Influencing expert judgment: Attributions of crime causality

Purpose. The present research aimed to investigate the effects of attribution on expert clinical judgment in comparison to semi‐experts and laypeople. Two research questions were addressed. First, would experts be less subject to attributional manipulations, in terms of their perceived ratings of dangerousness, than would semi‐experts or laypeople? Second, would experts be less subject to attributional manipulations, in terms of their assessments of offender responsibility, than would semi‐experts or laypeople? Method. A 3×3×2 mixed groups design was implemented. Participants read nine crime scenarios that had been internally or externally manipulated. For each scenario, participants were asked to rate offender dangerousness, offender responsibility, and the seriousness of the crime and to suggest a suitable sentence length. Targeted recruitment was employed, yielding 12 experts, 21 semi‐experts, and 22 laypeople. Results. Offenders were considered to be more responsible for their actions and more dangerous to others in the internal manipulations than in the external ones across all crime types and by all levels of expertise. Findings indicate that semi‐experts are less subject to the influence of attributional manipulations than both experts and laypeople. Marked similarities in the pattern of expert and lay person judgments can be observed from the present analyses. Conclusions. The current findings lend support to previous research in the area in that similarities between expert and lay person judgment were observed. However, through expanding and clarifying the levels of expertise investigated, the current findings highlight the need for greater research into the distinct ‘semi‐expert’ group.     

Transplanting Jury Trials in South Korean Legal Soils: Comparative Analysis with Jury Trials in the United States

Jury trials, known as common-law institution centering on the UK and the USA, for the first time in Korean adjudicatory history, have been transplanted into Korean legal soils under cultural and political climate with legal roots of the “Civil Participation in Criminal Trial Act (CPCTA) of 2007” since 2008. This research examines legal and operational issues of jury trials through comparative analysis between the United States and South Korea. Several legal characteristics of 2013 revision bill of CPCTA, proposed by the Committee of Civil Participation in the Judiciary (CCPJ), are to be pointed out: so-called “civil participation” approach, de facto binding power of jury verdict and sentencing, and a stricter standard for a jury verdict or decision (3/4 majority). Statistical results from planting jury trials in both American and Korean legal system proved to be very similar. Meanwhile, a 2013 revision bill has to overcome several practical and legal obstacles, such as low usage of jury trials, the high rate of judicial dismissal of defendants’ petitions, and violation of Article 27 of the Korean Constitution. Under the current legislative scheme, judges in Korean courts need to operate jury trials in such a careful and respectful way that the revision may neglect neither a defendant’s right to jury trial nor jury’s verdict. Legal scholars, experts, and legislators with interests in implementing jury trials in Korea should research on ways to expand the system to other judicial procedures such as juvenile, civil, family, and administrative cases.     

Criminal victimization in South Korea: A multilevel approach

A growing number of studies in criminal victimization had integrated the individual model and the context model to examine the dynamics of influences from the predictors at different levels. Only a few studies, however, had explored the impact of multilevel factors upon criminal victimization outside the U.S. context. Using the survey data gathered in Seoul, South Korea, the current study tested the applicability of the multilevel approach in criminal victimization to the Korean context. The results were mixed. At the macro level, poverty and community cohesion were positively associated with victimization by street crime and residential crime, respectively. Inconsistent with the findings in the U.S. studies, however, community cohesion increased the chance of residential crime victimization, and residential mobility was not significantly associated with criminal victimization. At the micro level, avoidance behaviors and target hardening efforts were associated with more criminal victimization, contrary to the proposition by opportunity theory. These unexpected findings could be explained by the unique social and cultural characteristics of Korean society. The unique contexts of modern Korean society as well as the limitation of the current study are discussed.     

Explanatory models of malingering

Rogers (1990a, 1990b) proposed three models to explain why certain persons malinger mental illness: pathogenic, criminological, and adaptational. Highly experinced forensic experts (N=320) performed prototypical ratings on attributes associated with each model: the highest ratings were given to the adaptational model. In addition, a principal components analysis provided initial empirical support for these three explanatory models. The relevance of these findings to theory and clinical practice is discussed.     

