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Law and Human Behavior

Lauren M Vera, Marcus T Boccaccini, Kelsey Laxton, Claire Bryson, Charlotte Pennington, Brittany Ridge, Daniel C Murrie
We used an experimental design to test the key concern that expressive empathy from evaluators during forensic interviews leads to more disclosure of misbehavior (e.g., stealing, breaking the law, manipulating others) from evaluees. In the context of a psychopathy assessment interview, evaluees (N = 94, 100% male, 57.4% Caucasian) interviewed by an evaluator using expressive empathy techniques were no more likely than those interviewed by an evaluator avoiding expressive empathy techniques to admit to past instances of misbehavior (d = ...
November 5, 2018: Law and Human Behavior
James Michael Lampinen, Andrew M Smith, Gary L Wells
The present article focuses on a utility-based understanding of criminal justice practice regarding eyewitness identifications. We argue that there are 4 distinct types of utility that should be considered when evaluating an identification procedure. These include the utility associated with all identifications, the utility associated with only the high confidence identifications, the average utility across the full range of identifications, and the maximum utility that can be attained by selecting an ideal criterion...
November 1, 2018: Law and Human Behavior
Lindsey E Wylie, Katrina A Rufino
Although research has linked mental health symptoms and prior victimization to recidivism for youth on probation or in detention, little attention has been given to these risk factors for early system-involved youth. We conducted a survival/hazard model to estimate the impact of official records of abuse/neglect, crime victimization, and mental health issues (mood, anxiety, disruptive, and substance use disorders) on recidivism in a sample of 2,792 youth in a large Midwestern diversion program. Results indicated that youth with official records of abuse/neglect, person crime victimization, and property crime victimization were more likely to recidivate sooner than those without these victimization experiences (hazard ratio: 1...
November 1, 2018: Law and Human Behavior
Christopher J Normile, Kyle C Scherr
Research has identified numerous factors that influence suspects during police interrogations. However, the dynamics between individuals' physiologic reactivity and their confession decision making is in its infancy. This research sought to advance the interrogation literature by examining the relationships among different interrogation tactics, suspects' resistance to confess, and their physiologic reactivity during a mock interrogation. After manipulating innocence and guilt, participants (N = 154) were accused and interrogated using either a minimization or false evidence tactic...
October 4, 2018: Law and Human Behavior
William G Iacono, Gershon Ben-Shakhar
Fifteen years have elapsed since a report was released by the National Academy of Sciences (NAS) on the scientific status of polygraph testing. The NAS report concluded that the scientific basis of the comparison question technique (CQT) was weak, the extant research was of low quality, the polygraph profession's claims for the high accuracy of the CQT were unfounded, and, although the CQT has greater than chance accuracy, its error rate is unknown. Polygraph proponents argue that current research indicates that the CQT has 90% or better accuracy, the National Research Council of the National Academy of Sciences' (2003) analysis supports this accuracy claim, and the CQT qualifies as legally admissible scientific evidence...
October 4, 2018: Law and Human Behavior
Richard L Wiener, Trace C Vardsveen
In Title VII sexual harassment jurisprudence, U.S. courts use a 2-prong subjective-objective test to determine the viability of a sexual harassment claim: The complainant must show that the employer's conduct was unwelcome and sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment because of the complainant's sex from both the complainant's perspective (subjective prong) and a reasonable person's perspective (objective prong). This online study used a diverse national sample (361 MTurk Community Members) to investigate whether people apply the objective prong in a uniform manner, as the law assumes, or show predictable differences...
October 1, 2018: Law and Human Behavior
Uri Blasbalg, Irit Hershkowitz, Michael E Lamb, Yael Karni-Visel, Elizabeth C Ahern
Child maltreatment victims are often reluctant to report abuse when formally interviewed. Evidence-based guidelines like the National Institute of Child Health and Human Development Standard Investigative Interview Protocol do not adequately address such reluctance because they are focused on cognitive rather than socioemotional strategies. The present study was designed to determine whether the Revised National Institute of Child Health and Human Development Protocol, which emphasizes supportive interviewing more than the standard protocol does, might predict increases in the overall informativeness and reductions in the reluctance of alleged victims...
