as well as to examine the effects of essentialism in different legal contexts. (PsycInfo Database Record (c) 2025 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":"597-612"},"PeriodicalIF":3.2,"publicationDate":"2024-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142298882","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}
Pub Date : 2024-10-01Epub Date: 2024-10-21DOI: 10.1037/lhb0000586
Jonathan R Cohn, Rachael T Perrault, David C Cicero, Gina M Vincent
Objective: Identification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method for assessing one form of bias. Measurement invariance involves determining whether risk items in an instrument appear to be functioning the same between racial or other groups. Thus, the present study examined measurement invariance of the Structured Assessment of Violence Risk in Youth (SAVRY) between non-Latino Black and White youths to examine racial bias.
Hypotheses: We expected the SAVRY to be invariant (lacking measurement bias) between Black and White youths.
Method: The sample included 687 Black and 361 White youths, and the study used a large, multistate data set of SAVRYs conducted by probation officers. We conducted measurement invariance testing in a series of hierarchical steps including testing configural and scalar invariance.
Results: The SAVRY demonstrated scalar invariance (equal thresholds for ratings from "low" to "moderate" and "moderate" to "high") for all items except one-community disorganization.
Conclusions: The findings lend further credibility to the SAVRY, and the structured professional judgment approach, as a method to assess violence risk and case planning needs among youths involved in the legal system. These findings provide more confidence that significant differences in SAVRY risk level or items between Black and White youths are not based in measurement bias, with the exception of the community disorganization item. Potential fixes discussed include eliminating or deemphasizing this item in final risk level ratings. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
{"title":"The structured assessment of violence risk in youth demonstrates measurement invariance between Black and White justice-referred youths.","authors":"Jonathan R Cohn, Rachael T Perrault, David C Cicero, Gina M Vincent","doi":"10.1037/lhb0000586","DOIUrl":"10.1037/lhb0000586","url":null,"abstract":"<p><strong>Objective: </strong>Identification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method for assessing one form of bias. Measurement invariance involves determining whether risk items in an instrument appear to be functioning the same between racial or other groups. Thus, the present study examined measurement invariance of the Structured Assessment of Violence Risk in Youth (SAVRY) between non-Latino Black and White youths to examine racial bias.</p><p><strong>Hypotheses: </strong>We expected the SAVRY to be invariant (lacking measurement bias) between Black and White youths.</p><p><strong>Method: </strong>The sample included 687 Black and 361 White youths, and the study used a large, multistate data set of SAVRYs conducted by probation officers. We conducted measurement invariance testing in a series of hierarchical steps including testing configural and scalar invariance.</p><p><strong>Results: </strong>The SAVRY demonstrated scalar invariance (equal thresholds for ratings from \"low\" to \"moderate\" and \"moderate\" to \"high\") for all items except one-community disorganization.</p><p><strong>Conclusions: </strong>The findings lend further credibility to the SAVRY, and the structured professional judgment approach, as a method to assess violence risk and case planning needs among youths involved in the legal system. These findings provide more confidence that significant differences in SAVRY risk level or items between Black and White youths are not based in measurement bias, with the exception of the community disorganization item. Potential fixes discussed include eliminating or deemphasizing this item in final risk level ratings. (PsycInfo Database Record (c) 2025 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":"415-426"},"PeriodicalIF":3.2,"publicationDate":"2024-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142477953","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}
Pub Date : 2024-10-01Epub Date: 2024-08-12DOI: 10.1037/lhb0000568
Robert E Worden, Cynthia J Najdowski, Sarah J McLean, Kenan M Worden, Nicholas Corsaro, Hannah Cochran, Robin S Engel
Objective: The purpose of this study was to estimate the behavioral impacts of training police officers in implicit bias awareness and management.
Hypotheses: Training police in implicit bias reduces racial and ethnic disparities in stops, arrests, summonses, frisks, searches, and/or use of force.
Method: A cluster randomized controlled trial using the stepped wedge design was applied to 14,471 officers in the New York City Police Department, with a 1-day training delivered to clusters of police commands between May 2018 and April 2019 and outcomes measured with police records of individual events from April 2018 to May 2019. Police records were supplemented with survey data on 1,973 officers matched to administrative data. For each type of enforcement action, the likelihood that the action involved or was taken against Black or Hispanic suspects, respectively, relative to White suspects was estimated, controlling for potential confounders. Additional analysis allowed for estimating training effects of different magnitudes for Black, Hispanic, and White officers and for officers with greater motivation to act without prejudice or greater concern about discrimination.
Results: None of the estimated training effects achieved statistical significance at the .05 level.