Perceptions of coercion in interrogation: comparing expert and lay opinions

ABSTRACT

When confessions are entered into evidence in criminal courts, issues of coercion and voluntariness are important and often contested matters. Occasionally, defense attorneys proffer expert witnesses to testify about the coercive pressures of an interrogation and the risk of a false confession. Such testimony is often ruled inadmissible on the grounds that it does not inform the jury beyond its common knowledge. In our effort to test this judicial assumption about common knowledge, we surveyed jury-eligible laypeople (n?=?67) and social scientists specializing in interrogation and confessions (n?=?54) regarding their opinions about the coerciveness of prohibited interrogation tactics, maximization techniques, minimization techniques, and suspect risk factors and compared their ratings with a set of independent t tests. Laypeople gave lower ratings to the coerciveness of all sets of items representing interrogation techniques, and lower ratings to the vulnerabilities associated with suspect risk factors, as compared to social science experts. The disparities between laypeople’s and experts’ perceptions of coercion in interrogations demonstrate that such issues are not fully within the common knowledge of prospective jurors, and suggest the need to provide jurors with expert witness guidance when tasked with evaluating confession evidence.     

Reasons for South Korean attitudes towards the death penalty: exploring the nexus between strong public support and history of misapplication

As of this writing, South Korea (officially, the Republic of Korea) is an abolitionist-in-practice nation; capital punishment is legal, but no death sentences have been carried out since a moratorium was enacted in 1997. Public support for the death penalty has decreased over time; however, the factors that determine support for or opposition to the death penalty of the South Korean general public are largely unknown. Using survey data from a nationwide sample of 416 respondents, this study examined the potential predictors for public attitudes towards capital punishment support. A majority of survey respondents (83%) supported the death penalty, a higher percentage than recent surveys of the South Korean general public. The deterrence and retribution perspectives were positively related to death penalty support, while crime severity, neighbourhood safety, the brutalisation effect, and innocence were negatively related. This study provides the first multivariate analysis of factors associated with South Korean attitudes towards the death penalty.     

RECOGNITION AND ENFORCEMENT OF JUDGMENTS BETWEEN CHINA,JAPAN AND SOUTH KOREA IN THE NEW ERA: SOUTH KOREAN LAW PERSPECTIVE

This article discusses the rules for recognition and enforcement of foreign judgments in the Republic of Korea (hereinafter referred to as “South Korea” or “Korea”). Articles 217 and 217-2 of the Civil Procedure Act of Korea and Articles 26 and 27 of the Civil Enforcement Act of Korea provide for the recognition and enforcement of foreign judgments respectively. Korea has not entered into any bilateral or multilateral treaties regarding the recognition and enforcement of foreign judgments and is not a party to the Convention on Choice of Court Agreements. The article also considers the current undesirable status of recognition and enforcement of judgments in the region consisting of China, Japan and South Korea (hereinafter referred to as “Region”) and suggests a course of action to be taken to improve the situation. The author believes that the experts of the Region should embark upon a project to improve the current situation and that the first step should be to exchange and gather information on the current legal regime of the countries in the Region on the recognition and enforcement of judgments. The author looks forward to future cooperation among the experts in the Region on this topic and is confident that the reciprocity requirement, which currently is a major obstacle to the mutual recognition and enforcement of foreign judgments in the Region, will be overcome in the near future.     

