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Articles 1 - 25 of 25
Full-Text Articles in Law
An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane
An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane
Student Theses
In this study, we were interested in investigating if the Betaface facial analysis program reliably predicts eyewitness lineup choosing behavior. If face analysis programs are as good or better than human judgements, using them could be a reliably more efficient, reproducible, and equitable basis for choosing fillers and evaluating lineup fairness. We collected 27 datasets from eyewitness researchers and analyzed them to produce Betaface similarity values, which measured the similarity between all the photos in each array. We compared these Betaface data to the identification data from the original studies. Our analysis of the arrays via Betaface yielded data with …
Juror's Perceptions Of Evidence-Based Suspicion, Nicholas Welter
Juror's Perceptions Of Evidence-Based Suspicion, Nicholas Welter
Student Theses
Eyewitness misidentification is a leading cause of wrongful conviction. Although the prior probability of guilt (i.e., pre-identification evidence strength) is the most important factor for predicting a defendant’s actual guilt status and the accuracy of any subsequent eyewitness identification, no study has examined whether it affects juror decisions. This oversight is problematic because when officers place suspects in lineups when there is little evidence connecting them to the crime, it falls on jurors to examine the probative value of identification evidence. Participants (N = 357) watched a mock trial depicting an armed robbery that varied pre-identification evidence (strong vs. …
The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis, Danielle C. Severe
The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis, Danielle C. Severe
Student Theses
In the realm of trial competency evaluations, there are a variety of methods used to evaluate whether an individual is fit to stand trial. Presently, forensic psychologists conduct trial competency evaluations in order to assess one’s ability to stand trial, but for persons with a mental health diagnosis, the generic competency measures are not the most effective means to assess one’s ability to stand trial, as mental health diagnoses impair cognitive functions that are required in judicial proceedings. Forensic psychologists have opted to utilize other assessment methods such as the MacArthur Competence Assessment Tool – Criminal Adjudication [MacCAT-CA] and Fitness …
Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters
Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters
Student Theses
Approximately 90% of justice-involved youth have experienced some form of trauma by the time they become involved in the justice system, and attorneys report being negatively impacted by their work with trauma-exposed populations generally. Yet, research has not focused on how varying degrees of youth trauma can impact attorney decisions and if that differs based on youth race. This study, therefore, explored vicarious trauma and its impact on juvenile defense attorneys, including how an attorney’s experience of vicarious trauma impacts case handling and perception of their youth client and how that differs based on client race and trauma history. We …
Perception Of Police And The Mediation Of Memory Distortion Via Trauma: Body Worn Camera Footage Of An Emotional Police-Citizen Encounter, Arlyn Abreu
Student Theses
This present study calls to question the objectivity of police body-worn camera (BWC) footage. Proponents assume that BWCs will be a panacea in a climate of heightened tensions between officers and communities. In spite of this, our findings challenge the rhetoric, and the purpose BWC is intended to serve. We explored its implications on memory distortion by posing two questions (a) can people come to remember BWC footage as more traumatic than they initially experienced (b) to what degree can external information and internal influences impact peoples' judgment about a traumatic event. We addressed both questions in this two-part study, …
The Paradox Of Salvation: Police-Perpetrated Sexual Violence Against Sex Workers In The United States, Aydan Murphy-Stanley
The Paradox Of Salvation: Police-Perpetrated Sexual Violence Against Sex Workers In The United States, Aydan Murphy-Stanley
Student Theses
This study explores how sex workers in the United States are sexually victimized and potentially traumatized by sexual violence perpetrated by police officers, as well as the paradoxical implications of this violence. A qualitative meta-synthesis was conducted to examine and integrate qualitative literature pertaining to this phenomenon. 10 databases were used to execute the systematic literature search. Only studies that utilized qualitative methodologies, are published in peer-reviewed academic journals, and examined police-sex worker interactions were included. Data from relevant studies was analyzed according to the meta-synthesis method. Police-perpetrated sexual violence against sex workers was identified as a form of sexual …
