Stereotypes influence beliefs about transfer and sentencing of juvenile offenders

Despite sharp drops in juvenile crime since the mid-1980s, punitive policies regarding juveniles who commit serious offenses still exist. We assessed beliefs about two such practices: transferring offenders from the juvenile justice to the criminal justice system, and subjecting them to sentences of life without parole (LWOP). We examined whether stereotypes about juvenile offenders – the extent to which people believe they are dispositionally violent superpredators versus economically and socially impoverished wayward youth – influence support for these policies. We measured 321 participants’ beliefs about the causes of juvenile crime and juveniles’ potential for recidivism and rehabilitation. Using vignette methodology and actual case facts, we described a 13-, 17-, or 21-year-old offender who murdered a stranger or abusive parent, and asked whether he should be transferred to criminal court and sentenced to LWOP. As endorsement of the superpredator stereotype increased, so did support for these practices. Offenders who murdered an abusive parent were shown more leniency. Older offenders were generally treated harsher, except by people with strong superpredator stereotypes who, on the issue of LWOP appropriateness, did not distinguish among juveniles of different ages. Findings suggest that stereotypes can influence judgments in cases involving juveniles and indirectly affect policy-making about juvenile offending.     

Assessing children's competency to take the oath in court: The influence of question type on children's accuracy

This study examined children's accuracy in response to truth-lie competency questions asked in court. The participants included 164 child witnesses in criminal child sexual abuse cases tried in Los Angeles County over a 5-year period (1997-2001) and 154 child witnesses quoted in the U.S. state and federal appellate cases over a 35-year period (1974-2008). The results revealed that judges virtually never found children incompetent to testify, but children exhibited substantial variability in their performance based on question-type. Definition questions, about the meaning of the truth and lies, were the most difficult largely due to errors in response to "Do you know" questions. Questions about the consequences of lying were more difficult than questions evaluating the morality of lying. Children exhibited high rates of error in response to questions about whether they had ever told a lie. Attorneys rarely asked children hypothetical questions in a form that has been found to facilitate performance. Defense attorneys asked a higher proportion of the more difficult question types than prosecutors. The findings suggest that children's truth-lie competency is underestimated by courtroom questioning and support growing doubts about the utility of the competency requirements.     

Press articles and influence processes: the different effects of incriminating information and crime story information on judgments of guilt

The present study examines how potential jury members' judgments are affected by two types of information provided by the media: (1) information that is directly incriminating for the accused and (2) crime story information, that is, information about the events of the crime but not directly pertaining to the defendant's innocence or guilt. Although the influence of directly incriminating information has been widely researched, the effect of crime story information has never been studied. Our objective was to test the hypothesis that incriminating information affects judgments directly, whereas crime story information affects judgments indirectly via the arousal of negative emotions. We did this by coding the two types of information in 78 press articles about a criminal trial heard in France. Participants (N = 312) were asked to read the articles and then indicate their anger arousal and give their judgment about the accused. The results support our hypothesis. We conclude by discussing the contribution of our findings to research into the media's influence on legal cases.     

Assessing the Relative Importance of the Child Sexual Abuse Interview Protocol Items to Assist Child Victims in Abuse Disclosure

This study identifies (1) the importance of using the Child Sexual Abuse Interview Protocol for multiple disciplines to obtain detailed information of what the alleged child victims say and claim, and (2) the concurrence of multiple professionals about the relevance of items in the protocol in their practice. A survey with 100 items based on the Child Sexual Abuse Interview Protocol was self administered by 36 professionals working at a child advocacy center including administrators, attorneys, child advocates, support persons, physicians, police, psychologists, and social workers. These respondents unanimously felt it was very important for interviewers to complete two specific items during the course of an investigative interview: “showing the interviewer is listening to the child” and “showing patience with the child.” As indicated by the average rating scores, 89 items were perceived between very important and important, and nine items as somewhat important. No item on this scale was rated as doesn’t matter or unimportant. Social workers and police officers did not differ significantly in their ratings of the importance of these items. Both quantitative and qualitative results support four major considerations when using an interview guide: 1) flexibility in opening and closing the interview, 2) professional and appropriate use of the anatomical dolls, 3) assessment of the age and mental state of the child, and 4) determination of the order of questions based on severity of incidents. This study provides data to identify the importance of using a comprehensive interview protocol for multidisciplinary professionals who work with alleged victims of child sexual abuse. The use of these 100 items will enhance the effectiveness of conducting a one-time interview to avoid repeated interviews. This study that was originally aimed at comparing differences among professionals has, in fact, demonstrated the similarities across disciplines, as agreement among various professional groups was substantial. This finding dissolves the myth that multiple disciplines brought forth diverse opinions and instead encourages the “working together” concept of a team.     