Mock jurors’ expectations regarding the psychological harm experienced by rape victims as a function of rape prototypicality

We examined mock jurors’ judgments in a rape case that was either prototypical (late-night assault by a stranger in a public place) or non-prototypical (daytime assault by an acquaintance in a private home). We also varied the psychological harm experienced by the victim as a result of the rape (mild anxiety or posttraumatic stress disorder (PTSD)). We hypothesized that participants’ expectations regarding the level of harm the victim is likely to experience would mediate the effect of harm level on ratings of the victim’s credibility, and this indirect effect would be contingent on the prototypicality of the case. In a pilot experiment we demonstrated that people expect prototypical rape cases to be more traumatic for victims than non-prototypical cases. In the main experiment, and as predicted, participants in the Prototypical condition expected the victim to develop PTSD more than mild anxiety, but Non-Prototypical condition participants expected the opposite. In addition, a level of harm that was consistent rather than inconsistent with their expectations led participants to rate the victim as more credible; they also rated her as less responsible for what happened, and they thought the defendant was more likely guilty and that he should be incarcerated for a longer period of time.     

Testing the three- and four-factor models of the Korean version PCL-R as predictors of two antisocial outcomes – recidivism and risk

Psychopathy has consistently been associated with antisocial outcomes. The three- and four-factor models have been best fitted to data relating to Korean serious offenders (N?=?451), offering construct validity of the Korean Psychopathy Checklist-Revised (PCL-R). However, no study has yet tested the predictive power of the Korean PCL-R to explain two different types of antisocial outcomes: (1) risk of inmates measured by correctional officers during incarceration and (2) recidivism after release. By exploring these two forms of antisociality, here we sought to establish the predictive and construct validities of the Korean version of PCL-R. We found that the deviant lifestyle (Factor 3) performed best for predicting both antisocial forms (risk and recidivism) and that the deficits in interpersonal (Factor 1) and affective (Factor 2) abilities also uniquely predicted one subtype of risk, which suggests the three-factor model is better than the four-factor model in predictions. These findings will be useful for criminal justice experts and practitioners in Korea.     

Psychopathy,expert testimony,and indeterminate sentences: Exploring the relationship between Psychopathy Checklist‐Revised testimony and trial outcome in Canada

Purpose. Psychopathy, as measured by the Hare Psychopathy Checklist‐Revised (PCL‐R), has the potential to inform judges attempting to preventatively detain Canada's highest risk offenders. However, studies examining the stigma of the psychopathy label give reason to exercise caution when expert witnesses introduce PCL‐R scores into their testimony. Methods. Judges' written or oral judgments were gathered from a publically available database in Canada. Dangerous offender hearings (N = 136) were examined to determine how factors within expert witness testimony were related to sentences of indeterminate or determinate length. Results. Results show a trend for PCL‐R scores to be related to trial outcome. Specifically, psychopathy diagnoses were correlated to experts' ratings of treatment amenability which were in turn related to trial outcome. In addition, experts tended to show partisan allegiance in the way they scored offenders on the PCL‐R. Conclusion. Discussion advocates a measure of caution when using PCL‐R testimony in an adversarial court context. Further research clarifying the role psychopathy plays in court decisions is also encouraged.     

Investigating the effects of peer association and parental influence on adolescent substance use: A study of adolescents in South Korea

The central purpose of this study was to examine whether peer influence has a greater impact on adolescent substance use than parental influence. This was a comparative study that examined cross-cultural applicability by applying the established findings and theoretical suggestions, such as social learning theory and social bonding theory in the United States, to a traditionally non-Western social context (South Korea). Although the theories have firmly established their explicability on adolescent delinquency and substance use in U.S. society, there are relatively few empirical studies to establish its generalizability in societies outside the U.S. and even fewer in such traditionally non-Western societies as South Korea. Using a nationwide sample of self-reported data from 3,188 junior high school students, estimations from multivariate analyses were used to compare the relative importance of peer and parental influence on adolescent substance (alcohol and tobacco) use. The findings from the current study supported both social learning theory and social bonding theory, suggesting that both peer and parental influence are significant in predicting the risks of adolescent substance use. Although parental influence was slightly greater than peer factors, the difference was negligible. The limitations, the unique social context of Korean society, and future research implications are then discussed.     

