Construing Motive in Videotaped Killings: The Role of Jurors' Attitudes Toward the Death Penalty

Death-qualified jurors are generally able to impose the death penalty, whereas excludable jurors are generally either unable or unwilling to do so. A long line of research studies has shown that the former are more likely than the latter to convict criminal defendants. Ellsworth (1993) argues that jurors' attitudes toward the death penalty predict verdicts because they are embedded in a cluster of beliefs and theories about the criminal justice system. Her studies show that jurors interpret ambiguous conduct based on these belief structures. The present study examines the possibility that death penalty attitudes also influence jurors' conceptions of criminal intent. We showed mock jurors the filmed murder of a convenience store clerk and examined the inferences they drew from this evidence. Jurors who favored the death penalty tended to read criminal intent into the defendant's actions and jurors who opposed the death penalty were less likely to do so. These data provide further explanation of the conviction-proneness of death-qualified jurors.     

Securing reliable information in investigative interviews: coercive and noncoercive strategies preceding turning points

ABSTRACT

Investigative interviewers apply a range of physical, cognitive, social or legalistic strategies to secure information from suspects. The perceived effectiveness of coercive and noncoercive strategies on turning points was examined by interviewing 34 practitioners and 30 high value detainees in East Asian and Western jurisdictions. Each recounted an interview with an initially uncooperative detainee who became cooperative, or an initially cooperative detainee who became resistant or silent. Analyses of interview narratives identified perceived turning points in the practitioner-suspect relationship associated with clear outcomes. Independent of jurisdiction, 56% of the noncoercive strategies were associated with cooperation, yielding reliable information in 49.4% and true admissions in 20.0% of the cases. In contrast, coercive strategies were perceived as more ineffective (58.9%) than effective (14.6%) in securing information. Physical coercion, intimidation and deception were most frequently acknowledged to yield false information. These findings suggested prioritisation of noncoercive social and physical interview strategies and international consensus on best practices.     

Approaches to Gender and the Law: Research and Applications

Three paradigms for gender research are reviewed, illustrated by examples from employment discrimination law to highlight issues in research on gender and the law. Next, an agenda for research on gender, social science, and the law is outlined, and the five articles in this special issue are reviewed in terms of that agenda. Finally, research ideas for the future and practical applications of the research presented in the five articles are considered, specifically, the use of the reasonable woman standard and expert testimony in sexual harassment cases, and the influence of sex roles and sex stereotypes in producing gender effects.     

Forensic Psychological Expertise in the Wake of Daubert

Daubert v. Merrell Dow Pharmaceuticals, Inc. established guidelines for screening the admissibility of scientific evidence and overruled the Frye general acceptance doctrine. Guidelines more akin to those advocated by psychologists to assess the trustworthiness of the expert testimony were established in light of the Federal Rules of Evidence on the reliability, relevance, and prejudicial or probative nature of the information. Forensic psychological experts will have to be explicit about the scientific foundations of their opinions. The more flexible formula for the admission of scientific evidence may exert greater quality control than the Frye test, and enhance the relationship of psychology and law by eliminating some sources of controversy within the professional community over expert witnesses. Research needs flowing from the new standards are identified. Administrative Judge with the United States Equal Employment Opportunity Commission in Southern California, and a Mediator and Arbitrator with Judicial Arbitration and Mediation Services/Endispute     

Development of an information sheet providing rapport advice for interpreters in police interviews

Abstract

The present paper reports the development of an information sheet designed to aid interpreters in police interviews in recognizing, conveying and inadvertently obstructing rapport-building efforts by police interviewers. The contents of this sheet were informed by past research defining rapport, and rapport uses in police interviews. We used a mixed experimental design to test the information sheet. One group (Intervention, n = 35) was randomly assigned to read an information sheet before responding to short vignettes of police interviewing foreign non-English speaking suspects about international crimes, while another (Control) group (n = 37) simply responded to the vignettes. Perceptions of rapport cues by the intervention group exceeded that of the control group. However, the groups performed equally well at identifying appropriate methods to convey/avoid obstructing rapport. Feedback from the intervention group on the helpfulness of the information sheet was largely positive. The findings were used to improve the information sheet which can be used to alert interpreters to the importance of rapport in suspect interviews.     

