Law Commons^™

Epistemic Virtue And Receptivity To Science In Policing, Braden L. Campbell

Dissertations, Theses, and Capstone Projects

This dissertation investigates the underexplored relationship between character epistemology and its potential to explain behavior, decision-making, and culture within the criminal justice system, particularly the police. Building on the existing theoretical framework of evidence-based policing (EBP) and the recognized gap in understanding police receptivity to science, this study hypothesized that intellectual character at personal and collective levels positively correlates with science receptivity.

Epistemic character was defined through the aggregation of four traits: open-mindedness, defensiveness, insouciance, and groupthink. Science receptivity was measured by openness to change, desire to learn, reliance on intuition, and mistrust of science. Data were collected through surveys …

Observers' Perceptions Of Rapport In Accusatorial Interrogations, Gabriela Rico

Dissertations, Theses, and Capstone Projects

Rapport is widely regarded as a necessary precondition for interrogations and is thought to lay the foundation for the success of later interrogation techniques. In accusatorial contexts in which suspects are often resistant to disclose potentially self-incriminating information, rapport enables interrogators to gain the suspect’s trust, respect, and cooperation. Although the specific psychological mechanisms by which rapport achieves these effects are largely understudied, rapport-building techniques resemble principles of social influence (Goodman-Delahunty & Howes, 2014), specifically persuasion. Techniques such as establishing common ground, engaging in active listening, demonstrating empathy, and disclosing personal information may serve as impression management strategies, which allow …

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

Examining The Role Of Evidence-Based Suspicion In Racial Disparities In Wrongful Convictions, Jacqueline Katzman

Dissertations, Theses, and Capstone Projects

There are clear racial disparities in the rates of wrongful convictions, with Black exonerees disproportionately represented among the population of those exonerated, in DNA and non-DNA exonerations alike (National Registry of Exonerations, 2022; Innocence Project, 2022). This racial disparity also exists for those exonerees who were wrongfully convicted, at least in part, because an eyewitness mistakenly identified them. For decades, when eyewitness scholars explored racial bias, they focused on the cross-race effect or own-race bias among eyewitnesses, a bias positing that witness performance suffers when a witness is asked to make an identification of a cross-race face (Lee & Penrod, …

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

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

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 …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

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

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

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

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) …

Designing Respectful Tech: What Is Your Relationship With Technology?, Noreen Y. Whysel

Publications and Research

According to research at the Me2B Alliance, people feel they have a relationship with technology. It’s emotional. It’s embodied. And it’s very personal. We are studying digital relationships to answer questions like “Do people have a relationship with technology?” “What does that relationship feel like?” And “Do people understand the commitments that they are making when they explore, enter into and dissolve these relationships?” There are parallels between messy human relationships and the kinds of relationships that people develop with technology. As with human relationships, we move through states of discovery, commitment and breakup with digital applications as well. Technology …

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 …

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 …

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 …

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 …

Corporations And The American Polity, Patrick Labossiere

Student Theses and Dissertations

Research on corporate communications’ effects on politics presents an acknowledgement of a relationship between the two topics, leaving a void in the explanation and examination of this topic. The void presents an opening to introduce a conceptual process for how corporations are able to craft communications to influence the American Polity, the democratic social organization within the United States. This research begins with a historical review of how corporations gain prominence in American society, capturing the ability to participate in the democratic social organization of the polity. A qualitative analysis of several conceptual frameworks serves as data, to establish an …

Wrongful Conviction Documentaries: Influences Of Crime Media Exposure On Mock Juror Decision-Making, Patricia Y. Sanchez

Dissertations, Theses, and Capstone Projects

Psychology and law researchers have urged colleagues to collaborate with the makers of popular media, such as documentary filmmakers, in efforts to educate the general public about wrongful convictions (Kassin, 2017; Wells et al., 2000). Recently, programs depicting wrongful convictions, such as Making a Murderer (Demos & Ricciardi, 2015) and When They See Us (DuVernay, 2019) have garnered substantial viewership. Research on general and case-specific pretrial publicity (Daftary-Kapur et al., 2014; Kovera, 2002) and the effects of crime media (Baskin & Sommers, 2010; Schweitzer & Saks, 2007) demonstrate that although consuming crime-related media and being exposed to information about a …

Development And Validation Of A Multidimensional Scale For Measuring Public Confidence In The Criminal Justice System, Jimin Pyo

Dissertations, Theses, and Capstone Projects

Two studies were conducted with an aim of developing multidimensional measures of public confidence that are conceptually integrated, psychometrically sound, and useful in predicting individuals’ law related behaviors. Study 1 involves two-phased construction of scale in which a preliminary inventory was generated (Phase 1) and then finalized after evaluating psychometric properties based on 304 US adults recruited through Amazon’s Mechanical Turk (MTurk) (Phase 2). As a result, six multidimensional scales were constructed respectively for measuring efficiency-, finality-, fairness-, strictness-, accuracy-, and transparency-oriented confidence. Despite more complexity of factor structures than originally expected, results of psychometric evaluation six scales of confidence …

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

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

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 …

Pre-Report Review Of Body-Worn Camera Footage: An Examination Of Stakeholder Beliefs, Laypeople’S Judgments Of Officer Credibility, And The Consequences For Memory, Kristyn A. Jones

Dissertations, Theses, and Capstone Projects

Aim: This dissertation examines people’s beliefs about police officer access to body-worn camera footage, people’s judgments of officer credibility as it relates to video footage, and the consequences that review of footage has on reporting accuracy.

Rationale: With escalating police-civilian tensions in 2014, American police departments adopted body-worn camera programs. A majority of departments have policies allowing officers unrestricted access to camera footage. Because officers fear that inconsistencies between reports and videos could result in suspicion of officer deceit, they argue that officers should have access to footage before writing their reports to ensure reports match the footage. Yet, because …

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

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

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 …