Korean police officers' attitude toward the efficacy of mini-police stations

In the era of community policing, a mini-police station system gained popularity and was adopted in many countries in order to improve relationships with citizens and decentralize the police. The very similar system in South Korea, which existed as the core division since the establishment of the modern Korean Police, however, stimulated controversy over the effectiveness of preventing crime and improving the relationship between citizens and the police. Unfortunately, an empirical study was not conducted to examine the effectiveness of the mini-police station system in South Korea, despite the significance of the issue. As a first step, the current study examined Korean police officers' perception of the efficacy of police mini-stations. Results showed that a majority of Korean officers believed that mini-police stations played crucial and positive roles. Regarding determinants of the perceived efficacy of a mini-police station, individual and organizational factors (except rank and unit assigned) were not significantly related to officers' attitude toward the efficacy of a mini-police station. Instead, attitudinal factors were found to be significant predictors of the perceived efficacy of a mini-police station. Policy implications and directions for future research are discussed.     

Psychopathy (PCL-R) in a forensic psychiatric sample of homicide offenders: some reliability issues

Several studies have shown that psychopathy is overrepresented among homicide offenders. There is a consensus that Hare's Psychopathy Checklist-Revised PCL-R is currently the most valid and useful tool for rating psychopathy (e.g., [Fulero, S. M. (1995). Review of the Hare Psychopathy Checklist-Revised. In J. C. Conoley & J. C. Impara (Eds.), Twelfth Mental Measurements Yearbook (pp. 453-454). Lincoln, NE: Buros Institute]). Usually, when making a rating of psychopathy, both an interview and an examination of the subject's files are used. However, it has been discussed what is really required to be able to rate psychopathy in a reliable manner. The aim of the present study was to retrospectively rate the degree of psychopathy in 35 homicide offenders being subjected to forensic psychiatric assessment. These ratings of psychopathy were carried out using forensic psychiatric files and courts'; verdicts only. Another aim was to examine the reliability of PCL-R in this specific Swedish sample of homicide offenders. There was a good agreement between the two raters with respect to the categorical diagnosis of psychopathy (Cohen's kappa=.81, p<.001), which indicates that retrospective ratings of psychopathy are well suited for research purposes. The prevalence of psychopathy among the homicide offenders was 31.4% (using a cut-off score of 30), which means that the construct of psychopathy may contribute to the understanding of the phenomenon of homicide. In the planning of treatment for homicide offenders, a consideration of possible psychopathy is necessary. As criminal psychopaths are known to relapse into violent criminality, it is very important that they are given efficient treatment, placement and management.     

Analyzing Citizens’ Reported Levels of Confidence in the Police: A Cross-National Study of Public Attitudes Toward the Police in the United States and South Korea

Comparative police research has largely been based on qualitative or participatory techniques. The present study utilizes quantitative data collected from America and South Korea in 2005 to test the hypothesis that American citizens have higher levels of confidence in the police than their South Korean counterparts. The study further hypothesizes that citizens’ confidence in institutions such as the court and the government will influence levels of confidence in the police. Results obtained offered support for the stated hypotheses.     

Discrimination of Geographical Origin of Asian Garlic Using Isotopic and Chemical Datasets under Stepwise Principal Component Analysis

Isotopic compositions of δ²H, δ¹⁸O, δ¹³C, and δ¹⁵N and concentrations of 22 trace elements from garlic samples were analyzed and processed with stepwise principal component analysis (PCA) to discriminate garlic's country of origin among Asian regions including South Korea, Vietnam, Taiwan, and China. Results indicate that there is no single trace‐element concentration or isotopic composition that can accomplish the study's purpose and the stepwise PCA approach proposed does allow for discrimination between countries on a regional basis. Sequentially, Step‐1 PCA distinguishes garlic's country of origin among Taiwanese, South Korean, and Vietnamese samples; Step‐2 PCA discriminates Chinese garlic from South Korean garlic; and Step‐3 and Step‐4 PCA, Chinese garlic from Vietnamese garlic. In model tests, countries of origin of all audit samples were correctly discriminated by stepwise PCA. Consequently, this study demonstrates that stepwise PCA as applied is a simple and effective approach to discriminating country of origin among Asian garlics.     

