The dynamite charge

When juries report they are deadlocked, judges may deliver a supplemental instruction known as thedynamite charge which urges jurors to reexamine their views in an effort to reach a unamimous verdict. To examine the impact of this instruction, 72 mock jurors were led to believe they were participating in a controlled deliberation by voting and passing notes. Subjects were randomly assigned to the majority or minority faction of a 3-to-1 split. After the third round of deliberation, half the subjects received the dynamite charge, half did not. Results provided support for the hypothesis that the dynamite charge causes jurors in the minority to feel coerced and to change their votes and encourages those in the majority to exert increasing amounts of social pressure. These findings are discussed for their practical implications, limitations, and directions for further research.We would like to thank Rebecca Buchanan and Craig Gangi for their role as experimenters in a pilot study.     

Severity of penalty,seriousness of the charge,and mock jurors' verdicts

It has been suggested that jurors in criminal trials are less likely to convict when the penalty is more severe or the charge is more serious. This was explained by Kerr (1975) in terms of a perceived increase in the cost of a Type I error (convicting an innocent person) that resulted in a criterion shift in the amount of evidence jurors required to vote guilty. The previous research found only weak support for the prediction regarding severity but consistent support for the predicted effect of seriousness. However, in the case materials used in these studies, more evidence was legally required to prove guilt on the more serious charges. This article presents studies in which the amount of evidence needed to prove guilt was equated for all charges. Under these circumstances, there was no effect on verdicts of seriousness of charge or severity of penalty and no evidence of a criterion shift due to either variable. There may still be reason to believe that these factors affect real juries, but this belief is not supported by the systematic evidence from mock jury studies.     

On the selection of capital juries

Death qualification may bias capital juries not only because it alters the composition of the group “qualified” to sit, but also because it exposes them to an unusual and suggestive legal process. This study examined some of the effects of that process. Subjects were randomly assigned to one of two conditions in which they were exposed to standard criminalvoir dire that either included death qualification or did not. Subjects who were exposed to death qualification were significantly more conviction prone, more likely to believe that other trial participants thought the defendant was guilty, were more likely to sentence him to death, and believed that the law disapproves of death penalty opposition. Several psychological features of the death-qualification process are suggested to account for the biasing effects.     

Race and the decision making of juries

The relationship between race and jury decision making is a controversial topic that has received increased attention in recent years. While public and media discourse has focused on anecdotal evidence in the form of high‐profile cases, legal researchers have considered a wide range of empirical questions including: To what extent does the race of a defendant affect the verdict tendencies of juries? Is this influence of race comparable for jurors of different races? In what ways does a jury's racial composition affect its verdict and deliberations? The present review examines both experimental and archival investigations of these issues. Though the extant literature is not always consistent and has devoted too little attention to the psychological mechanisms underlying the influence of race, this body of research clearly demonstrates that race has the potential to impact trial outcomes. This is a conclusion with important practical as well as theoretical implications when it comes to ongoing debates regarding jury representativeness, how to optimize jury performance, jury nullification and racial disparities in the administration of capital punishment.     

Judges,juries, and the decision to convict

The bureaucratic context of criminal prosecution emphasizes efficiency; its legal context emphasizes due process and procedural fairness. This paper focuses on the trial stage of prosecution where both concerns are central. It empirically examines the bench trial, an alternative to the more commonly used plea of guilty and the more traditional trial by jury. A comparison between trial by judge and trial by jury reveals striking differences in determinations of guilt. These differences have implications for commonly held assumptions about both jury and judicial behavior.     

Meta-analysis of mock crime studies of the control question polygraph technique

A review of results obtained from standard guilty and innocent treatment conditions in 14 mock crime studies of the control question polygraph technique revealed accuracies ranging from chance to 100% correct. The present study examined several factors that may have contributed to the observed variability in detection rates across studies. Those included sampling error, differences in the populations from which subjects were drawn (Subjects), differences in the nature of incentives provided to subjects for passing the polygraph test (Incentives), and differences in the methods for diagnosing truth or deception (Decision Policy). A meta-analysis revealed that approximately 24% of the variance in detection rates could be attributed to sampling error, and detection rates were correlated with types of Subjects (r=.61). Incentives (r=.73), and Decision Policies (r=.67). The highest diagnostic accuracies were obtained from nonstudent subject samples, when both guilty and innocent subjects were offered monetary incentives to convince the examiner of their innocence, and when conventional field methods were used for interpreting the physiological recordings and diagnosing truth and deception. Together, differences in Subjects, Incentives, and Decision Policies may account for as much as 65% of the observed variance in detection rates. The present findings highlight the importance of conducting mock crime experiments that closely approximate field conditions.     