Do Jurors “Know” What Isn’t So About Child Witnesses?

Are expert witnesses needed in child sexual abuse cases to educate jurors about children’s memory, suggestibility, and reactions to abuse, or do jurors already know what such experts could tell them? To cast light on this question, we surveyed jurors and jury-eligible college students and compared their beliefs with what is known via scientific research regarding children’s memory and ability to testify, reactions to interrogation, and reactions to sexual abuse. We also asked participants to infer results of four widely cited studies of children’s suggestibility. Participants’ beliefs were consistent with findings from research on some issues (e.g., that children can be led to claim that false events occurred) but diverged from the scientific consensus on other issues (e.g., whether children can remember painful events in infancy). Similarly, participants sometimes overestimated and sometimes underestimated the level of suggestibility observed in empirical studies. Individual differences in accuracy were related to participants’ gender, education and ethnicity, and there was considerable disagreement among participants on many questions. Implications of findings for the admissibility of expert testimony in child abuse cases are discussed.     

Can a witness report hearsay evidence unintentionally? The effects of discussion on eyewitness memory

Abstract

When eyewitnesses are exposed to misinformation about an event from a co-witness, they often incorporate this misinformation in their recall of the event. The current research aimed to investigate whether this memory conformity phenomenon is due to change in the witness's memory for the event, or to social pressures to conform to the co-witness's account. Participants were shown a crime video and then asked to discuss the video in groups, with some receiving misinformation about the event from their discussion partners. After a one-week delay some participants were warned about possible misinformation before all participants provided their own account of the event. In Study 1, participants made remember/know judgments about the items recalled, and in Study 2 they indicated the source of their memories. Co-witness information was incorporated into participants’ testimonies, and this effect was not reduced by warnings or source monitoring instructions, suggesting memory change may have occurred. However, there was some indication that remember/know judgments may help distinguish between ‘real’ memories and co-witness information.     

Toward general principles of managerial fairness

The present study identified the principles employees use for judging a broad range of managerial actions. A cross-sectional sample of 44 executives were asked to describe recent fair and unfair treatment in seven areas of management responsibility: planning, staff development, delegating, motivating, coordinating, daily activities, and representing the organization to the public. These responses were coded to yield 16 rules guiding judgments about perceived managerial fairness. Aggregation of these rules yielded six major clusters of fairness concerns. The paper describes these clusters in detail and highlights their potential usefulness to a broader understanding of the complex nature of procedural fairness judgments in organizations.     

What would they do? Latino church leaders and domestic violence

Understanding what Latino church leaders believe about domestic violence, and what they do when they confront it, is a key step in developing programs to help them engage in domestic violence prevention and intervention activities in their congregations. This article presents the findings from an exploratory study of 28 Latino church leaders. The study surveyed respondents' beliefs about domestic violence and asked for their reactions to three domestic violence vignettes they might encounter. We found that study participants were willing to respond to cases of domestic violence in what we would define as constructive ways. However, some responses suggested potentially unsafe and ill-advised reactions to the vignettes. We discuss our study's implications for practice and suggest future directions for additional research.     

Fairness in Child Support Assessments: The Views of Non-resident Fathers in Norway

This article investigates the attitudes of non-resident fatherstowards principles for child support payments in Norway. Twoquestions are asked: first, how well do the attitudes of thefathers correspond to those promoted by the political elite?and second, what characteristics of the fathers’ situationinfluence their attitudes? Data are found in a quantitativesurvey carried out in 2001–02. The analysis show thatfathers overwhelmingly support the principle that levels ofcontact should influence the level of child support, and thatneither parent must gain financially from the settlement. Thisis in tune with the intentions of the 2001 Norwegian child supportreform. The factors that most strongly influence attitudes arethe relationship with the mother (friendly or not), and, insome aspects, the time since the break-up. There is a slighttendency towards fathers embracing the arguments that can beused in their specific situation, but this appears to be mediatedby other factors.     

Judging risk: key determinants in British domestic violence cases

Data from the largest study to date of the working practices of British victim support workers (known as Independent Domestic Violence Advisors or IDVAs) are used to provide insight into how "risk judgments" are made in cases of domestic violence. Using data from more than 2,000 victims, this study found a convergence between actuarial data and IDVAs' risk judgments when the risk score was high, but in cases with a lower risk score, IDVAs often used their professional judgment to upgrade risk. Next, we identified the specific factors underpinning IDVAs' risk judgments. Consistent with existing research, we found that IDVAs relied on a subset of available information when forming risk judgments, and characteristics of the abusive situation, such as the escalation of violence, use of weapons, stalking, and significant injuries, were particularly salient to them. Furthermore, IDVAs paid attention to victims' perceptions and when they felt very frightened or afraid of further injury then IDVAs were more likely to label them as high risk. Although we identified some encouraging overlap between the subset of factors informing risk judgments and those associated with victims' reabuse at a later date, some notable differences indicate a need for messages from research about the significance of particular risk factors to be reinforced to frontline practitioners on a regular basis.     

The legal basis for ethical withholding and withdrawing of life-sustaining medical treatment in children

Withholding and withdrawing life-sustaining medical treatment are common in paediatric practice, especially in intensive care units. However, not all clinicians apparently adhere to principles in ethical guidelines or to the principles which are to be found in judgments from common law cases arising when doctors and parents dispute treatment. This article examines selected ethical guidelines and compares them to judgments in leading cases. The rationale to forgo treatment is usually the child's "best interests" in both clinical practice guidelines and legal cases but in the former "best interests" may remain ill defined. Although "best interests" must essentially pertain to the individual child, the interests of others are not irrelevant. In legal cases "best interests" of the child are defined in terms such as "burden versus benefit", "futility", "indignity", "intolerability", "prolonging death rather than saving life" and "quality of life". These or like terms should form the basis of ethical decisions in discussions with parents when contemplating withholding or withdrawing life-sustaining treatment.     

Perspective and procedural justice: Attorney and litigant evaluations of court procedures

A comparison of the procedural justice judgments of attorneys and those of lay people judging the same procedures offers an opportunity to generate new information on what factors affect judgments of fairness. In a survey of reactions to conventional and innovative procedures in a United States district court, attorneys and lay people involved in tort and contract cases were asked to judge the overall fairness of court procedures and the fairness of specific procedures used in arbitration hearings. The respondents were also asked for their judgments concerning the favorability of the procedure's outcome, the opportunity to have the case heard and decided by an impartial third party, and their side's control over what happened in the case, all of which are factors found in previous studies to affect procedural fairness judgments. The results showed that, while attorneys gave higher overall fairness ratings than did litigants, the difference was not affected by the procedure assigned to the case. In addition, attorneys and litigants appeared to use the same standards to evaluate the fairness of procedures, although they disagreed about where the procedures they experienced fell on these dimensions. The theoretical and practical implications of the results are discussed.     

The endorsement of cognitive distortions: comparing child pornography offenders and contact sex offenders

This study examined the endorsement of cognitive distortions in child pornography offenders (CPOs), using an established assessment tool, the Abel and Becker Cognition Scale. The scale was expanded to include cognitions specific to child pornography offending, extracted from Howitt and Sheldon's Children and Sexual Activities Inventory (C&SA). Three samples of CPOs, child sex offenders and offenders with both offence types responded to the cognition items. An exploratory Principal Component Analysis suggested six main components of the scale. CPOs were significantly less likely to endorse these statements in general, and this was more pronounced on items that project blame onto the child or other people, describe a need for power and consider children as sexually active. The statements extracted from C&SA did not differentiate between the groups. These findings are discussed under consideration of the relationship between cognitive distortions and contact sex offending, and in reference to the general criticism concerning the definition and appropriate measurement of cognitive distortions.     