Perceived Citizen Cooperation, Police Operational Philosophy, and Job Satisfaction on Support for Civilian Oversight of the Police in South Korea

While civilian oversight in matters pertaining to police accountability is commonly found in law enforcement agencies in Western countries, this concept is fairly new to many emerging democracies. This study examines the origins and development of citizen oversight of the police in South Korea. Using a sample consisting of 406 surveyed Korean police officers, this study further examines the effects of individual factors and organizational characteristics, such as police operational philosophy, citizen support, and job satisfaction, on officers’ perceptions of civilian oversight of the police. The findings suggest that, although South Korean police officers are generally ambivalent about the role of civilian oversight, there is a strong relationship between organizational characteristics and support for a civilian role in police oversight.     

Abused South Korean women: a comparison of those who do and those who do not resort to lethal violence

This study compares two groups of women in South Korea: one group incarcerated for the deaths of their male partners and the other staying in a shelter for battered women. The analysis serves to answer two questions: First, are the findings regarding women who kill their intimate partners in Western societies generally applicable to their counterparts in South Korea? Second, how are abused South Korean women who resort to lethal violence against their abusers different from those who do not? Regarding both abused and nonabused women incarcerated for criminal homicide against their partners, results indicate that they have less experience of psychological and physical abuse by their partners and that they are less educated, underemployed, and more supportive of traditional patriarchal norms than are the women who utilize domestic violence shelters. This research explores implications for intervention strategies to encourage abused women to seek help from legal and extralegal sources.     

A Comparison of Forensic and Nonforensic Malingerers: A Prototypical Analysis of Explanatory Models

Explanatory models of malingering strive to understand the primary motivation underlying attempts to feign. Rogers, Sewell, and Goldstein (1994) provided empirical support for the conceptualization of pathogenic, criminological, and adaptational models. In the current study, a prototypical analysis of 221 forensic experts results in a slightly refined formulation: the adaptational model was decomposed into its two broad dimensions (cost–benefit analysis and adversarial setting). An important finding is that the factor structure for the explanatory models remained stable when applied to both forensic and nonforensic cases. As a first investigation, significant differences were observed in prototypical cases of malingering by the category of referral (forensic or nonforensic) and by type of feigning (mental disorders, cognitive impairment, and medical syndromes). Surprisingly, the feigning of medical syndromes appeared to play a relatively prominent role in both forensic and nonforensic cases and to be influenced by the apparent adversarial context of the assessment. Finally, important gender differences were observed, especially with nonforensic prototypical cases of malingering.     

Assessing the relevance of self-reported ADHD symptoms and cognitive functioning for psychopathy using the PCL-R and the TriPM

Psychopathy and ADHD are highly comorbid disorders, possibly linked to the underlying trait of impulsivity. It is therefore likely that ADHD symptoms are also of importance when studying cognitive functioning linked to psychopathy. Few studies of psychopathy and cognitive functioning have taken ADHD symptoms into account. In this cross-sectional study, male offenders (n = 201 of whom 105 were neuropsychologically tested) were recruited from all high security correctional facilities in Sweden. The aim of the study was to investigate if self-reported ADHD symptoms and cognitive functioning could predict specific subcomponents of psychopathy in offenders. Results showed that self-rated ADHD symptoms (ASRS) and psychopathy were highly correlated. Furthermore, the associations of ASRS and PCL-R Facet 3, as well as TriPM Disinhibition, were remarkably high. As expected, ASRS was not related to either Facet 1 or 2 of the PCL-R, or to TriPM Boldness. Cognitive functioning did not contribute in predicting psychopathy beyond the effect of ASRS. The high overlap in reported symptoms highlights the importance of thorough clinical assessments to be able to distinguish psychopathic personality traits from ADHD and lessen the risk of misdiagnosis. Further, it points to the need of finding discriminative measures possibly linked to etiological underpinnings.