The Effects of Juror Anonymity on Jury Verdicts

This study examined the effects of anonymity on jurors' verdicts and on jurors' feelings of accountability for their jury's verdicts. Twenty four-person anonymous juries and 20 four-person nonanonymous juries rendered individual and group verdicts for three student defendants charged with selling drugs on a school campus. When unanimous guilty verdicts were reached, juries imposed one of five punishments. Finally, jurors completed postdeliberation opinion and accountability questionnaires. As predicted, anonymous juries showed a higher rate of conviction (70%) than did nonanonymous juries (40%) when the evidence against the defendant was strong, supporting the hypothesis that anonymity would have a greater effect for situations in which there was relatively strong evidence of the defendant's guilt. Anonymous juries imposed the harshest punishment (expulsion) significantly more often than did nonanonymous juries. Contrary to predictions from differential self-awareness theory, anonymous juries did not report feeling less accountable than did nonanonymous juries. However, anonymous juries did see the process as significantly more fair than did identifiable juries.     

An Analysis of Miranda Warnings and Waivers: Comprehension and Coverage

Miranda warnings enshrine the constitutional rights of custodial suspects against self-incrimination. However, the wording and sentence complexity of Miranda warnings and waivers vary dramatically from jurisdiction to jurisdiction. This study is the first extensive investigation of Miranda warning variations examining 560 Miranda warnings from across the United States. With Flesch-Kincaid reading comprehension as a useful metric, Miranda warnings varied from very simple comprehension (i.e., grade 2.8) to requiring postgraduate education. Miranda warnings are composed of five components (e.g., silence and evidence against you); marked variations were also observed in the comprehensibility of individual components. On average, the Miranda warning component on "continuing rights" requires a reading comprehension level six grades higher than the comparatively simple expression of the right to silence. Similar analyses were conducted on Miranda waivers. The content of these warnings differed on such issues as communicating (a) when access to an attorney would be granted (e.g., 45.9% specified only "during questioning") and (b) explicitly that indigent legal services were free (e.g., 31.8% directly informed suspects). Finally, the study identified representative Miranda components at different levels of reading comprehension as a template for further research.     

Spanish Translations of Miranda Warnings and the Totality of the Circumstances

Spanish-translated Miranda warnings are administered annually to thousands of Hispanic custodial suspects. In examining 121 Spanish translations and their English counterparts from 33 states, the lengths of Miranda warnings were generally comparable but marked differences were observed in the reading levels for individual Miranda components. The adequacy of Miranda translations varies markedly from minor variations to substantive errors. The most serious problems involved the entire omission of Miranda components; several omissions were observed in the Spanish translations for even the basic rights to silence and counsel. More commonly, Miranda discrepancies involved dissimilar content with a substantial trend toward more information in English than Spanish versions. Findings related to the Miranda translations, different word lengths, and varied reading levels are discussed using the totality of circumstances as its framework.

The relationship between serial sexual murder and autoerotic asphyxiation

This case series documents and examines the association between autoerotic asphyxiation, sadomasochism, and serial sexual murderers. Autoerotic asphyxiation, along with other paraphilias found in this population, is reviewed. Five cases of serial sexual killers who engaged in autoerotic asphyxiation were identified worldwide: four from the United States and one from Russia. Case reports for each are provided. All (100%) were found to have sexual sadism in addition to autoerotic asphyxiation. Furthermore, two (40%) had bondage fetishism, and two (40%) had transvestic fetishism, consistent with these paraphilias co-occurring in those with autoerotic asphyxiation. Overall the group averaged 4.0 lifetime paraphilias. Some possible relationships were observed between the offenders' paraphilic orientation and their modus operandi, e.g., all of these serial killers strangled victims-suggesting an association between their sadistic and asphyxiative paraphilic interests. The overlap of seemingly polar opposite paraphilias in this sample--sexual sadism and autoerotic asphyxiation--is explored from a historical and clinical perspective. Multiple commonalities shared between these five offenders and serial sexual murderers in general are addressed. A primary limitation of this study is its small sample size and empirical basis; the results may not be generalizable beyond the sample. The findings from this study support the supposition that crime scene behaviors often reflect paraphilic disturbances in those who commit serial sexual homicides.     

An exploration of incest in the childhood development of serial rapists

This paper explores the phenomenon of male incest in a sample of 41 incarcerated serial rapists. Of 31 men who reported childhood sexual abuse (penetration, exploitation, and/or witnessing), just over half were victims of incest. All incestuous experiences occurred before puberty, and the majority of the experiences were protracted in nature. When compared to nonincest victims of sexual abuse, incest victims were more likely to report parental physical abuse and to describe their childhood family structure at 16 years of age as reconstituted (step-parent present). In all cases in which the step-father was implicated in the abuse, the abuse was of the witnessing variety (i.e., the boy witnessed sexual activity that he found disturbing). Incest victims were significantly more likely than non-incest victims to re-enact sexually abusive behavior within the family. This finding suggests that clinical discoveries of sibling sexual activity should alert clinicians that other incestuous activities may be occurring or have taken place.     

Development and Initial Validation of the Miranda Vocabulary Scale

Miranda vocabulary forms the essential foundation for Miranda comprehension and subsequent decisions to exercise or waive Miranda rights. The purpose of the current study is the development of the Miranda Vocabulary Scale (MVS), designed to evaluate key vocabulary words found in Miranda warnings and waivers across American jurisdictions. A preliminary list of MVS words was refined by expert ratings and by each word’s discriminability between failed and good Miranda comprehension. Miranda and other measures were collected at multiple sites on 376 pretrial defendants. With further refinements, the MVS is composed of 36 words with excellent scale homogeneity and interrater reliability (r = .99). It also demonstrated good convergent and discriminant validity for cognitive abilities and psychological impairment.     

The Role of Suggestibility in Determinations of Miranda Abilities: A Study of the Gudjonsson Suggestibility Scales

Traditionally, high levels of suggestibility have been widely assumed to be linked with diminished Miranda abilities, especially in relationship to the voluntariness of waivers. The current investigation examined suggestibility on the Gudjonsson Suggestibility Scales in a multisite study of pretrial defendants. One important finding was the inapplicability of British norms to American jurisdictions. Moreover, suggestibility appeared unrelated to Miranda comprehension, reasoning, and detainees’ perceptions of police coercion. In testing rival hypotheses, defendants with high compliance had significantly lower Miranda comprehension and ability to reason about exercising Miranda rights than their counterparts with low compliance. Implications of these findings to forensic practice are examined.     

Crime scene staging and its detection

Crime scene staging is a recognized phenomenon within the criminal justice field. This article defines the occurrence for staging, identifies the motives for staging, and identifies the act that precipitated the staging. It reports the results of an exploratory survey of 20 well-versed and highly trained law enforcement officers' experience with staging in fatal and nonfatal incidents, and it reports the most commonly observed forms of crime scene staging. Investigative strategies and indicators of staging are also presented.