基于法律原则的裁判

基于法律原则的裁判需依次解决以下三个问题:如何识别与个案相关的法律原则;如何处理原则与规则的适用关系,或者说在何种情况下,允许裁判者依据法律原则得出判决;如何解决原则之间的冲突问题,亦即能否籍由原则权衡获取法律上的“唯一正解”。现有的裁判理论对这三个问题作了不同回应,但欠缺可靠的操作程式。究其根源,是因为原则裁判的实质,是裁判者在规则穷尽之际,选择并依据法律体系内的价值判断为个案判决提供合理化论证;然而一旦涉及到价值判断,裁判就有主观、恣意和片面的可能。     

The influence of personal history of abuse and gender on clinicians' judgments of child abuse

Two extra-legal factors were examined for their influence on professionals' decisions to report child abuse: having been abused as a child oneself, and the gender of the child, the parent, and the professional. One hundred and one men and women who worked regularly with children in mental health settings rated a series of scenarios presented as cases from a protective service agency. Participants made several judgments regarding the case including the severity of the parent's behavior, the likely effect on the child, whether the situation was abusive, and whether the case should be reported to a social service agency. Despite some interpretive limitations, the results generally support the hypothesis that extra-legal factors influence the perceptions of professionals who are mandated to report a suspected incident of abuse.     

Detecting Deception in Children's Testimony: Factfinders' Abilities to Reach the Truth in Open Court and Closed-Circuit Trials

This study examined the influence of closed-circuit television (CCTV) on jurors' abilities to detect deception in children's testimony. Children ages 7–9 individually played games and made a video movie with a male confederate. In the guilty condition, stickers were placed on exposed body parts (i.e., the child's arm, toes, and bellybutton). In the not-guilty and deception conditions, stickers were placed on the child's clothing rather than on bare skin. Approximately 3 weeks later, mock jurors recruited from the community viewed child participants testify either in a traditional courtroom setting or via one-way CCTV. The mock jurors responded to questions about the child witness and the defendant as well as deliberated to reach a verdict. Children in the deception condition were asked to testify as if the stickers had been placed on exposed body parts rather than on their clothing. Predeliberation, jurors were less likely to convict when a child testified in the deception condition as opposed to the guilty condition. These differences disappeared following deliberation. There was no support for the notion that jurors reach the truth better when children testify in open court versus via CCTV. Implications for jurors' abilities to reach the truth are discussed.     

Predictors of Child Abuse Potential Among Military Parents: Comparing Mothers and Fathers

The present study examines the predictors of child abuse potential for at-risk fathers and mothers serving as active duty Army members and their spouses. Although fathers are perpetrators of child physical abuse and neglect in a substantial portion of reported cases, what is known about factors associated with child maltreatment comes almost exclusively from studies of perpetrating mothers. Thus, the inclusion of a large sample of fathers in the present study makes a significant contribution to the extant literature. Participants were 175 fathers (93% active-duty) and 590 mothers (16% active duty) of young children enrolled in an Army-sponsored home visitation program. Regression analyses indicated that there were both common and unique predictors of child abuse potential for mothers and fathers. Common predictors included depression, parental distress, and family conflict. Low family expressiveness was predictive only for fathers, whereas marital dissatisfaction, low social support, and low family cohesion were predictive only for mothers. Possible reasons for these gender differences and the implications of these results for child maltreatment interventions are discussed.     

PROFILING AND POLICE LEGITIMACY: PROCEDURAL JUSTICE,ATTRIBUTIONS OF MOTIVE,AND ACCEPTANCE OF POLICE AUTHORITY*

This paper reports the results of four studies that investigate racial profiling as an attribution about police motives. Each study explores, first, the types of police behavior that heighten or lessen the occurrence of profiling attributions and, second, the consequences of such attributions. Results support prior studies in finding that judgments about whether the police are profiling are associated with the level of public support for the police. The studies then extend the analysis of subjective profiling judgments by examining their antecedents. The findings support the procedural justice hypothesis that the fairness with which the police exercise their authority influences whether members of the public view the police as profiling.