September 20, 2018: Law and Human Behavior
Luis M Rivera, Bonita M Veysey
Three studies adopted implicit social cognition theory and methodology to understand criminal cognition outside of conscious awareness or control, specifically by testing whether individual differences in implicit associations between the self and the group criminals are related to criminal behavior. A Single Category Implicit Association Test measured self-criminal associations across 3 adult samples-2 from Newark, New Jersey, a high-crime United States city, and an adult national sample from the United States...
September 20, 2018: Law and Human Behavior
John R Anderson, Zach Walsh, David S Kosson
Psychopathy has long been noted to play an important role in the prediction of criminal behavior and offending. Although many studies have demonstrated that psychopathic traits are predictive of violent recidivism among offenders, relatively few studies have examined the predictive validity of psychopathic traits for nonviolent recidivism and very few have examined this issue in a sample of offenders in the United States. To address this issue, we examined the predictive validity of psychopathy for both nonviolent and general recidivism using the Psychopathy Checklist-Revised (PCL-R) in a sample of 422 county jail inmates...
September 17, 2018: Law and Human Behavior
Norbert L Kerr, Jiin Jung
Traditionally, jurors are not permitted to discuss trial evidence with one another prior to jury deliberation. Allowing such discussions, at least in civil trials, is a jury innovation that has become increasingly popular. Prior field research has generally supported the assumption that this innovation is benign and, in particular, introduces no systematic bias in jury verdicts. These issues are examined again here within an experimental jury simulation study. The opportunity for predeliberation juror discussion (PJD) between the plaintiff and defense cases-in-chief was manipulated...
August 30, 2018: Law and Human Behavior
Evelyn Klein Haneveld, Craig S Neumann, Wineke Smid, Edwin Wever, Jan H Kamphuis
Theory and accumulating data suggest systematic heterogeneity among offenders with psychopathic traits. Several empirical investigations converge on the nature of subtypes, but little is known about differences in treatment responsivity. We have used the 4-facet model of the Psychopathy Checklist-Revised (PCL-R) to provide a framework for detecting subtypes. The present study used the full range of PCL-R scores in a sample of male violent offenders (N = 190) to replicate subtypes found in a partly overlapping sample by Neumann, Vitacco, and Mokros (2016), using Latent Profile Analysis (LPA), and subsequently to examine potential differences in treatment responsivity...
October 2018: Law and Human Behavior
Joseph A Vitriol, Margaret Bull Kovera
During capital voir dire, prospective jurors are questioned about their views on capital punishment to determine their ability and willingness to impose the penalty as required by law. Two experiments replicated and extended Haney's (1984a) research on the effects of exposure to capital voir dire, which has been cited to support the proposition that jurors who are exposed to a capital voir dire are more prone to convict. In the first study, watching a capital voir dire increased participants' pretrial estimates of the likelihood of the defendant's guilt and conviction, replicating earlier findings...
October 2018: Law and Human Behavior
Michael J Vitacco, Elena Balduzzi, Kimberly Rideout, Shelly Banfe, Juliet Britton
States continue to rely on conditional release (CR) as an effective and cost-effective way to manage individuals found not guilty by reason of insanity (NGRI). Research has demonstrated that insanity acquittees returning to the community have low recidivism rates and moderately low revocation rates. This study followed 238 individuals found NGRI in Oregon who were evaluated with the Historical, Clinical, Risk-20 (HCR-20; Webster, Douglas, Eaves, & Hart, 1997) and placed in the community on CR. The majority of individuals on CR (n = 157, 66%) maintained their release throughout the entire follow-up period (between 4 and 9 years), but 81 (33...
August 16, 2018: Law and Human Behavior
Misty C Duke, James M Wood, Justin Magee, Hector Escobar
In 2016, the U.S. Congress mandated that federal intelligence interrogators adhere to the methods of the U.S. Army Field Manual FM 2-22.3 (AFM) and that the manual be revised based upon empirically based evaluations of the interrogation methods' effectiveness with interviewees motivated to withhold information. In the present study, 120 participants took part in a testing situation in which half were induced to cheat. All participants were then accused of cheating and interrogated with either (a) a combination of AFM interrogation approaches that focused on the potential benefits of cooperation with the interviewer (cooperation-focused condition), or (b) a combination of AFM approaches that focused on the potential risks of withholding information (withholding-focused condition)...
