Grade related changes in young people's reasoning about plea decisions

The present study examined the development of young people's ability to reason about legal issues involved in a plea decision in a criminal matter. Forty-eight subjects in each of grades 5,7, and 9, and 48 young adults participated in a semistructured interview containing four vignettes, each depicting a young person who had committed a criminal offense was charged, and retained a lawyer. Subjects received information regarding the charge and the prosecution's evidence (weak in half of the vignettes and strong in the other half). Subjects were asked to decide what they would plead if they were in the defendant's shoes, and to justify their choices. Contrary to prediction, a majority of even the Grade 5 subjects based their plea decisions on legal rather than moral criteria. Nonetheless, there were significant grade-related changes both in legal reasoning scores and in the use of guilt-based plea justifications. In addition, according to a panel of lawyers, subjects' plea choices were rated as more reasonable when the evidence against the story character was strong (and thus congruent with “moral” guilt) than when it was weak. This difference, diminished with grade as subjects became better able to separate moral from legal issues in their decision making.     

Examining legal authoritarianism in the impact of punishment severity on juror decisions

Recent Supreme Court decisions point to an increased reliance on juries to determine a defendant's sentence. Evidence is mixed on whether jurors are more likely to convict when the potential punishment is mild. The current study examined this issue, as well as the impact of legal authoritarianism (LA) (Kravitz, D. A., Cutler, B. L., & Brock, P. 1993. Reliability and validity of the original and revised legal attitudes questionnaire. Law and Human Behavior, 17, 661–677. doi: 10.1007/BF01044688), on jurors’ decisions. An ethnically diverse sample of participants completed the individual difference measure prior to viewing a videotaped, reenacted criminal trial. We manipulated the severity of the punishment the defendant would receive if convicted. Results indicated LA moderated the effect of punishment severity on verdict. Specifically, at higher levels of punishment severity, civil libertarians convicted less, while legal authoritarians convicted more. That is, the severity-leniency effect held for civil libertarians, but not for legal authoritarians. As juries become more responsible for determining a defendant's sentence, attorneys should be aware of the defendant's potential sentence and use voir dire to identify jurors who are higher on LA.     

Liberating Discretion: The Effect of Rape Myth Factors on Prosecutors’ Decisions to Charge Suspects in Penetrative and Non-Penetrative Sex Offenses

Abstract

In sexual assault cases, prosecutorial charging decisions may be influenced by legal factors like offense seriousness and convictability and extralegal rape myths. We use data on sexual assaults in Los Angeles, to test for the effects of victim behavior, victim credibility, and “real rape” stereotypes on the decision to file charges. We also test the liberation hypothesis, examining whether rape myths influence the charge decision more in less serious nonpenetrative cases then in penetrative cases. Results show that victim credibility and behavior, but not consistency with real rape stereotypes, affect charging decisions, even after controlling for legally relevant factors, and they influence prosecutors’ charging decisions equally in penetrative and nonpenetrative cases. Rape myths also influence the charging decision indirectly via victim cooperation. We conclude that rape myths are incorporated into the criminal justice system’s definition of and response to sexual violence, so cannot be addressed by changing case screening policies.     

THE IMPACT OF BRITISH COUNTERTERRORIST STRATEGIES ON POLITICAL VIOLENCE IN NORTHERN IRELAND: COMPARING DETERRENCE AND BACKLASH MODELS*

Since philosophers Beccaria and Bentham, criminologists have been concerned with predicting how governmental attempts to maintain lawful behavior affect subsequent rates of criminal violence. In this article, we build on prior research to argue that governmental responses to a specific form of criminal violence—terrorism—may produce both a positive deterrence effect (i.e., reducing future incidence of prohibited behavior) and a negative backlash effect (i.e., increasing future incidence of prohibited behavior). Deterrence‐based models have long dominated both criminal justice and counterterrorist policies on responding to violence. The models maintain that an individual's prohibited behavior can be altered by the threat and imposition of punishment. Backlash models are more theoretically scattered but receive mixed support from several sources, which include research on counterterrorism; the criminology literature on labeling, legitimacy, and defiance; and the psychological literature on social power and decision making. In this article, we identify six major British strategies aimed at reducing political violence in Northern Ireland from 1969 to 1992 and then use a Cox proportional hazard model to estimate the impact of these interventions on the risk of new attacks. In general, we find the strongest support for backlash models. The only support for deterrence models was a military surge called Operation Motorman, which was followed by significant declines in the risk of new attacks. The results underscore the importance of considering the possibility that antiterrorist interventions might both increase and decrease subsequent violence.     

