Law Commons^™

The Psychological Allure Of Alford: Why Innocents Plead Guilty, Johanna Hellgren

Dissertations, Theses, and Capstone Projects

The Alford plea allows defendants to maintain their innocence while accepting a plea. Although this plea is more prevalent than jury trials, it is largely unknown to both lay people and researchers (Redlich & Özdoğru, 2009). Legal scholars have argued that the Alford plea may present an undue influence on innocent defendants who may not otherwise accept a plea, while other assert that the Alford plea is a beneficial alternative for defendants who want to preserve their reputation (Ronis, 2009; Ward, 2004). However, no research to date has explored either of these assumptions.

The goals of the current research were …

The Online Impossible Anagram Task: Development And Testing Of A Novel Online Cheating Paradigm, Emily Joseph

Dissertations, Theses, and Capstone Projects

For the past fifteen years, the Russano et al. (2005) cheating paradigm has dominated research in the forensic psychological literature. While this paradigm successfully activates theoretical mechanisms for ethical decision-making, applying the methods for online data collection is cumbersome and retains a confound inherent in the design. Alternative cheating paradigms from both the psychology and economics literatures were evaluated for their suitability for an online cheating paradigm. The impossible anagram task was selected as most likely to elicit the same internal and external cost-benefit analyses online as the Russano et al. (2005) cheating paradigm does in-person: self-concept maintenance, ethical dissonance, …

The Influence Of Prosecutorial Overcharging On Defendant And Defense Attorney Plea Decision Making: Documenting And Debiasing The Anchoring Effect, Stephanie Aurora Cardenas

Dissertations, Theses, and Capstone Projects

Strategic overcharging, a practice that some prosecutors readily employ to threaten defendants with excessively severe sentences, undermines the Sixth Amendment right to trial by coercing defendants to plead guilty rather than face penalties disproportionate to their alleged misconduct. Legal scholars and psychologists have long suggested that strategic overcharging may elicit powerful anchoring effects that bias defendants’, but not attorneys’ evaluations, of the plea offer. The current research sought to examine (a) the extent to which mock defendants and legal professionals were susceptible to the anchoring bias, (b) elucidate the mechanism underlying susceptibility to the anchoring effect in plea contexts, and …

Parental Plea Bargain Recommendations To Their Child In A Juvenile Court Setting, Aliya J. Birnbaum

Student Theses

This study examined parent acquiescence to attorney recommendations pertaining to plea bargain decisions, as well as whether this differed based on the racial similarity between an attorney and their juvenile client’s parent. Past research has shown that youth are vulnerable to the influence of perceived authority figures in a plea-bargain setting, leading them to rely heavily on the input of their parents and attorneys for how to plead. This study expands the literature to include how attorney race impacts parents’ plea decisions. A sample of parents of youth aged 11- 17 read a vignette, in which attorney race was manipulated, …

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 …

Litigation Strategies For Suggestive Identification Evidence, Elaina Welch

Student Theses

To determine the best litigation strategy for defense attorneys presented with suggestive eyewitness evidence, I tested the influence of identifications obtained through in-court and out-of-court identification procedures on jurors’ decision-making. I recruited Mock jurors through Amazon’s Mechanical Turk (MTurk) (N = 375) to watch a videotaped simulation of a robbery trial in which I varied whether the eyewitness made an in-court or out-of-court identification and the suggestiveness of the out-of-court identification procedure. Watching a trial with either an in-court or out-of-court identification procedure increased jurors’ likelihood to convict. Mock jurors who viewed a trial with an out-of-court identification procedure …

The Role Of Perceived Warmth And Competence In Civil Trials With Corporate Litigants, Alexander C. Jay

Dissertations, Theses, and Capstone Projects

Corporations are involved in approximately 40% of all civil litigation (Langton & Cohen, 2008), yet there is much to be learned concerning how jurors make decisions in trials involving corporate litigants. Mock juror research suggests that for-profit corporations are treated more harshly than other defendants, such as non-profit corporations and individuals (e.g., Hans, 1998). This discrepant treatment of for-profit corporate defendants might be linked to unmitigated stereotypical perceptions of them being low in warmth (i.e., likely to have immoral intentions) but high in competence (i.e., likely to be capable of acting on those intentions; Aaker et al., 2010). Research shows …