August 16, 2018: Law and Human Behavior
Adele Quigley-McBride, Gary L Wells
Forensic examiners are often exposed to contextual information that can bias their conclusions about evidence samples (e.g., fingerprints, fibers, tool marks). We tested the recently proposed filler-control method for moderating the biasing effects of contextual information for forensic comparisons. Borrowing from an analogy to eyewitness lineups versus showups, the filler-control method embeds a suspect's sample among known-innocent samples rather than the standard practice of presenting the analyst with only the suspect's sample for comparison...
August 2018: Law and Human Behavior
Moa Lidén, Minna Gräns, Peter Juslin
This research tests whether a police officer's decision to apprehend a suspect triggers confirmation bias during an interrogation. The study also tests two strategies to reduce confirmation bias: (1) decoupling decision to apprehend from interrogation and (2) reducing cognitive load for the interrogating police officer. In Experiment 1, Swedish police officers ( N = 60) were faced with 12 scenarios in which they either had to decide for themselves whether to apprehend a suspect or were informed about the corresponding decision by another police officer or a prosecutor...
August 2018: Law and Human Behavior
Evan D Holloway, Keith R Cruise, Samantha L Morin, Holly Kaufman, Richard D Steele
Juvenile probation officers (JPOs) are increasingly using risk/needs assessments to evaluate delinquency risk, identify criminogenic needs and specific responsivity factors, and use this information in case planning. Justice-involved youth are exposed to traumatic events and experience traumatic stress symptoms at a high rate; such information warrants attention during the case planning process. The extent to which JPOs identify specific responsivity factors, in general, and trauma history, specifically, when scoring risk/need assessments is understudied...
August 2018: Law and Human Behavior
Kelsey S Henderson, Lora M Levett
An estimated 90% to 95% of convictions are obtained via guilty pleas, and roughly 11% of individuals exonerated with the help of the Innocence Project falsely pleaded guilty ( Despite the prevalence of guilty pleas (and the existence of false guilty pleas), relatively little scholarship has examined what influences a defendant to plead guilty (Redlich, 2010). In this study, we investigated factors that affected whether guilty and innocent students who were accused of cheating pleaded guilty or took their case before the Student Conduct Committee in a hearing (analogous to a trial)...
July 26, 2018: Law and Human Behavior
Neil Brewer, Ambika Nagesh Vagadia, Lorraine Hope, Fiona Gabbert
Eyewitnesses to crimes sometimes report inaccurate fine-grain details but fail to report accessible and potentially accurate coarse-grain details. We asked college students and community members (aged 17 to 62 years) who viewed a video of a simulated crime to answer interviewers' questions at coarse- and fine-grained levels of detail and measured the quantity and accuracy of their responses. Three experiments (overall N = 219) also (a) provided comparative data for participants who were interviewed using the open-ended Self-Administered Interview (Gabbert, Hope, & Fisher, 2009) or one of two "report everything" open-ended procedures, (b) tested the efficacy of the procedure using both written and verbal interviews, and (c) examined the generality of the findings across different encoding stimuli which required variations in the types of cued recall questions asked...
June 25, 2018: Law and Human Behavior
Mark V A Howard, Gerard van Doorn
This study tested evidence for antisocial attitudes as a mechanism of change in offender treatment by examining whether the Measures of Antisocial Attitudes and Associates (MCAA) and within-treatment change in scores on this scale have predictive validity for risk of reoffending. Pretreatment and posttreatment scores on the MCAA were obtained from a large sample of 1,858 offenders who had completed offender treatment programs while in custody (n = 854) or in the community (n = 1,004). Individual within-treatment change was calculated with simple difference scores as well as categorizations of clinically significant change...
June 25, 2018: Law and Human Behavior
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