Decision-Making in court: Observing the sentencing of men and women

Abstract

Using systematic observation together with an analysis of the relevant court and criminal records this research examined the processing and sentencing of a small number of male and female defendants in an English magistrates' court. The findings indicate that sentencing was indirectly affected by a defendant's sex and directly affected by at least one aspect of a defendant's demeanour. These results provide support for the view that combining systematic observation with an analysis of court records offers a more effective means of investigating the differential treatment of male and female defendants than either unsystematic observational studies or the analysis of court records alone.     

TRENDS IN VIOLENT CRIME AMONG EX-MENTAL PATIENTS

A central component of the public's conception of the mentally ill is that they are dangerous. This belief receives support from recent studies of the arrest rates of ex-mental patients which suggest that arrests for violent crimes have increased. In order to investigate this issue, samples were taken at two points in time. Analysis of arrest rates revealed that very few ex-mental patients were subsequently arrested for violent crimes, although these rates were higher and increasing faster than these of the general population. Mast significant were the findings that subsequent arrests were best explained by the number of prior arrests and that the percentage of patients with a history of criminal behavior has increased dramatically over time. The implications of these trends in violent crime among ex-mental patients for the perceived link between mental illness and violence and for the social control functions of society are discussed.     

Factors related to willingness to help survivors of intimate partner violence

Although researchers have found that survivors of intimate partner violence seek support from a multitude of sources, ranging from professionals to informal support networks, little is known about the extent to which community members reach out to help survivors. This study explored the type of support provided to survivors and various factors that relate to individuals' willingness to help. Survivors were more likely to be helped by women, younger individuals, those who strongly endorsed criminal justice interventions for perpetrators, and those who perceived intimate partner violence as a frequently occurring issue in their communities. Two additional factors were found to relate to an individual's likelihood of assisting others, including witnessing intimate partner violence as a child and prior victimization. Further research is needed in this area to explore helper, survivor, and contextual characteristics that may affect one's likelihood to offer assistance to survivors.     

The influence of prior record evidence on juror decision making

Several researchers have investigated the impact of evidence of prior convictions on jurors' decision making. Very little is known about a related issue, the impact of prioracquittal evidence introduced by the prosecution on jurors' decisions. The Supreme Court recently held (Dowling v. U.S., 1990) that the admission of prior acquittal evidence does not unfairly prejudice the defendant. We conducted a simulation study to examine the effects of prior record evidence (prior convictions, prior acquittals, and no prior record) on jurors' decisions. We also manipulated the presence of judicial instructions on the limited use jurors can make of extrinsic acts evidence. Mock jurors were more likely to convict the defendant when they had evidence of a prior conviction than when they had evidence of a prior acquittal or no record evidence. This effect was mediated by attributions about criminal propensity. Judge's limiting instructions were ineffective in guiding jurors' use of prior record evidence.     

Incarcerated Battered Women: A Comparison of Battered Women Who Killed Their Abusers and Those Incarcerated for Other Offenses

The present study compared battered women incarcerated for killing/seriously assaulting their abusers with battered women incarcerated for other offenses to explore possible similarities and differences in the characteristics and experiences of the two groups as well as to determine what factors may lead some battered women to use lethal force against their partners. Comparisons were made on a number of variables including sociodemographic factors, characteristics of the battering relationship, alcohol/drug use of battered women and their abusers, perceived social support, actions taken to end the violence, prior criminal behaviors, and childhood trauma factors. Findings revealed that women in the homicide/assault group were older, in the relationship longer and experienced a longer duration of violence in this relationship. They also experienced more frequent and severe battering, including sex assaults and sustained more injuries than those in the comparison group. Further, battered women who killed/seriously assaulted their partners were more likely to believe that their lives were in danger, were less likely to use violence against their partners, and were less likely to have a prior criminal record or to have served time previously. The implications of the findings are discussed.     

Community violence to prison assault: A test of the behavioral continuity hypothesis

This large-scale study (N = 23,277) investigated the relationship between criminal history in the community and serious or assaultive prison misconduct, while controlling for the effects of inmate characteristics, general criminality, and custody level. Community violence variables included the rate of prior violent crime arrests and the types of prior violent crime, as well as a range of specific violent crimes of conviction. Behavioral continuity from community to prison was neither simple nor intuitively discernible, depending on the type, recency, and pattern of community criminality. Application of logistic regression models revealed that the omnibus measure of the rate of prior violent arrests was not related to either serious or assaultive prison misconduct. Prior arrests for assault and current convictions for robbery and/or assault, but not prior or current homicides, were associated with an increased risk for prison violence. Current conviction for a sexual assault had the strongest inverse relationship to prison violence, while prior arrests for sexual assault showed no relationship to prison violence. A more "nuanced" approach in assigning risk ratings based on prior criminal history and seriousness of offense is recommended. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Influences of accent and ethnic background on perceptions of eyewitness testimony

