When Both Sides are Mistaken: Layperson and Legal Professionals’ Misconceptions of Canadian Suspects’ Legal Rights Upon Arrest

Canadian criminal suspects have notably limited access to legal counsel upon arrest compared to suspects in the U.S. Additionally, prior research has shown significant misunderstanding of police warnings informing suspects of their rights upon arrest. This paper presents three studies on Canadians’ comprehension of criminal suspects’ rights upon arrest, with a focus on the right to counsel. Study 1 (N=80) and Study 2 (N=377) examined Canadian layperson’s comprehension, knowledge, and perceptions of legal rights upon arrest. In turn, Study 3 (N=78) investigated Canadian legal professionals’ perceptions of laypersons’ knowledge of those rights. Results from these three studies indicated there is substantial confusion about the right to counsel for Canadian criminal suspects. These results also support previous research demonstrating problems with comprehension of Canadian police cautions. Taken together, the findings of the present research pose significant concern for an increased risk of false confessions from Canadian suspects who enter an interrogation with limited knowledge and understanding of their legal right to counsel.     

Selecting Lineup Foils in Eyewitness Identification Experiments: Experimental Control and Real-World Simulation

Experimental research on eyewitness identification follows a standard principle of experimental design. Perpetrator-present and perpetrator-absent lineups are constructed with the same foils, so that the two conditions are identical except for the presence or absence of the true perpetrator of the crime. However, this aspect of the design simulates conditions that do not correspond to those of real criminal investigations. Specifically, these conditions can create perp-absent lineups in which the foils are selected based on their similarity to an unknown person--the real perpetrator. Analysis of the similarity relations predicts that when foils for perp-absent lineups are selected based on their match to the perpetrator the false identification rate will be lower than if the foils are selected based on their match to the innocent suspect. This prediction was confirmed in an experiment that compared these two perp-absent lineup conditions. These results suggest that false identification rates in previous experiments would have been higher if the foils had been selected based on their match to the innocent suspect, rather than the absent perpetrator.     

Predicting charges and convictions for rape suspects in Denmark: characteristics associated with the notion of the ‘credible criminal’

In recent years, focus on the high attrition rates and low conviction rates in sexual assault cases in Scandinavia has increased. Attrition refers to the dropout of cases through the criminal justice system. However, only limited research exists on the importance of suspect characteristics for the legal outcomes in these cases. The present study is the first in Scandinavia to investigate legal and extralegal suspect variables relating to charges and convictions in the criminal justice system regarding suspected offenders in rape and attempted rape cases. All reported cases of rape and attempted rape in the Eastern Jutland Police District from 2008 to 2010 with an identified rape suspect (N = 175) were analysed through binary logistic regression analyses to examine which variables might increase the likelihood of charges or convictions. Results show that suspects with one or more prior sexual assault charges were more likely to be charged and convicted of a rape offence. The results of the present study help improve the understanding of the judicial processing of cases of rape from a different perspective than the victims’ and partially lend support to the hypothesis of ‘the credible criminal’ in terms of investigative and prosecutorial decision-making in rape cases.     

Reactions to Crime as a Hierarchy Regulating Strategy: The Moderating Role of Social Dominance Orientation

Across two studies, we demonstrated that support for group-based hierarchies differentially affects evaluation of ingroup and outgroup criminal offenders and that this effect generalizes to overall evaluations of their respective groups. Drawing on social dominance theory, our results show that differential judgments of national ingroup and immigrant outgroup offenders reflect hierarchy regulating strategies. Study 1 (N = 94) revealed that egalitarians (low on SDO) were more lenient toward outgroup offenders and their ethnic group (Arab immigrants) when compared to ingroup offenders and their national group (Swiss citizens). The opposite was true for social dominators (high on SDO). Study 2 (N = 88) replicated the results of Study 1 and further demonstrated that the socio-economic status of the perpetrator did not affect perpetrator group evaluations suggesting that the arbitrary sets of ethnicity or nationality, not education level and employment status, were the important cues for hierarchy-regulating judgments of criminal offenders.     