心理测试技术中题目结构及相关因素对模拟犯罪测试的影响与研究

目的考查题目结构及相关因素对心理测试(测谎)技术的影响。方法通过对总数达到216人的被测人进行模拟犯罪心理测试,以CQT和CIT的基本测试结构为核心,分别对4种题目结构的测试效果进行了分析评判。结果主要比较了题目结构对模拟犯罪测试的影响,同时对各种相关因素进行了分析讨论。结论测试需要一个比较优化的题目结构才能有效避免失误率的增加。     

Social junk,social dynamite and the rabble: Persons with AIDS in jail

The issues surrounding AIDS in corrections have forced administrators to develop policy which accurately reflects the realities of the AIDS crisis. Moreover, administrators must base their policy decisions on available research findings, much of which is generated by government agencies and research policy groups. Whereas this research does serve the proper function of guiding policy, it is somewhat removed from the theoretical implications that AIDS has to societal reaction and social class. This article introduces a theoretical framework comprised of Irwin’s (1985) concept of the rabble and Spitzer’s (1975) notes on social junk and social dynamite. In addition to discussing this framework as it relates to social metaphors and social control, the implications to correctional policy are also be presented. The author gratefully acknowledges Marie Mark for her assistance in preparing the final version of this article.     

Prediction of first ballot mock jury votes by the Analytic Juror Rater

Two scales of Abbott's (1987) Analytic Juror Rater (AJR) were used with 24 mock jurors to predict first ballot mock jury votes. Each participant observed one of two mock trial proceedings involving an actual second degree murder case. In a moot courtroom, they heard arguments from attorneys and witnessed examination of the defendant and actors portraying witnesses. The Cosmopolitan Lifestyle Scale of the AJR successfully predicted first ballot votes of participants (p<.02), while the Non-Authoritarian Scale showed a non-significant trend in the hypothesized direction. It was concluded that, in cases where evidence is not strong, the AJR may lend modest assistance to the attorney using peremptory challenge to eliminatevenire members who may be biased against a defendant.     

A mock juror investigation of blame attribution in the punishment of hate crime perpetrators

We examined blame attribution as a moderator of perceptions of hate crimes against gay, African American, and transgender victims. Participants were 510 Texas jury panel members. Results of vignette-based crime scenarios showed that victim blame displayed significant negative, and perpetrator blame significant positive, effects on sentencing recommendations. Also as hypothesized, victim and perpetrator blame moderated the effect of support for hate crime legislation. Interaction patterns suggested that both types of blame attribution influence sentencing recommendations, but only for participants disagreeing with hate crime legislation. Three-way interactions with victim type also emerged, indicating that the effects of both types of blame attribution show particular influences when the victim is gay, as opposed to transgender or African American. Implications for attribution theory, hate crime policy, and jury selection are discussed.     

The design and assessment of mock mass disasters for dental personnel

Mass disasters represent a significant challenge for dental personnel who are frequently called upon to provide identifications. Recently-published materials have highlighted the need to prepare such groups for the disaster challenge and to report inadequacies in existing preparation methods with an emphasis on team integration, organization, and the psychological and emotional effects of such work. Many studies have retrospectively reported errors that have been made in disaster situations, but few have addressed the issues proactively. In an effort to provide a prepared team of dental members, a mock disaster exercise (Operation: DENT-ID) is conducted annually in Vancouver, Canada. The present study analyzes the effectiveness of this exercise in relation to team organization, assessment of preparedness, and the emotional and psychological issues. An index of preparedness is developed and described. This index, in the form of a questionnaire, can be given to participants in mock disasters to assess the effectiveness of such exercises. While the focus of this paper is on the assessment of dental personnel, the indices and methods used can be applied to any group working within the disaster team. Results indicate that the increase in preparedness as a result of the exercise was highly significant.     