Abstract

The purpose of the present work was to investigate the effect two eyewitness factors, accent and ethnic background, have on the perceived favorability of eyewitness testimony and case disposition in criminal trials. Six variations of testimony were created and videotaped. The videotapes varied by accent and ethnic background of the eyewitness; the testimony text was identical. Four eyewitness favorability variables, (a) credibility, (b) judgment of accuracy, (c) deceptiveness, and (d) prestige, as well as their relationship to case disposition, were measured. One hundred and seventy-four undergraduate participants viewed one of the six videotapes. Results indicate that there was a significant main effect of accent for the four eyewitness favorability variables. Accent by ethnic background interactions also yielded significant findings for the four variables as well as for the defendant's degree of guilt. Results were interpreted using the Elaboration Likelihood Model. The potential importance of these results for judicial settings is discussed.     

BILEVEL DISPARITIES IN COURT DISPOSITIONS FOR INTIMATE ASSAULT*

Using data on cases of intimate assault, we offer a relatively rare examination of disparities in court dispositions across multiple stages of case processing. In this context we introduce the theoretical and empirical relevance of considering the characteristics of defendants' neighborhoods as possible extralegal influences on disposition severity. Bilevel analyses of 2,948 males arrested for misdemeanor assaults on intimates in Cincinnati reveal significant disparities based on neighborhood socioeconomic status (SES) in decisions related to charging, full prosecution, conviction, and incarceration, even when adjusting for compositional differences in defendant's race and SES across neighborhoods. Implications are discussed for the broader literature on extralegal disparities.     

Palynology and mycology as biological evidence in a homicide case

Criminal cases are studied from several disciplines to link a suspect with a criminal act. In this case, a man was reported missing in a coastal area in Buenos Aires Province, Argentina. The victim's relatives pointed to a possible suspect, and the local police carried out the investigation. We contributed to this research by applying palynological and mycological techniques. Palynomorphs and fungal spores offer valuable trace evidence, as they can be easily transferred between objects and crime scenes due to their minute size and persist on them for a long time. The victim was found 25 days later, lying on sandy soil, which partially covered the body, 35 km from where the suspect was arrested. Comparative samples were collected from the crime scene and the suspect's home and belongings (clothes, footwear, and seized vehicle). The palynological associations obtained from the crime scene and the defendant's belongings were dominated by diatoms and acritarchs (Acantomorphitae), all elements of marine origin, and a high CFU number of Bipolaris cynodontis, which allowed the defendant's clothing to be related to the place of corpse discovery. Soil from the defendant's home had an entirely continental composition, and the fungal biota was characteristic of prairie areas which were different from those of the crime scene.     

Deciding mental retardation and mental illness in capital cases: The effects of procedure,evidence, and attitudes

Abstract

When finding unconstitutional the execution of defendants who were mentally retarded at the time of their crime in Atkins v. Virginia (2002), the US Supreme Court left the States to decide on procedures for deciding a defendant's mental retardation. This has and will lead to substantial variation, and will include juries being responsible for these verdicts. Two studies are presented that test procedural, evidentiary, and attitudinal effects on mock juror verdicts as to a capital defendant's mental retardation. Both studies show significant effects of procedural variables. Making the retardation and death decision at the same trial phase changed jurors’ interpretation of evidence, including severity of mental problems. Jurors were insensitive to differences in the burden of proof on mental retardation verdicts, although demanding proof beyond a reasonable doubt may make jurors more sensitive to retardation evidence when deciding on a death sentence. Areas for future research are outlined.     

IS AGE IMPORTANT? TESTING A GENERAL VERSUS A DEVELOPMENTAL THEORY OF ANTISOCIAL BEHAVIOR*

We tested competing hypotheses derived from Gottfredson and Hirschis (1990) general theory and Moffitt's (1993a) developmental theory of antisocial behavior. The developmental theory argues that different factors give rise to antisocial behavior at different points in the life course. In contrast, the general theory maintains that the factor underlying antisocial behavior (i.e., criminal propensity) is the same at all ages. To test these competing predictions, we used longitudinal data spanning from age 5 to age 18 for the male subjects in the Dunedin Multidisciplinary Health and Development Study. Using reports from three sources (parents, teachers, and the boys themselves), we estimated second-order confirmatory factor models of antisocial behavior. These models provided consistent support for the developmental theory, showing that separate latent factors underlie childhood and adolescent antisocial behavior. Moreover, we found that these childhood and adolescent factors related in ways predicted by Moffitt's developmental theory to four correlates of antisocial behavior: Childhood antisocial behavior was related more strongly than adolescent antisocial behavior to low verbal ability, by per activity, and negative/impulsive personality, whereas adolescent antisocial behavior was related more strongly than childhood antisocial behavior to peer delinquency. The two underlying latent factors also showed the predicted differential relations to later criminal convictions: Childhood antisocial behavior was significantly more strongly associated with convictions for violence, while adolescent antisocial behavior was significantly more strongly associated with convictions for nonviolent offenses.     