Conclusions: Isolated and weak evidence of behavioral impacts of the training was detected. Several explanations for the null findings are considered. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
{"title":"Implicit bias training for police: Evaluating impacts on enforcement disparities.","authors":"Robert E Worden, Cynthia J Najdowski, Sarah J McLean, Kenan M Worden, Nicholas Corsaro, Hannah Cochran, Robin S Engel","doi":"10.1037/lhb0000568","DOIUrl":"10.1037/lhb0000568","url":null,"abstract":"<p><strong>Objective: </strong>The purpose of this study was to estimate the behavioral impacts of training police officers in implicit bias awareness and management.</p><p><strong>Hypotheses: </strong>Training police in implicit bias reduces racial and ethnic disparities in stops, arrests, summonses, frisks, searches, and/or use of force.</p><p><strong>Method: </strong>A cluster randomized controlled trial using the stepped wedge design was applied to 14,471 officers in the New York City Police Department, with a 1-day training delivered to clusters of police commands between May 2018 and April 2019 and outcomes measured with police records of individual events from April 2018 to May 2019. Police records were supplemented with survey data on 1,973 officers matched to administrative data. For each type of enforcement action, the likelihood that the action involved or was taken against Black or Hispanic suspects, respectively, relative to White suspects was estimated, controlling for potential confounders. Additional analysis allowed for estimating training effects of different magnitudes for Black, Hispanic, and White officers and for officers with greater motivation to act without prejudice or greater concern about discrimination.</p><p><strong>Results: </strong>None of the estimated training effects achieved statistical significance at the .05 level.</p><p><strong>Conclusions: </strong>Isolated and weak evidence of behavioral impacts of the training was detected. Several explanations for the null findings are considered. (PsycInfo Database Record (c) 2025 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":"338-355"},"PeriodicalIF":3.2,"publicationDate":"2024-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141972110","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}
Pub Date : 2024-10-01Epub Date: 2024-08-12DOI: 10.1037/lhb0000561
Marcus T Boccaccini, Daniel C Murrie, Paige B Harris
Objective: Field research increasingly reveals that forensic evaluators are not interchangeable. Instead, they tend to differ in their patterns of forensic opinions, in ways that likely reflect something about themselves, not just the persons evaluated. This study used data from sexually violent predator (SVP) evaluations to examine whether evaluator differences in making intermediate decisions (e.g., instrument scoring, assigning diagnoses) might explain their different patterns of final opinions.
Hypotheses: Although this study was generally exploratory and not strongly hypothesis driven, we expected that there might be evidence for a simple form of bias in which some evaluators would be more likely than others to consistently "find" indications of SVP status (i.e., consistently assigning higher risk scores and more SVP-relevant diagnoses) and, therefore, be more likely to find behavioral abnormality, the legal construct qualifying someone for commitment as an SVP.
Method: The study used data from 745 SVP evaluations conducted by 10 different evaluators who were assigned cases from the same referral stream. Potential evaluator difference variables included behavioral abnormality opinions, paraphilia and antisocial personality disorder diagnoses, and Psychopathy Checklist-Revised and Static-99 scores.
Results: Evaluator differences explained a statistically significant (p < .001) amount of variance in behavioral abnormality opinions (17%), paraphilia diagnoses (7%), and Psychopathy Checklist-Revised scores (16%). Contrary to our expectation of a simple tendency for some evaluators to find all indicators of SVP status more often than others, evaluators differed in the ways that underlying diagnoses and scores corresponded with their conclusions. The overall pattern was one in which different evaluators appeared to base their final opinions on different factors.
Conclusions: Findings reveal further evidence of substantial forensic evaluator differences in patterns of assigning instrument scores and reaching forensic conclusions. But these findings are the first to also reveal wide variability in their patterns of reaching forensic conclusions. (PsycInfo Database Record (c) 2025 APA, all rights reserved).
{"title":"Do risk measure scores and diagnoses predict evaluator opinions in sexually violent predator cases? It depends on the evaluator.","authors":"Marcus T Boccaccini, Daniel C Murrie, Paige B Harris","doi":"10.1037/lhb0000561","DOIUrl":"10.1037/lhb0000561","url":null,"abstract":"<p><strong>Objective: </strong>Field research increasingly reveals that forensic evaluators are not interchangeable. Instead, they tend to differ in their patterns of forensic opinions, in ways that likely reflect something about themselves, not just the persons evaluated. This study used data from sexually violent predator (SVP) evaluations to examine whether evaluator differences in making intermediate decisions (e.g., instrument scoring, assigning diagnoses) might explain their different patterns of final opinions.</p><p><strong>Hypotheses: </strong>Although this study was generally exploratory and not strongly hypothesis driven, we expected that there might be evidence for a simple form of bias in which some evaluators would be more likely than others to consistently \"find\" indications of SVP status (i.e., consistently assigning higher risk scores and more SVP-relevant diagnoses) and, therefore, be more likely to find behavioral abnormality, the legal construct qualifying someone for commitment as an SVP.</p><p><strong>Method: </strong>The study used data from 745 SVP evaluations conducted by 10 different evaluators who were assigned cases from the same referral stream. Potential evaluator difference variables included behavioral abnormality opinions, paraphilia and antisocial personality disorder diagnoses, and Psychopathy Checklist-Revised and Static-99 scores.</p><p><strong>Results: </strong>Evaluator differences explained a statistically significant (<i>p</i> < .001) amount of variance in behavioral abnormality opinions (17%), paraphilia diagnoses (7%), and Psychopathy Checklist-Revised scores (16%). Contrary to our expectation of a simple tendency for some evaluators to find all indicators of SVP status more often than others, evaluators differed in the ways that underlying diagnoses and scores corresponded with their conclusions. The overall pattern was one in which different evaluators appeared to base their final opinions on different factors.</p><p><strong>Conclusions: </strong>Findings reveal further evidence of substantial forensic evaluator differences in patterns of assigning instrument scores and reaching forensic conclusions. But these findings are the first to also reveal wide variability in their patterns of reaching forensic conclusions. (PsycInfo Database Record (c) 2025 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":"531-544"},"PeriodicalIF":3.2,"publicationDate":"2024-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141972109","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}