The information gained from witnesses' responses to an initial "blank" lineup

Wells ("The psychology of lineup identifications," Journal of Applied Social Psychology, 1984, 14, 89-103) proposed that a blank lineup (an initial lineup of known-to-be-innocent foils) can be used to screen eyewitnesses; witnesses who chose from a blank lineup (initial choosers) were more likely to make an error on a second lineup that contained a suspect than were witnesses who rejected a blank lineup (initial nonchoosers). Recent technological advances (e.g., computer-administered lineups) may overcome many of the practical difficulties cited as a barrier to the use of blank lineups. Our research extended knowledge about the blank lineup procedure by investigating the underlying causes of the difference in identification performance between initial choosers and initial nonchoosers. Studies 1a and 1b (total, N = 303) demonstrated that initial choosers were more likely to reject a second lineup than initial nonchoosers and witnesses who did not view a blank lineup, implying that cognitive biases (e.g., confirmation bias and commitment effects) influenced initial choosers' identification decisions. In Study 2 (N = 200), responses on a forced-choice identification test provided evidence that initial choosers have, on average, poorer memories for the culprit than do initial nonchoosers. We also investigated the usefulness of blank lineups for interpreting identification evidence. Diagnosticity ratios suggested that suspect identifications made by initial nonchoosers (cf. initial choosers) should have a greater impact on estimates of the likely guilt of the suspect. Furthermore, for initial nonchoosers, higher confidence in blank lineup rejections was associated with higher diagnosticity for subsequent suspect identifications. These results have implications for policy to guide the collection and interpretation of identification evidence. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Repeated Eyewitness Identification Procedures: Memory,Decision Making,and Probative Value

Two experiments examined the effects of multiple identification procedures on identification responses, confidence, and similarity relationships. When the interval between first and second identification procedures was long (Experiment 1), correct and false identifications increased, but the probative value of a suspect identification changed little; consistent witnesses were more confident than inconsistent witnesses; and the similarity relationships between suspect and foils were unchanged. When the interval between first and second identification procedures was short (Experiment 2), suspect identification rates changed little, but foil identifications increased significantly; confidence for all identifications increased; consistent witnesses were more confident than inconsistent witnesses; and similarity relationships changed such that witnesses were less likely to identify the suspect as being the best match to the perpetrator.     

Recidivism Outcomes for Suburban Mental Health Court Defendants

Mental health courts have recently emerged as one means to reduce the number of persons with mental illness in the criminal justice system. Using a post-test only comparison group design, this study examined rearrest rates for 1 year post discharge among three groups meeting admission criteria for a municipal mental health court. The rearrest rate of defendants who successfully completed the program (N = 351) was 14.5%, compared to 38% among defendants negatively terminated from the program (N = 137), and 25.8% among defendants who chose not to participate (N = 89). This positive result held even when controlling for a range of variables in a Cox regression survival analysis. Factors associated with rearrest are identified for each of the three groups.     

Perspectives on the impact of lineup composition,race, and witness confidence on identification accuracy

This paper addresses a number of issues suggested by the Lindsay and Wells (1980) study on lineup composition and identification accuracy. The interaction between bias in instructions to the witness, presence or absence of the criminal from the lineup, and similarity between the suspect and the lineup foils are discussed. Although Lindsay and Wells suggest that witness confidence has little or no relationship to witness accuracy, it is pointed out that a recent field study found a substantial accuracy-confidence relationship when criminal-present photo lineups were used. There are not yet clearcut findings on the accuracy-confidence relationship in criminal-absent lineups, partially because of ambiguity in the definition of confidence in this situation. Although there is much research on the impact of the race of suspect and witness on identification accuracy, little attention has been paid to the race of the person who constructs the photo or corporeal lineup. Recent research results lead to the prediction of an interaction between all three of these factors on identification accuracy, with greatest accuracy when the lineup constructor and lineup members are of the same race and the witness is of a different race. Issues in the applicability of the results of Bayesian analyses to the judicial system are briefly discussed. Potential issues include the tendency to see researchers solely as advocates for the defense, and the tendency of people to disregard statistical summaries such as base rate data and research results when making individual decisions. An additional issue concerns Bayesian diagnosticity ratios (derived from rates of correct and false identifications) which can be logically and statistically equivalent to one another but differ considerably in their legal applications and value relevance.     

Training in the Strategic Use of Evidence technique: Improving deception detection accuracy of American law enforcement officers

The Strategic Use of Evidence (SUE) approach is a framework for planning and executing suspect interviews with the aim of facilitating judgments of truth and deception. US law enforcement officers (N = 59) either received training in the SUE approach or did not. Each officer interviewed a mock suspect (N = 59) who had either committed a simulated security breach or had completed a benign task. The officers who received SUE training interviewed in line with the training: They questioned the suspect systematically, withheld the evidence and critical case information until after questioning, and relied on statement-evidence inconsistency to detect deceit. Consequently, SUE-trained interviewers achieved a higher deception detection accuracy rate (65%) compared to untrained interviewers (43%).     

