From devil’s advocate to crime fighter: confirmation bias and debiasing techniques in prosecutorial decision-making

ABSTRACT

This research examines the role of confirmation bias in prosecutorial decisions before, during and after the prosecution. It also evaluates whether confirmation bias is reduced by changing the decision maker between arrest and prosecution. In Experiment 1, Swedish prosecutors (N?=?40) assessed 8 scenarios where they either decided themselves or were informed about a colleague’s decision to arrest or not arrest a suspect. Participants then rated how trustworthy the suspect’s statement was as well as the strength of new ambiguous evidence and the total evidence. They also decided whether to prosecute and what additional investigative measures to undertake. In Experiment 2 the same method was used with Law and Psychology students (N?=?60). Overall, prosecutors’ assessments before the prosecution indicated that they were able to act as their own devil’s advocate. Also, their assessments while deciding about whether to prosecute were reasonably balanced. However, after pressing charges, they displayed a more guilt-confirming mindset, suggesting they then took on the role as crime fighters. This differed from the student sample in which higher levels of guilt confirmation was displayed in relation to arrested suspects consistently before, during and after a prosecution decision. The role of prosecutors’ working experience is discussed.     

Police confirmation of use of force in Australia: ‘To be or not to be?’

Despite significant transgressions during encounters with Indigenous peoples and marginalised groups, all six state police organisations in Australia espouse the principle of minimum force and identify service and crime prevention as paramount in community interaction and intervention. This article offers some insight and perspective of police talk and thinking about the potential use or avoidance of force. The four Victoria Police focus groups, when confronted by the specific police use of force scenario, speak of the adrenalin rush and the need to achieve results, if reasonable and necessary by force, but also of the desire to control the situation and follow proper police procedures. Officers support ‘Safety First’ principles that advocate a cautionary and suspicious approach to the scenario combined with rational and methodical tactics rather than emotional responses. The reflective talk of individual officers about the hypothetical situation parallels actual behaviour when police collectively and visibly confront public disorder. Control and containment of the situation—whether the scenario or a major crowd disturbance—are paramount while time, in the form of acting slowly and adopting a low-key approach, can be seen as assets in achieving objectives. In both the scenario and police planning for collective action, a readiness to threaten force, rather than actually employ it, appears central to police thinking. Police justification of non-coercive tactics in certain situations can be revealing about their thinking processes in justifying force in other circumstances.

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Obstacles to dependent health care access in Oregon: health insurance or health care?

In the 1980s, Oregon was one of a handful of "states that could not wait" for national health care reform. Oregon's chosen approach to reform was predicated on two widely accepted assumptions. First, universal access to health care is best achieved by universal access to health insurance. Second, universal access to health care could best be achieved, at least politically, by incrementally building upon the existing health care delivery and insurance system. This article questions both of these assumptions in light of Oregon's decade-long experience in trying to expand access to health care among its dependent population.     

Immigrants’ interaction with the police in Finland: Is it distorted or inflammatory?

One enduring conflict area in police–minorities relations is the distrust of the police by minorities and consequently, the low level of confidence in the police among racial minorities. This stems from the impact of race in policing; and the perception that racial discrimination is a feature of criminal justice systems across the world has intensified. Moreover, race controversy is not new in police work. It is against this background that many police establishments are becoming increasingly frustrated by ethnic minority /immigrant allegations that they are being singled out as easy targets for police stop and search practices. In Finland, however, only little is known about immigrants’ views of police interaction, and perceptions of police discrimination in the country. Moreover, the police force in Finland may also be characterised by discriminatory mechanisms which are found in police institutions of other Western states where there has been more extensive research on the issue. The aim of the present study is to examine the attitude of immigrants toward the police by seeking to place the patterns of immigrants’ interaction with the police into context using their experiences as the basis of the analysis. The study also evaluates the impact of “ethnicity” in immigrants’ police experiences in our attempt to better understand how immigrants are subjected to stereotypical behaviour within the criminal justice system despite the fact that the police are tasked with carrying out their mandate to protect every citizen in the country. Thus, the interactions of immigrants with the police are our focus of analysis in our quest to understand new challenges brought about by the new immigrants in Finland. One thing is certain, however: police are not immune from racial conflict; as they continue to operate within our societies regardless of the ethnic composition of the country must be considered as a major policy issue of legal analysis. Therefore, the cultural and contextual nature of immigrants’ interaction with the police and the author's analysis will serve as the basis for assessing what may be required to ensure that discrimination is eliminated from the criminal justice system in the country.     

Socialization or prisonization? Utilizing Sykes’ “pains of imprisonment” to examine deprivations in America’s public schools

Highly publicized incidents of serious school violence have resulted in the enactment of numerous rules and regulations, many of which are overly restrictive in nature. These restrictive policies are based on an unsubstantiated belief that school violence has become a national epidemic. Further, while offered under the guise of safety and security, these policies have resulted in the limitations of students’ rights. The purpose of this paper is to explore those limitations. Utilizing Sykes’ typology, “pains of imprisonment”, we discuss the deprivations that exist within the school institution. Recommendations for seeking a balance between the rights of students and the needs of school administrators to maintain a safe school environment are also offered.

White-Collar Crime in Socialism: Myth or Reality?

Previous research on the determinants of police expenditures has not risen to the level of empirical understanding in large part because it has failed to explain substantively important variation among local jurisdictions. This suggests a need to reevaluate research strategies and to examine closely those cases which cannot be predicted using traditional, social, economic, and environmental approaches. Incorporating deviant case analysis, the authors outline an alternative approach to determine whether policy maker variables should be added to more broadly based models.     

Violence against women in video games: a prequel or sequel to rape myth acceptance?

Current research suggests a link between negative attitudes toward women and violence against women, and it also suggests that media may condition such negative attitudes. When considering the tremendous and continued growth of video game sales, and the resulting proliferation of sexual objectification and violence against women in some video games, it is lamentable that there is a dearth of research exploring the effect of such imagery on attitudes toward women. This study is the first study to use actual video game playing and control for causal order, when exploring the effect of sexual exploitation and violence against women in video games on attitudes toward women. By employing a Solomon Four-Group experimental research design, this exploratory study found that a video game depicting sexual objectification of women and violence against women resulted in statistically significant increased rape myths acceptance (rape-supportive attitudes) for male study participants but not for female participants.     

Ready to leave the ivory tower?: Academic scientists’ appeal to work in the private sector

This study investigates the factors that shape the attitudes of scientists toward starting their own business or working in a private sector firm. The analysis is based on data collected from scientists working in the German Max Planck Society, a research institution devoted to basic science. We find that the scientists’ attractiveness of working in a private sector firm or of starting their own business differ considerably according to their academic discipline and the self-reported commercial potential of their research. The ability to take risks, prior work experience in private firms, and personal experience in cooperating with industry lead to a positive attitude towards switching to private sector employment or entrepreneurship. Strong willingness to freely distribute research findings is related to a low appeal of private sector work.