易于沟通可能会使基于供词的判决更合理

IF 0.6 Q4 PSYCHOLOGY, MULTIDISCIPLINARY Journal of Cognition and Culture Pub Date : 2021-10-14 DOI:10.1163/15685373-12340104
H. Mercier, Anne-Sophie Hacquin, N. Claidière
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引用次数: 0

摘要

在许多司法系统中,认罪是刑事定罪的必要条件。即使忏悔本质上令人信服,这可能也不能完全解释为什么它们起着如此重要的作用。此外,有人认为,供词的重要性在于其合法化作用,这解释了为什么即使在其他证据已经说服法官的情况下也需要供词。但是,为什么供词特别适合用来为判决辩护呢?一种可能性是,它们可以更容易地从一个个体传播到另一个个体,从而在人群中传播,而不会失去它们的说服力。360名说英语的参与者被要求评估一项判决的三种理由中的一种的说服力,这些理由要么基于供词,要么基于目击证人,要么基于间接证据,并将该理由传递给另一名参与者,后者执行同样的任务。然后,240名说英语的参与者评估了第一组参与者提出的一些理由的可信度。与其他理由相比,基于供词的理由在传播过程中失去了较少的说服力(小到中等效应)。模型指出了最常见的辩护形式,当它们被传播时,结果表明,基于忏悔的最常见的辩护形式更有说服力(小到中等效应大小)。
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Being Easy to Communicate Might Make Verdicts Based on Confessions More Legitimate
In many judicial systems, confessions are a requirement for criminal conviction. Even if confessions are intrinsically convincing, this might not entirely explain why they play such a paramount role. In addition, it has been suggested that confessions owe their importance to their legitimizing role, explaining why they could be required even when other evidence has convinced a judge. But why would confessions be particularly suited to justify verdicts? One possibility is that they can be more easily transmitted from one individual to the next, and thus spread in the population without losing their convincingness. 360 English-speaking participants were asked to evaluate the convincingness of one of three justifications for a verdict, grounded either in a confession, eyewitnesses, or circumstantial evidence, and to pass on that justification to another participant, who performed the same task. Then, 240 English-speaking participants evaluated the convincingness of some of the justifications produced by the first group of participants. Compared to the other justifications, justifications based on confessions lost less of their convincingness in the transmission process (small to medium effect sizes). Modeling pointed to the most common forms the justifications would take as they are transmitted, and results showed that the most common variant of the justification based on a confession was more convincing (small to medium effect sizes).
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来源期刊
Journal of Cognition and Culture
Journal of Cognition and Culture PSYCHOLOGY, MULTIDISCIPLINARY-
CiteScore
1.10
自引率
0.00%
发文量
18
期刊介绍: The Journal of Cognition and Culture provides an interdisciplinary forum for exploring the mental foundations of culture and the cultural foundations of mental life. The primary focus of the journal is on explanations of cultural phenomena in terms of acquisition, representation and transmission involving cognitive capacities without excluding the study of cultural differences. The journal contains articles, commentaries, reports of experiments, and book reviews that emerge out of the inquiries by, and conversations between, scholars in experimental psychology, developmental psychology, social cognition, neuroscience, human evolution, cognitive science of religion, and cognitive anthropology.
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