Moral Foundations,Intuitions of Justice,and the Intricacies of Punitive Sentiment

Research on punitive attitudes has, so far, focused largely on people's retributive attitudes toward offenders. However, a large theoretical body of research indicates that concerns about different types of offenses and victims may be just as important in structuring punitive attitudes. Particularly, Moral Foundations Theory suggests that distinct punitive attitudes may be based in intuitive moral concerns (“moral foundations”) about offenses that victimize individuals, groups, and the “divine,” referring to bodily purity or sanctity. In this study, I develop measures of what I term “victim‐centered punitiveness,” and use data from a nationwide survey of adult Americans (N = 915) to compare the sources of offender‐ and victim‐centered punitiveness. As expected, different moral foundations shape offender‐ and victim‐centered punitiveness in different ways, suggesting that they have distinct intuitive, moral bases. Other factors, including racial resentment, also have distinct effects on each type of punitiveness.     

How fear of crime affects punitive attitudes

This article investigates different types of fear of crime as predictors for punitive attitudes. Using data from a Germany-wide representative survey (n = 1272) it examines the reliability and validity of survey instruments through confirmatory factor analysis (CFA) and uses structural equation modeling (SEM) to explain variations in the level of respondents’ punitive attitudes. The results show that different emotional and cognitive responses to crime have a distinctive effect on the formation of punitive attitudes. These effects vary significantly depending on socio-demographic factors and assumed purposes of punishment. A crucial observation of the study is that men’s fear of crime works in a different way in the formation of punitive attitudes than women’s fear of crime. The perceived locus of control for the crime threat is a possible explanation for this difference.     

Perceptions of victims and perpetrators in a depicted child sexual abuse case: gender and age factors

This study investigated the roles of respondent, perpetrator, and victim gender on attributions toward a 10- or 15-year-old victim and an adult perpetrator in a hypothetical sexual abuse case. It was predicted (a) that female respondents would be more provictim and antiperpetrator than men, (b) that 10-year-old victims would be deemed more credible than 15-year-olds, and (c) that men would deem a 15-year-old male victim more culpable when child sexual abuse is perpetrated by a female abuser. Three hundred thirty-seven respondents read a 350-word sexual abuse depiction in which victim age, victim gender, and perpetrator gender were varied between respondents. Respondents then completed a 14-item attribution scale, relating to victim blame, perpetrator blame, assault severity, and victim credibility. A series of ANOVAs revealed support for all predictions. Results are discussed in relation to gender role attitudes. Suggestions for future work also considered.     

What drives punitive beliefs?: Demographic characteristics and justifications for sentencing

Punitive attitudes of the general public were the focus of a considerable amount of research. Much of the work focused on the demographic correlates of punitive attitudes and only a limited amount of research focused on how punitive attitudes were justified. That is, what does the public want to get out of punishing criminal offenders? In this research, how a sample of Virginia residents recommended sanctioning five different offenses was examined. Multivariate models were used to assess the relationships between demographic and ideological orientations, punishment justifications, and punitive attitudes. Finally, separate models were estimated for males and females, and African Americans and Whites to explore whether these factors operated differently across groups. The results suggested that in comparison to demographic factors, justifications were relatively strongly linked to punitive attitudes. These effects were similar across subgroups, but there was an interaction suggesting that the relationship between general deterrence and punitive attitudes varied across gender and race. Implications of the study are discussed.     

Restoring the Victim: Emotional Reactions, Justice Beliefs, and Support for Reparation and Punishment

Psychological responses to criminal wrongdoing have primarily focused on the offender, particularly on how (and why) offender punishment satisfies people’s need for justice. However, the restoration of the victim presents another way in which the “psychological itch” that injustice creates can be addressed. In the present article, I discuss two lay theories of how crime victims can be restored: a belief that the harm caused to crime victims should be directly repaired (a restorative justice approach) versus a belief that victim harm should be addressed via the punishment of the offender (a retributive justice approach). These two lay theories are discussed with regard to their emotional and ideological determinants, as well as situational and chronic factors that can affect whether people adopt a reparative or punitive “justice mindset” in dealing with victim concerns (and crime in general).     