The Coercion Of The Trial Penalty, Kristen C. Akin
The Coercion Of The Trial Penalty, Kristen C. Akin
Student Theses
Prosecutors, defendants, and defense attorneys must make decisions as to whether to accept a plea offer or proceed to trial every day. Approximately 95% of state and federal convictions result from guilty pleas (Redlich et al., 2017; Thaxton, 2013; Gazal-Ayal & Tor, 2012; Redlich & Shteynberg, 2016; Edkins, 2011; Weatherly & Kehn, 2013; Helm et al., 2018; Gregory et al., 1978). Some estimate this number to be as high as 97% to 99% (Redlich & Bonventre, 2015; Helm et al., 2018). It is also estimated that every two seconds a defendant pleads guilty (Redlich & Bonventre, 2015). In 1980, 19% …
Children’S Ability To Understand And Respond To Wh- Questions About The Mechanics Of Abuse, Kaileigh P. Conti
Children’S Ability To Understand And Respond To Wh- Questions About The Mechanics Of Abuse, Kaileigh P. Conti
Student Theses
One type of forensically-relevant information that can be difficult to obtain is that pertaining to the “mechanics of abuse.” More specifically, information that includes the descriptions of body positioning and clothing placement. Generally, the recommended strategy for questioning children in legal and forensic settings is to use broad invitations (e.g., “Tell me everything that happened”) and wh- questions (e.g., who, what, where, when, why, how). However, when it comes to the mechanics of abuse, there is some conflicting evidence. Some research suggests open-ended wh- questions are best in cases where the mechanics are hard to describe (e.g., intermediate clothing placement) …
Memory Distortion For Footage Of An Emotionally Disturbing Police/Civilian Encounter: Investigating The Influence Of Bias And Trauma, Eric A. Korzun
Memory Distortion For Footage Of An Emotionally Disturbing Police/Civilian Encounter: Investigating The Influence Of Bias And Trauma, Eric A. Korzun
Student Theses
Although body-worn cameras (BWCs) are expected to be objective tools for increasing police transparency and accountability, research refutes the idea that people can objectively view footage. Instead, research shows that people’s personal biases—for example, the extent to which people view the police like themselves, measured by the Identification with Police Scale (IPS; Tyler & Fagan, 2008) —shape how they view and interpret BWC footage (Jones, Crozier, & Strange, 2017). Additionally, studies of memory distortion reveal that people can come to remember traumatic events as worse than they originally experienced (Strange & Takarangi, 2012). Taken together, then, when viewing traumatic BWC …
Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis
Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis
Student Theses
Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …
Juveniles Tried As Adults:The Impact Of Youth Demographic Factors On Juror Perceptions, Denieka Ellis
Juveniles Tried As Adults:The Impact Of Youth Demographic Factors On Juror Perceptions, Denieka Ellis
Student Theses
Abstract: This study explored the impact of defendant age, race and stereotypic crime on verdicts and recommended sentencing of juveniles tried as adults. Previous research shows that jurors enter trial with negative preconceptions and biases of juveniles because they are being tried within an adult venue. These negative preconceptions have led jurors to recommend harsher sentencing for juveniles rather than adults with the same defendant characteristics and criminal history. Crime type and crime severity have also been shown to impact perceptions of juvenile defendants in adult court. However, research has not yet explored the potential impact that stereotypic crime—a crime …
An Examination Of Defense Attorney Knowledge Of Dispatcher Practices In Eyewitness Calls, Elena Christofi
An Examination Of Defense Attorney Knowledge Of Dispatcher Practices In Eyewitness Calls, Elena Christofi
Student Theses
911 dispatchers are often the first point of contact for witnesses to crimes. Dispatchers have an important role in collecting information related to a witness’ observations and recollection of events, and this information can serve as primary evidence in criminal cases. Therefore, it is crucial that evidence collected from eyewitnesses is as accurate and detailed as possible. In the present study, we investigated defense attorneys’ perceptions on how dispatchers gather information from eyewitnesses during 911 calls, because little is known with respect to how defense attorneys review, use, and challenge 911 calls. Using an online survey, we asked defense attorneys …
Psychopathy And Police Officers: A Cross-Sectional Analysis Of The Relationship Between Psychopathic Traits And Police Work Across Temporal Factors, Hunter N. Moore
Psychopathy And Police Officers: A Cross-Sectional Analysis Of The Relationship Between Psychopathic Traits And Police Work Across Temporal Factors, Hunter N. Moore
Student Theses