Catch‐22: Exploring Victim Interests in a Specialist Family Violence Jurisdiction

Research and advocacy over the past few decades have combined to draw attention both to the inadequacies of criminal justice intervention in domestic violence as well as the law's positive potential. Radical changes in law, policy, and practice have been implemented in the civil and criminal jurisdictions in most western countries, including Australia. More proactive intervention from criminal justice agencies has not been without its critics. The interests of victims of domestic violence have been portrayed by some as being in conflict with those of the justice system. This article explores this interaction using evaluation surveys and qualitative data from interviews with 360 victims of domestic violence in an urban Australian jurisdiction. Using a smaller subset of respondents, the article provides an exploratory examination of victims’ engagement with criminal prosecution and how they place themselves within the decision‐making process and the objectives of the system. The article concludes that there is significant congruence between victim objectives and interests and those of a public‐interest justice system.     

Predicting the occurrence of stalking in relationships characterized by domestic violence

A high correlation has been found between domestic violence and stalking. However, very few studies have examined what factors predict the occurrence of stalking in relationships characterized by domestic violence. Using in-depth interviews with victims of domestic violence whose cases have gone through the criminal justice system, this article explores this issue. It was found that experiences of stalking by their abusers were very prevalent in this group of domestic violence victims. In terms of predicting stalking, domestic violence victims who were not in a relationship with their abuser, whose abusers had an alcohol or drug problem, who experienced more controlling behaviors by their abusers, and who had experienced prior stalking by their abusers were at the greatest risk of experiencing more severe stalking. Implications for intervention are discussed.     

ROLE OF THE STREET NETWORK IN BURGLARS' SPATIAL DECISION‐MAKING*

Explaining why crime is spatially concentrated has been a central theme of much criminological research. Although various theories focus on neighborhood social processes, environmental criminology asserts that the physical environment plays a central role by shaping people's activity patterns and the opportunities for crime. Here, we test theoretical expectations regarding the role of the road network in shaping the spatial distribution of crime and, in contrast to prior research, disentangle how it might influence offender awareness of criminal opportunities and the supply of ambient guardianship. With a mixed logit (discrete choice) model, we use data regarding (N = 459) residential burglaries (for the first time) to model offender spatial decision‐making at the street segment level. Novel graph theory metrics are developed to estimate offender awareness of street segments and to estimate levels of ambient guardianship, distinguishing between local and nonlocal guardianship. As predicted by crime pattern theory, novel metrics concerning offender familiarity and effort were significant predictors of residential burglary location choices. And, in line with Newman's (1972) concept of defensible space, nonlocal (local) pedestrian traffic was found to be associated with an increase (decrease) in burglary risk. Our findings also demonstrate that “taste” preferences vary across offenders, which presents a challenge for future research to explain.     

Police criminal charging decisions: An examination of post-arrest decision-making

Scholars have encouraged studies of police decision-making to move beyond the arrest decision into research that broadens the understanding of police behavior. The criminal charge placed by officers against offenders is largely an untouched area of study. Examining criminal charging decisions goes beyond simple dichotomous decisions, such as arrest, but instead explores the area of police leniency or punitiveness. Randomly constructed vignettes describing a domestic violence incident were given to officers from four agencies. Officers indicated the criminal charges they would likely list against an offender if they were to make an arrest. Serious criminal charges were often supported by additional, but less serious, charges. Victim injury and an uncooperative offender were related to the decision to charge a misdemeanor offense. There was a significant negative relationship between the number of charges listed and more experienced officers and officers working in smaller agencies. The implications of this study and directions for future research are discussed.     

Contributory Negligence in the Twenty‐First Century: An Empirical Study of First Instance Decisions

In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two central questions at which we looked were: how often a defendant's plea of contributory negligence was successful; and by how much a claimant's damages were reduced when a finding of contributory negligence was made. We also considered the extent to which the answers to these questions depended on the following variables: the claimant's age; the claimant's gender; the type of damage suffered by the claimant; the contextual setting of the claim; and the year of the decision. Our study uncovered several important truths about the contributory negligence doctrine hidden in this mass of case law, some of which cast significant doubt on the accuracy of widely held views about the doctrine's operation.