Trust and punitive attitudes

The aim of the study reported in this article was to identify how trust influences punitive attitudes, and to find out whether this differs in respect of thieves and corruption offenders. The respondents surveyed in the study reported sentencing preferences that were harsher in the case of corruption offenders than in the case of common thieves. The study demonstrates that punitive attitudes towards thieves and corruption offenders are triggered by different mechanisms: most socio-demographic variables can explain punitive attitudes towards corruption offenders while trust in politicians can explain punitive attitudes towards thieves, but not towards corruption offenders. The study indicates that an examination of general punitive attitudes is not sufficient for understanding the punitive attitudes concerning a particular type of offence. The study also suggests that penal populism regarding non-violent street criminals is unlikely to boost politicians’ approval ratings if trust in politicians is high.     

Situational variables or beliefs? A multifaceted approach to understanding blame attributions

Are victim and perpetrator blame attributions affected more by situational-specific variables or observers’ basic motives and personal beliefs? In three experiments, varying the scenario setting, the effects of victim and participant age, participant gender, sympathy for the victim, trust in the justice system, belief in a just world and acceptance of rape myths were investigated. In total, 877 Swedish adolescents and adults read scenarios reflecting common acquaintance rape situations. Victim age (18 or 31) was manipulated, but did not affect attributed blame. Effects of participant age and gender varied markedly across the three experiments. Sympathy for the victim and acceptance of rape myths were stronger predictors than belief in a just world. Consistently, blame attributions were found to be more affected by personal beliefs than situational-specific variables.     

Examining the judgments of pedophiles in relation to a non-sexual offense

ABSTRACT

Even though pedophilia is not synonymous with child sexual abuse, it remains a highly stigmatized phenomenon. As such, non-offending pedophilic individuals are judged as being dangerous, abnormal, amoral, and in need of punishment. It is unknown, however, whether a pedophilic individual would be judged more harshly than a heterosexual individual and a homosexual individual in relation to a nonsexual, nonviolent offense. This was the aim of the present study. A final sample of 309 participants were recruited online and allocated to one of three sexual orientation conditions. Participants read the same hypothetical crime report (breaking and entering) followed by a suspect profile that was identical across conditions except for sexual orientation. They then provided sentencing and moral character judgements of the suspect. Participants also completed a punitive attitudes scale pertaining to pedophilia. Results showed that the pedophilic individual received harsher judgments relative to the heterosexual individual, but only at higher levels of pre-existing punitive attitudes. These findings suggest that anti-pedophilia stigma can bias judgments about offenses that are not sexual. We argue that this is due to a ‘reverse halo effect’. However, we consider an alternative explanation based on the idea of interpreting information in a schema-consistent manner. Limitations and suggestions for future research are discussed.     

Ageism in the courtroom: mock juror perceptions of elder neglect

The present study explored ageism in a civil court context. In two experiments, male and female undergraduates (Experiment 1; N?=?215) and community members (Experiment 2; N?=?203) read an institutional elder neglect trial summary in which a nursing home was sued for failure to provide the necessary care for an elderly female resident. The trial varied as to who provided witness testimony: the live victim, a recorded deposition from the victim, the victim’s middle-aged niece (Experiments 1, 2), the victim’s elderly floor-mate (Experiment 1), or no testimony was provided (Experiment 2). Across both experiments, higher ageism was negatively associated with pro-victim ratings (e.g. victim memory). Ageism indirectly decreased the likelihood of ruling for the plaintiff through ratings of sympathy for the victim and victim memory (Experiment 1), and defendant responsibility (Experiment 2). Trial ratings did not differ based on whether victim testimony was presented live or via recorded deposition (Experiments 1, 2). The results suggest that jurors’ ageist attitudes may engender negative perceptions of an elderly victim, which can affect the outcome of neglect cases. We discuss the potential for these findings to inform legal proceedings and protection of elderly individuals.     