It’s estimated that psychopathic personalities constitute about 1% of the general population but is seen at elevated rates in particularly stressful and harsh environments (Babiak & Hare, 2006; Hare, 1996). A career in law enforcement is one known to be uniquely stressful (Lucas et al., 2012), and the trauma from their career seems to be having an impact on their personality (Wills & Schuldberg, 2016). While psychopathy traits have been reported in police officers (Próchniak, 2012), these traits have yet to be assessed as a function of time. The current study explores these relationships by assessing psychopathy traits, as measured …
Not All Videos Are Created Equal: Camera Perspective Bias And Video-Recorded Eyewitness Identification Procedures, Kelsey N. Doherty
Not All Videos Are Created Equal: Camera Perspective Bias And Video-Recorded Eyewitness Identification Procedures, Kelsey N. Doherty
Student Theses
Video-recorded eyewitness identification procedures can preserve an accurate record of the conditions under which the eyewitness made an identification. Scholars posit that having the record will allow legal actors to make better decisions on the basis of an identification. Yet limited research has examined how jurors’ judgments are influenced by this evidence. Research on other types of video-recorded evidence has demonstrated a strong camera perspective bias, wherein jurors’ judgments are influenced by the angle with which the evidence is recorded. This study examined whether the camera perspective bias similarly influences jurors’ perceptions of video-recorded identification procedures. Participants viewed a mock …
The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh
The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh
Student Theses
Eyewitness testimony has been found to be an unreliable form of evidence (Loftus, Miller & Burns, 1978; Oswald & Coleman, 2007; Wells & Hasel, 2007; Loftus & Greenspan, 2017; Jaross, 2018; Wade, Nash, & Lindsay, 2018; Wixted, Mickes, & Fisher, 2018). Yet, this evidence is still used in the courts today, and, in fact, is perceived by jurors as important and compelling in comparison to other case factors (e.g., character evidence, physical evidence; Topp-Manriquez, McQuiston, & Malpass, 2014; Kabzińska, 2015). Additionally, eyewitnesses are sometimes requested to help create a facial composite of the suspect and, critically, these composites are then …
Linguistic Features Of False Confessions And Confessions Not In Dispute: A Corpus Analysis, Lucrezia Rizzelli
Linguistic Features Of False Confessions And Confessions Not In Dispute: A Corpus Analysis, Lucrezia Rizzelli
Student Theses
Confessions are considered the gold standard of evidence, and yet many cases of false confessions causing wrongful convictions have come to the surface in the past decades. Currently, a method to identify false confessions does not exist and studies focusing on the content of the confessions have found similarities rather than points of distinction. In this study, we approached confessions from a stylistic rather than qualitative point of view, utilizing corpus analysis to outline the linguistic features of two samples of confessions: false confessions (n=37) and confessions not in dispute (n=98). Subsequently, we created a model …
The Influences Of Education, Antisocial Behavior, And Involvement In The Criminal Justice System On Adult Legal Understanding, Lily Alpers, Mark Fondacaro
The Influences Of Education, Antisocial Behavior, And Involvement In The Criminal Justice System On Adult Legal Understanding, Lily Alpers, Mark Fondacaro
Student Theses
The current study examined the legal understanding and decision-making capacities of young adults compared to older adults. Furthermore, the current study examined these two age groups on the basis of a history of criminal justice involvement, antisocial behavior, and education level, in order to determine whether these variables also affect legal understanding and decision-making. One hundred and one subjects participated in this study, grouped by age into younger adults (18-34 years old) and older adults (35 years and older). The results of the current study found that participants with the lowest levels of education performed more poorly on the measure …
Brace For Impact: The Effects Of Victim Impact Evidence And Judicial Instructions On Juror Memory Distortion And Sentencing Decisions In Capital Trials, Auset E. Alexander
Brace For Impact: The Effects Of Victim Impact Evidence And Judicial Instructions On Juror Memory Distortion And Sentencing Decisions In Capital Trials, Auset E. Alexander
Student Theses
The utilization of visual evidence in the courtroom has increased exponentially in an effort to portray additional information that cannot otherwise be established via forensic evidence and expert testimony. According to Rule 403 of the Federal Rules of Evidence (1984), visual evidence may be permitted in court if the prejudicial value does not significantly outweigh the probative value. The admissibility of visual evidence however, becomes controversial when combined with victim impact statements (VIS) during the penalty phase of capital trials.