Discrimination Towards Ethnic Minorities: How Does it Relate to Majority Group Members’ Outgroup Attitudes and Support for Multiculturalism

We examined how ethnic discrimination targeting ethnic minority group members would affect majority group members’ attitudes and multiculturalism towards ethnic minority groups in the context of Turkish–Kurdish interethnic conflict. Study 1 (N = 356) demonstrated that the extent to which majorities (Turkish) believed there was ethnic discrimination towards minorities (Kurdish) in the Turkish society was associated with positive outgroup attitudes and support for multiculturalism through decreased levels of perceived threat from the outgroup. Study 2 (N = 82) showed that Turkish participants who read bogus news reports about the prevalence of ethnic discrimination towards the Kurdish were more positive towards this ethnic group (higher levels of support for multiculturalism, culture maintenance, and intergroup contact) compared to participants in the neutral condition. Furthermore, participants who were presented with lower levels of discrimination (few companies have been discriminatory against the Kurdish) were more positive towards Kurdish people than participants who were presented with higher levels of discrimination (most companies have been discriminatory against the Kurdish). Regardless of the intensity of discrimination, information about the prevalence of ethnic discrimination improved majority members’ attitudes towards ethnic minority groups. Practical and theoretical implications of the studies were discussed.     

Comparing females acquitted by reason of insanity,convicted, and civilly committed in Florida 1977–1984

Females who had been acquitted by reason of insanity (N=41), convicted of comparable offenses (N=41), and involuntarily hospitalized without criminal involvement (N=41) were matched for age and race. The psychiatric histories of the acquitted and civilly committed women were similar, and significantly more extensive than the convicted group. The acquitted women had been arrested significantly more often than the civilly committed women but less frequently than the convicted women. Total length of stay (hospitalization or imprisonment) reflected a similar pattern, with civilly commited women hospitalized for the shortest period, acauitted women an intermediate period, and convicted women the longest. Regression-based prediction of length of stay reflected a number of common predictors for the acquitted and convicted women, with offense type one of the most powerful for both groups.     

Instruction Bias and Lineup Presentation Moderate the Effects of Administrator Knowledge on Eyewitness Identification

Pairs (N = 234) of witnesses and lineup administrators completed an identification task in which administrator knowledge, lineup presentation, instruction bias, and target presence were manipulated. Administrator knowledge had the greatest effect on identifications of the suspect for simultaneous photospreads paired with biased instructions, with single-blind administrations increasing identifications of the suspect. When biased instructions were given, single-blind administrations produced fewer foil identifications than double-blind administrations. Administrators exhibited a greater proportion of biasing behaviors during single-blind administrations than during double-blind administrations. The diagnosticity of identifications of the suspect in double-blind administrations was double their diagnosticity in single-blind administrations. These results suggest that when biasing factors are present to increase a witness’s propensity to guess, single-blind administrator behavior influences witnesses to identify the suspect.     

Cultural Cognition and Public Policy: The Case of Outpatient Commitment Laws

What explains controversy over outpatient commitment laws (OCLs), which authorize courts to order persons with mental illness to accept outpatient treatment? We hypothesized that attitudes toward OCLs reflect “cultural cognition” (DiMaggio, P. Annl Rev Sociol 23:263–287, 1997), which motivates individuals to conform their beliefs about policy-relevant facts to their cultural values. In a study involving a diverse sample of Americans (N = 1,496), we found that individuals who are hierarchical and communitarian tend to support OCLs, while those who are egalitarian and individualistic tend to oppose them. These relationships, moreover, fit the cultural cognition hypothesis: that is, rather than directly influencing OCL support, cultural values, mediated by affect, shaped individuals’ perceptions of how effectively OCLs promote public health and safety. We discuss the implications for informed public deliberation over OCLs.     

Written records of police interrogation: differential registration as determinant of statement credibility and interrogation quality

Abstract

The backbone of Dutch criminal procedure is the case file including a large number of written records. In Dutch courts the focus is primarily on evaluation of written records. The written record of police interrogation is a mediated account of the interrogation itself. In this study we explore how individual differences in the production of written records by police officers affect the jurists' evaluation of the suspect's story and of the quality of the interrogation itself. In the first study, five police officers produced written records of one and the same interrogation on video of a denying suspect. In the second study, three of those written records are evaluated by jurists. They are asked to determine story acceptability of the suspect and procedural fairness of the interrogation. Findings show that a short and simple interrogation of a suspect results in written records that are quite different (Study I). It is further shown that these differences affect the jurists' evaluation of some of the core issues addressed in a criminal process (Study II). Implications of these findings are discussed as well as a number of possible ways to improve the current state of affairs.     

Law defining the critical level of driver fatigue in terms of hours without sleep: Criminal justice professionals' opinions and fatal accident data

The aims of the present study were to determine the support among criminal justice professionals for a law that defines the critical limit of driver fatigue in terms of 24 consecutive hours of wakefulness; and to determine how many drivers causing fatal accidents would be potentially covered by such a law. The data included an online questionnaire data collected from 325 criminal justice professionals (96 prosecutors, 129 traffic police officers, and 100 local police officers with experience in traffic surveillance and accident investigations) and the national database of fatal road accidents studied in depth (N = 1871; 2002–2008). The support for such a law was quite low among prosecutors while police officers were more in favor than against it. Only a handful of the (survived) drivers who caused a fatal accident were awake for more than 24 consecutive hours. We discuss several challenges and considerations associated with such a law.