College Students’ Punishment Perceptions of Online Solicitation of Children for Sex

The present study addresses the perceptions of university students regarding punishments for individuals whom engage in the online solicitation of children for sex. Differences in biological sex and age of victim and sex of offender may influence university students’ views of punishment for this behavior. Using self-reports from a 2?×?2?×?2 factorial survey, the results indicate that respondent sex, political ideology, and offender sex are important factors in explaining punitiveness for engaging in the online solicitation of a child for sex. Interestingly, victim age was shown to not influence punitive perceptions of online solicitation of children for sex. These results are discussed in the context of policy implications.     

The effect of sexual stratification by race on arrest in sexual battery cases

LaFree finds that in most respects officials react more seriously to black assailants who assault white victims than other suspects. Yet paradoxically black assailants who assault white victims are not more likely to be arrested. He explains this apparent inconsistency by proposing that place of incarceration or length of sentence have to do with the seriousness of the offense, whereas arrest has to do with whether the assailant is guilty or innocent. This paper rejects that distinction, arguing that both involve judgments that reflect the influence of similar factors. Several such factors are examined in an analysis of 347 offense reports on sexual battery in Tallahassee over a recent five-year period. The data show that exceptionally cleared cases are the rule in black assailant-black victim (BB) rapes where victims and assailants are mostly acquainted, whereas cases pending predominate in black assailant-white victim (BW) rapes where victims and assailants are mostly strangers. When victims and assailants are acquainted, proportionately more arrests are made in BW rapes than in BB rapes. These findings are consistant with conflict theory’s position that powerful groups enforce sexual-property rules by the differential application of criminal law and punitive sanctions.     

Perceptions of Appropriate Court-Ordered Sanctions for Situational Couple Violence Offenders: A Pilot Study

Over recent decades, social scientists have documented a fluctuation in community members’ perceptions of the appropriate social and legal responses to intimate partner violence. A lack of response to the social problem was followed by a punitive response during the 1980s and 1990s. A therapeutic response in the early 21st century followed. In this pilot study, which is a fully crossed factorial survey, we measured community members’ perceptions of appropriate responses to intimate partner violence, specifically situational couple violence. The analysis of 1,500 judgments showed that most respondents perceived community-based counseling as the appropriate sanction for situational couple violence that results in minor, physical injuries. Perceptions were influenced by victim and offender characteristics, and by the respondents’ characteristics.     

Lay perspectives on legal conundrums

Criminal law remains divided on the question of whether objectivity or subjectivity should be its dominant basis. Does liability begin with an objective act or harm, or with, subjective intent? In the first experiment, dealing with the conundrum of impossible act cases, the question is, Will respondents convict on subjective grounds (where intent to murder is clear), even when amanifest criminal act andharmful consequences are absent? The results show that they do convict, though their subjective preference moderates and even reverses with certain types of mistakes, or when thepotential harm, though not the actual harm, is perceived as high. In the second experiment, dealing with mistaken act and self-defense cases, the question is, Will subjectivity be determinative, or will respondents weigh objectivity more as the mistake gets more unreasonable? The results show that objectivity is weighed heavily, as fears of a plunge into subjective waters prove groundless Without legal guidelines, respondents navigate these conundrums by shifting their objective vs. subjective balance point, guided by good common sense.     

PUNITIVE DAMAGES,CHINESE TORT LAW,AND THE AMERICAN EXPERIENCE

In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that “(w)hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.” As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more radically than the law on punitive damages. While there were once few restraints on the ability of a judge or jury to impose punitive damages in a case involving egregious conduct, today there are a host of limitations embodied in American state and federal law. In many American states, statutes or judicial decisions restrict the ability of a court to award punitive damages by narrowly defining the types of conduct that will justify a punitive award, raising the standard of proof, capping the amount of punitive damages, requiring a portion of a punitive award to be forfeited to the state, or limiting vicarious liability for punitive damages. In addition, under federal constitutional law, the principle of due process limits the imposition of punitive damages by scrutinizing the ratio between compensatory and punitive damages and prohibiting an award to be based on harm to persons other than the plaintiff. An examination of these developments from a comparative law perspective may prove useful to the implementation of Article 47.     