Previous research has indicated that jurors are often unable to perceive emotional testimony and subsequently make objective sentencing decisions that …
Differences In Psychopathy And Associated Traits By Police Officer Rank, Rosanne Libretti
Differences In Psychopathy And Associated Traits By Police Officer Rank, Rosanne Libretti
Student Theses
Most psychopathy research focuses on its manifestation in forensic populations, however these results may not generalize onto noncriminal, or “successful,” psychopaths. Lykken (1995) conjectured that socialization may enable “heroes,” like law enforcement, to utilize the interpersonal and affective aspects of psychopathy in a manner that benefits society. Previous research (Falkenbach et al., 2018a) suggests that psychopathy and its correlates differ between police recruits and individuals in the community. It is necessary to continue this work with other groups in the police force to see if the patterns found in these studies generalize to veteran officers who have worked in law …
‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan
‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan
Student Theses
Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense …
Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran
Student Theses
This exploratory study focuses on identifying motivations for religious terrorism and Islamic terrorism in the United States in particular. Terrorism is a crime of extreme violence with the end purpose of political influence. This crime is challenging to encounter for its multi-faced characteristics, the unusual motivations of its actors, and their semi-militant conduct. The hypothesis of this study asserts that religious terrorists are radicalized by passing from fundamental to extreme devout agendas, caused by isolation from the dominant society, and resulted in high potential to impose those agendas by extreme violence. Under the theoretical framework of subculture in criminology, this …
Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri
Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri
Student Theses
Bait questions—hypothetical questions about evidence, often used by detectives during interrogations—can activate the misinformation effect and alter jurors’ perceptions of the evidence of a case. Here, we were interested in investigating whether mock jurors’ implicit biases could amplify the magnitude of the misinformation effect. We accomplished this by manipulating the age and race of the suspect being interrogated. As an extension of Luke et al. (2017), we had participants read a police report describing evidence found at a crime scene, then read a transcript of a police interrogation where the detective used bait questions to introduce new evidence not presented …
Interrogation Techniques In South Korea: What Happens In A Korean Interrogation Room?, Hyunjoo Lee
Interrogation Techniques In South Korea: What Happens In A Korean Interrogation Room?, Hyunjoo Lee
Student Theses
Recently, South Koreans have realized that, due to the techniques used during police investigations, suspects might often commit suicide or confess to crimes that they did not commit. Unfortunately, many studies in Korea are retrospective with regard to false confessions (i.e., case study), and no systematical research studies have been conducted on how Korean police officers interrogate suspects. To prevent events in which potentially guilty suspects are treated inhumanely and innocent suspects falsely confess, self-reported surveys were administered to 86 Korean police officers to systematically analyze how Korean police officers prepare for interrogations (e.g., interrogation training session attendance), how they …
Details In Testimony: How Hedge Words Influence People’S Perceptions Of Victim Testimony Credibility, Justine B. Rayborn
Details In Testimony: How Hedge Words Influence People’S Perceptions Of Victim Testimony Credibility, Justine B. Rayborn
Student Theses
The purpose of this study was to examine whether hedge words and the age of a memory can influence the way participants (mock jurors) perceive an alleged sexual assault victim’s credibility. Prior research has demonstrated many issues that can affect the accuracy of memory for childhood events such as childhood amnesia, fragmented and distorted memories, false memories and source monitoring errors and the way in which jurors’ decisions can be swayed based on verbal cues to confidence. Here, we further investigated whether jurors' decisions are sensitive to the age of the memory—an event that happened in the recent or distant …
The Effect Of Phenotypic Bias On Lineup Construction Fairness, Sydney Y. Wood
The Effect Of Phenotypic Bias On Lineup Construction Fairness, Sydney Y. Wood
Student Theses
There is converging evidence that people make inferences about others’ culpability and deservingness of punishment based on whether they express more of the African phenotype (e.g., darker skin, wider nose, thicker lips; Blair, Judd, & Chapleau, 2004; Eberhardt Goff, Purdie & Davies, 2004; Kahn & Davies, 2011). What is less clear is whether facial features that are phenotypically related to particular racial groups play a role in the mistaken identification of innocent Black suspects. Eyewitness descriptions lack detail with regard to racial phenotypes (Fahsing, Ask & Granhag, 2004; Nicholson & Kovera, 2013). Without descriptions containing phenotypic features to use when …