Workplace Sexual Harassment in Policing: Perceived Psychological Injuries by Source and Severity

Relatively little is known about employee perceptions of workplace psychological injuries following sexual and nonsexual harassment. In quasi-military occupational organizations, such as policing, the rate of sexual harassment to workplace injuries from other sources is comparatively high. In an exploratory 5?×?2 between-subjects factorial experimental projection study, 220 New South Wales Police Force officers responded to one of ten experimental vignettes in which sources of psychological injury and the gender of the injured worker were systematically varied. Results revealed an unexpected effect of experience. Employees aged 30 years and older were significantly more likely to anticipate psychological consequences and clinically diagnosable symptoms than their younger counterparts. As hypothesized, a main effect of injury source, but not gender of the target, emerged for the severity of psychological consequences: a physical injury was perceived to produce significantly more severe psychological injuries than sexual harassment in the form of coercion and unwanted sexual attention. Contrary to the hypothesis, participants rated gender-based hostility higher than other types of sexual harassment as a source of severe psychological harm. Participants believed that gender-based hostility requires more professional intervention and predicted more negative workplace consequences than other psychological injuries caused by other workplace events. As hypothesized, women employees were generally viewed as significantly more vulnerable to negative workplace outcomes than men. The police officers who participated in this study considered women as more likely to experience workplace problems following sexual coercion than other types of workplace injury. Physical injuries, gender-based hostility, and sexual coercion were distinguished from nonsexual harassment and unwanted sexual attention as significantly more likely to produce clinically diagnosable injuries, irrespective of target gender. Implications of these findings for research, practice, and legal policy are discussed.     

Validation of the Child Sexual Abuse Knowledge Questionnaire

A validation study of the Child Sexual Abuse Knowledge Questionnaire (CSA-KQ) was conducted on a sample of 1712 non-empanelled jurors in the greater Sydney area, Australia. The CSA-KQ contains nine items derived from empirical findings on common misconceptions about typical features of abuse offences, children’s responses to child sexual abuse, and their ability to give reliable evidence. Study 1 tested the factor structure of the questionnaire in a sample of 843 non-empanelled jurors. The best model indicated by exploratory factor analysis had two factors: the Impact of Sexual Abuse on Children and Contextual Influences on the Report. Study 2 cross-validated the findings and tested the predictive validity of the CSA-KQ in a realistic simulated trial in which an 11-year-old complainant alleged abuse by her grandfather. Confirmatory factor analysis replicated the findings of Study 1, showing strong reliability for each of the factors (ρ_y?=?0.70 to ρ_y?=?0.80) and for the CSA-KQ (ρ_y?=?0.76). CSA-KQ scores were significantly correlated with the perceived credibility of the complainant (r?=?0.23). Moreover, the CSA-KQ scores predicted verdict: jurors with greater knowledge about CSA were more likely to convict the defendant than jurors who knew less about CSA.     

Using a Five-Stage Model to Evaluate Workplace Discrimination Injuries

Psychological assessment for workplace discrimination injuries is often complex, as each complainant has a particular personal history and context, including different coping skills, psychopathologies and unique life circumstances. A five-stage model based on best practice guidelines can assist forensic assessment practitioners in determining compensatory damages for psychological or psychiatric injuries and in formulating defensible, evidence-based reports that meet legal standards. The model incorporates legally relevant theories of causation to guide the evaluating psychologist to discern the nature and extent of any injury, and whether discrimination was the likely proximate cause. The focus is not on diagnosis but on functional performance (cognitive, affective, interpersonal and physical) in four key contexts: activities of daily living, relationships, the workplace and hedonic pursuits. This assessment method compares functioning in the complainant’s life until the “day before” the alleged discrimination event with the complainant’s condition at the time of the alleged discrimination, and any symptoms or reactions experienced subsequently. The five-stage model provides a systematic method to examine compensatory damages claims and increase the comprehensiveness and accuracy of the forensic evaluation.     

Gruesome Evidence and Emotion: Anger, Blame, and Jury Decision-Making

Judges assume that gruesome evidence can influence juror verdicts, but little is known about the manner in which the influence is manifested. In a 2 × 3 study that varied the gruesome content of photographic and verbal evidence, gruesome verbal evidence did not influence mock juror emotional states, and had no impact on the conviction rate. Mock jurors who saw gruesome photographs, compared with those who saw no photographs, reported experiencing significantly more intense emotional responses, including greater anger at the defendant. The conviction rate when visual evidence in the form of gruesome or neutral photographs was included was significantly higher than the conviction rate without photographic evidence. Mean ratings of the inculpatory weight of prosecution evidence by mock jurors presented with gruesome photographs were significantly higher than those by mock jurors who did not view any photographs. Further analyses revealed that mock juror anger toward the defendant mediated the influence of the gruesome photographs in enhancing the weight of inculpatory evidence.