Observer reactions to emotional victims of serious crimes: stereotypes and expectancy violations

Negative observer reactions towards victims may be related to people’s expectations of the characteristics and demeanor of an ideal victim. We examined how expressed emotion, victim sex, and type of victimization influence observers’ perceptions of victim credibility, victim character, and harm. Our hypothesis was that angry victims, male victims, and victims of sexual violence are perceived less positively than sad victims, female victims, and victims of physical violence. Additionally, we anticipated that expectancy violations following expressed agentic/high status, or passive/low-status emotions of the victim would lead to negative reactions. Participants (N?=?335) read a written victim impact statement, by a male or female victim of a sexual or physical assault, in which anger or sadness was expressed. The results show that observers generally respond more negatively to male victims than to female victims, and to victims expressing anger rather than sadness. However, a two-way interaction between expressed emotion and type of crime revealed that expressed emotion only significantly influences character derogation and victim credibility in cases of physical violence. Finally, emotion expectancy violations based on ex-ante expectations lead to derogation and diminished credibility. The discussion focuses on how emotion expectancy violations seem intimately tied to stereotype-ridden features of victimization.     

VULNERABLE VICTIMS,MONSTROUS OFFENDERS,AND UNMANAGEABLE RISK: EXPLAINING PUBLIC OPINION ON THE SOCIAL CONTROL OF SEX CRIME

With the possible exception of terrorists, sex offenders in the United States experience a greater degree of punishment and restriction than any other offender group, nonviolent or violent. Members of the public overwhelmingly support “get tough” sex crime policies and display an intense hostility toward persons labeled “sex criminals.” The theoretical literature has identified three models potentially explaining public opinion on the social control of sex crime: the victim‐oriented concerns model, the sex offender stereotypes model, and the risk‐management concerns model. However, empirical work that directly tests these models is absent. This article addresses that gap by analyzing national survey data that includes measures of the key concepts outlined in the different theoretical models and items gauging support for punitive sex crime laws as well as support for sex offender treatment. The findings provide partial support for all three models but suggest that extant theories can better explain support for punitive sex crime policies than views about sex offender treatment.     

The Effect of Participant Sex,Victim Dress,and Traditional Attitudes on Causal Judgments for Marital Rape Victims

This study investigated the effects of participant sex, victim dress, and attitudes influencing the tendency to blame a marital rape victim. College undergraduates completed the Attitudes toward Marriage Scale, an intervening cognitive task, and a read fictitious scenario of a marital rape incident where the victim was dressed somberly or seductively. Participants then completed a brief questionnaire. As predicted, males rated the victim more deserving of the attack than females. As predicted, the suggestively dressed victim was rated more responsible and deserving than the somberly dressed victim. As predicted, participants holding more traditional attitudes toward marriage were more likely to assign more victim responsibility and deservingness than participants with more egalitarian attitudes. These findings are discussed within an attitudinal framework.     

Goal Conflict in Juror Assessments of Compensatory and Punitive Damages

Recent tort reform debates have been hindered by a lack of knowledge of how jurors assess damages. Two studies investigated whether jurors are able to appropriately compartmentalize compensatory and punitive damages. In Study 1, mock jurors read a trial summary and were asked to assess compensatory and punitive damages in one of three conditions: (a) compensatory damages only, (b) punitive damages for the plaintiff, or (c) punitive damages for the state treasury. Results suggest that jurors who did not have the option to award punitive damages inflated compensatory damages via pain and suffering awards. Jurors were marginally more likely to award punitive damages when the plaintiff was the recipient. Mock jurors in Study 2 read a similar case summary and were asked to assess compensatory and punitive damages. Two factors were varied in Study 2: (a) egregiousness of the defendant's conduct, and (b) the recipient of any punitive damages (the plaintiff vs. a consortium of state funds). Jurors were more likely to award punitive damages when the defendant's conduct was more egregious and when the plaintiff was the recipient. The results suggest leakage between compensatory and punitive damage judgments, contrary to the law's mandate.