Examination of the stability and consistency of investigative interviewer performance across similar mock interview contexts

Purpose. Three studies examined the degree to which investigative interviewers' adherence to best‐practice guidelines is consistent across similar mock interviews. Method. In each study, two interviews were administered within a period of several hours. Further, group and individual stability of interviewer performance was analysed, and performance was measured by calculating the proportion of open‐ended and leading questions as well as the presence of predetermined problem behaviours. The studies varied depending on the type of interview paradigm employed. Interviewer performance in Study 1was measured in a group context where participants rotated between the role of interviewer, child respondent, and observer. In Study 2, an adult played the role of a child recalling abuse but this occurred in isolation (participants did not observe others or play the child). Study 3 was similar to Study 2 except that in each interview an unfamiliar child aged 5–7 years recalled an innocuous event. Results. Interviewer performance was relatively stable across tasks, although the strength of the relationship between measures varied across analyses. Improvement in open‐ended question usage occurred in Study 1 but not Studies 2 and 3. Irrespective of the assessment context, the dichotomous rating scale yielded greater consistency than when questions were tallied. Further, group stability overestimated individual stability. The practical implications of these findings for trainers and researchers are discussed.     

The impact of general versus specific expert testimonyand eyewitness confidence upon mock juror judgment

Subjects (n=128) initially viewed an eyewitness of high or low confidence. Subsequently, participants viewed a psychologist who gave either espert testimony on the unreliability of eyewitness identification, specific expert testimony, or no expert (control) testimony. Subjects viewing expert testimony believed the eyewitness identified the gunman significantly less often, gave the defendant lower guilt ratings, estimated a lower general percentage of correct identifications under similar circumstances, estimated a lower percentage of general accurate eyewitness testimony, and gave significantly lower ratings to the belief that one can generally tell from eyewitness confidence whether an eyewitness is accurate than subjects in control conditions. Significant differences were also obtained between general and specific expert testimony. Participants viewing specific expert testimony estimated lower general percentages of correct identifications under the circumstances of the crime and reported relying more upon the psychologist's testimony than subjects viewing general expert testimony. Additionally, subjects viewing general expert testimony had significantly less confidence in their gunman vs. innocent person decision than subjects in specific testimony or control conditions. Subjects who viewed the high confidence eyewitness decided that the eyewitness correctly identified the gunman more often, gave the defendant higher guilt ratings, and estimated the general percentage of accurate eyewitness testimony to be significantly higher than jurors in low eyewitness confidence groups. The finding that jurors may continue to rely on eyewitness confidence to gauge the accuracy of the witness even after viewing expert testimony is discussed.     

The effect of evidentiary factors on charge reduction

The practice by prosecutors of basing guilty plea concessions on evidentiary considerations is highly controversial. Observational field studies suggest that this is a common practice and that there is a strong inverse relationship between the strength of the prosecution's case and concessions that a defendant is offered. However, there has yet to be an explicit test of this hypothesis. This study examines the relationship of evidentiary factors to charge reduction using data from the Prosecutor's Management Information System (PROMIS) for the District of Columbia. The analysis indicates that the expected relationship does exist but is not as strong as some suggest and varies by the type of offense. It also suggests that this practice is part of a routine adjudicatory procedure, particularly for property crimes, and that there is a need to scrutinize more closely the fact-finding function of the guilty plea.     

“... By a jury of his peers” — The issue of multi-racial juries in a poly-ethnic society

Conclusion Thus the conclusion should be to introduce a wider measure of participation by ethnic minorities in the jury service, in that every jury, regardless of the defendant's race or creed, ought to be composed of an appropriate mixture of racial groups according to the distribution of those quotas in the sampling area. The execution of the selection procedure should be left in the hands of the administration and not given to the individual judge in order to avoid any conceivable misuse of judicial powers and to keep the legal system free from yet another issue which might unnecessarily kindle racially founded suspicion, distrust or even hatred with those members of society whose protection a multi-racial jury is designed to serve in the first place.I would like to thankMr. Geoffrey Mercer, Barrister, Exeter, for reading and commenting upon the first draft of the article, and for checking the English.     

Development of a theoretical criteria efectiveness index for the plaintiff lawyer when presenting evidence to juries in civil cases within the American legal system

BA, Ph.D, University of Minnesota, 1952, 1959.     

"家乐福"超市收费的法律分析

大型超市对供货商收取一定的费用在国内、国外都是一个普遍的现象.但是,国外大型超市收取的上架费是以促进创新和产品销售为核心的,而中国大型超市的入场费则演变成以"国际惯例"为幌子的非法行为.本文通过对超市收费的深入分析,揭示了超市收费行为的经济原因,并探讨如何进行法律规制.