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Articles 1 - 18 of 18
Full-Text Articles in Criminal Law
Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja
Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja
Psychology Faculty Scholarship
A policy's general deterrent effect requires would-be offenders to be aware of the policy, yet many adolescents do not know they could be registered as sex offenders, and even adolescents who do know may still commit registerable sexual offenses. We tested whether peer influences shape the perceived costs/benefits of certain sexual offenses and, subsequently, registration policy's general deterrent potential in a sample of policy-aware adolescents. The more adolescents believed their peers approve of sexting of nude images, the more likely they were to have sexted. For forcible touching, having more positive peer expectations about sex and perceiving forcible touching as …
How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski
How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski
Psychology Faculty Scholarship
Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …
Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff
Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff
Psychology Faculty Scholarship
We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …
A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson
A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson
Psychology Faculty Scholarship
Objectives: In October 2021, APA passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. The present report, developed to inform APA’s policy resolution, details the scope of the problem and offers recommendations for policy and psychologists to address the issue by advancing related science and practice. Specifically, it acknowledges the roots of modern-day racial and ethnic disparities in rates of criminalization and punishment for people of color as compared to White people. Next, the report reviews existing theory and research that helps explain the underlying psychological mechanisms driving racial and ethnic disparities …
Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel
Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel
Psychology Faculty Scholarship
This research sought to identify a potential process by which intergenerational crime occurs, focusing on the effect of parental incarceration on adolescents’ subsequent arrests. We drew from Matsueda’s work on reflected appraisals as an explanatory mechanism for this effect. Thus, the present research examined whether caregivers’ and adolescents’ expectations for adolescents’ future incarceration sequentially mediated the effect of parental incarceration on adolescents’ actual arrest outcomes. Propensity score matching was used to examine this effect in a sample of 1,735 15- to 16-year-olds using NLSY97 data. Parental incarceration was positively related to caregivers’ expectations of adolescents’ future arrest. Moreover, caregivers’ expectations …
Correlates Of Compliance In Community Diversion Programs: An Outline For Offender Characteristic Analysis, Emily O'Halloran
Correlates Of Compliance In Community Diversion Programs: An Outline For Offender Characteristic Analysis, Emily O'Halloran
Criminal Justice
Restorative Justice Programs have become an increasingly popular alternative to incarceration. Two restorative programs that exist within the Capital Region of New York are discussed and used as a baseline. This paper will lay the framework for conducting an analysis of these types of programs in order to examine the individual traits offenders partaking in the program poses and whether they affect their likelihood of complying. The information needed to perform a meaningful statistical analysis is established, along with hypothetical potential outcomes.
Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary
Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary
Psychology Faculty Scholarship
Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …
Legal Responses To Nonconsensual Pornography: Current Policy In The United States And Future Directions For Research, Cynthia J. Najdowski
Legal Responses To Nonconsensual Pornography: Current Policy In The United States And Future Directions For Research, Cynthia J. Najdowski
Psychology Faculty Scholarship
Technological advances have created new avenues for the perpetration of sexual violence. The widespread availability of cameras has made it easier to take covert recordings of an individual’s intimate body parts, and whether sexually explicit images are recorded with or without an individual’s consent, growing access to the Internet has facilitated the nonconsensual dissemination of those images. Yet criminal laws have not kept pace with technology in most jurisdictions across the United States, and victims of nonconsensual pornography typically have no avenue by which to seek justice. There have been efforts to reform laws in a variety of jurisdictions, some …
Adolescent Sex Offender Registration Policy: Perspectives On General Deterrence Potential From Criminology And Developmental Psychology, Cynthia J. Najdowski, H. M. Cleary, M. C. Stevenson
Adolescent Sex Offender Registration Policy: Perspectives On General Deterrence Potential From Criminology And Developmental Psychology, Cynthia J. Najdowski, H. M. Cleary, M. C. Stevenson
Psychology Faculty Scholarship
Sex offender registration policies have expanded rapidly, now extending to adolescent offenders across the nation. Policies mandating registration are based, in part, on arguments that registration is needed to prevent dangerous sex offenders from committing additional offenses and that risk of registration deters would-be offenders from offending in the first place. Research suggests that registration does not serve the former specific deterrent function for adolescents, but less is known regarding the latter goal of general deterrence. The disciplines of criminology and developmental psychology both offer important theoretical perspectives, but these frameworks have yet to be applied to this unique context. …
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Psychology Faculty Scholarship
We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski
The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski
Psychology Faculty Scholarship
Feminist writers contend that Americans live in a culture that supports sexualized aggression and violence against women. This “rape culture” is reflected in our society by the pervasive endorsement of rape myths and sexual objectification of women, both of which are legitimized by everyday media. One potential consequence of living in a rape culture is that individuals may themselves come to endorse rape myths and sexually objectify women, and, in turn, perceive certain forms of sexual violence against women as defensible. This is concerning considering the significant role that laypeople play in administering justice in sexual assault cases, but research …
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms
Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms
Psychology Faculty Scholarship
Because many juvenile offenders are intellectually disabled and have their cases tried by jurors in adult criminal court, it is important to understand factors that influence jurors’ judgments in such cases. Using a mock trial methodology, we explored the relations among jurors’ gender, attitudes toward intellectual disability, and judgments in a criminal case involving an intellectually disabled 15-year-old girl accused of murder. Men mock jurors’ judgments were not influenced by their preexisting biases, but women's were: the more women favored special treatment for disabled offenders, the less likely they were to suspect the disabled juvenile was guilty and the less …
Applying Sex Offender Registry Laws To Juvenile Offenders: Biases Against Adolescents From Stigmatized Groups, Jessica M. Salerno, Margaret Stevenson, Cynthia J. Najdowski, Tisha R.A. Wiley, Bette L. Bottoms, Liana Peter-Hagene
Applying Sex Offender Registry Laws To Juvenile Offenders: Biases Against Adolescents From Stigmatized Groups, Jessica M. Salerno, Margaret Stevenson, Cynthia J. Najdowski, Tisha R.A. Wiley, Bette L. Bottoms, Liana Peter-Hagene
Psychology Faculty Scholarship
The need to protect children from dangerous sex offenders has led to policies that require juvenile sex offenders to register on public online registries. It is important to determine the implications of these laws for the wellbeing of child victims and also for juvenile offenders on these registries. Is the application of these laws—designed for adult offenders—to juveniles appropriate, necessary, and supported by public sentiment? The chapter reviews current sex offender registration policies and psychological research addressing whether the assumptions underlying these laws are supported by research, public sentiment toward these laws, factors that might drive biases against stigmatized youth …
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley
Psychology Faculty Scholarship
Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …
Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski
Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski
Psychology Faculty Scholarship
The American jury system rests on the fundamental assumption that jurors will engage in a thorough analysis of facts and robust debate to ensure that verdicts are reliable. Research demonstrates, however, that this expectation is rarely met. All jurors do not participate equally in deliberations. This may be explained in part by social loafing, or the withdrawal of effort that may occur when an individual works in a group relative to when the individual works alone. Despite evidence that jurors do not participate equally during jury deliberations, an analysis of factors contributing to participation, or the lack thereof, has not …
Public Perceptions Of Registry Laws For Juvenile Sex Offenders, Cynthia J. Najdowski, Bette L. Bottoms, Maria C. Vargas
Public Perceptions Of Registry Laws For Juvenile Sex Offenders, Cynthia J. Najdowski, Bette L. Bottoms, Maria C. Vargas
Psychology Faculty Scholarship
Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …