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Behavioral Sciences & the Law

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https://www.readbyqxmd.com/read/28429396/children-s-uncertain-responses-when-testifying-about-alleged-sexual-abuse-in-scottish-courts
#1
Samantha J Andrews, Elizabeth C Ahern, Michael E Lamb
This study examined the uncertain responses of 56 alleged sexual abuse victims, aged 5-17 years, testifying in Scottish criminal court trials. Don't know/remember ground rules were explained to 38% of the children and each child reported uncertainty in response to 15% of the questions on average. Uncertain responding was associated with expressions of resistance and confusion, questioning context (proportionally more regarding substantive than non-substantive issues), question content (least to disclosure-focused questions), utterance type (more to directives, particularly those posed by defense lawyers; more to recall-based than recognition prompts), and age (children in mid-adolescence were less likely to respond uncertainly than those who were either older or younger)...
April 20, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28429375/patient-characteristics-and-outcomes-related-to-successful-outpatient-competency-restoration
#2
Amy J Mikolajewski, Gina M Manguno-Mire, Kelly L Coffman, Sarah M Deland, John W Thompson
Criminal defendants have a fundamental right to a fair and speedy trial. However, individuals found incompetent to stand trial are unable to move forward in the adjudication process and are often mired in protracted legal proceedings. If competency restoration is statutorily permissible and can be conducted in the outpatient setting, we propose that it should be considered based on burgeoning empirical data. We present data from an outpatient forensic clinic in which individuals are conditionally released to receive competency restoration in the community...
April 20, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28370391/interviews-of-children-in-a-portuguese-special-judicial-procedure
#3
Carlos Eduardo Peixoto, Raquel Veludo Fernandes, Telma Sousa Almeida, Júlia Marina Silva, David La Rooy, Catarina Ribeiro, Teresa Magalhães, Michael E Lamb
Since 2007, alleged victims of child sexual abuse in Portugal have provided evidence in a mandatory "Declarações para Memória Futura" (DMF; English transl. 'Statement for future use') proceeding. In order to protect children from having to testify in court, interviews conducted at the DMF can be used later as trial evidence because the hearings are conducted by judges. The present study examined 137 interviews with 3- to 17-year-olds conducted in several Portuguese criminal courts. Detailed examination of interview transcripts showed that 69% of all questions asked were option-posing questions, 16% were directive questions, 11% were suggestive questions, and only 3% were open-ended prompts...
March 29, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28303590/psychiatric-disability-in-law-enforcement-officers
#4
Marilyn Price
Law enforcement officers all across the world are exposed to violence, confrontation, and traumatic incidents. They regularly witness death and suffering and are at risk of personal injury. Psychiatric sequelae include an increased risk for trauma-related symptoms, depression, alcohol-use disorders, and stress-related medical conditions. Law enforcement officers have been applying for early disability retirement pensions at an increased rate for stress-related psychiatric and medical conditions. As a result, law enforcement agencies are prematurely losing valuable resources, officers with training and experience...
March 17, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28295575/definition-and-assessment-of-disability-in-mental-disorders-under-the-perspective-of-the-international-classification-of-functioning-disability-and-health-icf
#5
Michael Linden
This article provides an overview of definitions and assessment instruments of disability, an important topic in the diagnosis and treatment of chronic illnesses, and in expert appraisals in social and forensic medicine. Health problems are manifested not only in symptoms, but also regularly in impairment or disability in everyday life, which is especially true for mental disorders. According to the International Classification of Functioning, Disability and Health (ICF) of the World Health Organization, disability can be understood as chronic suffering from symptoms of illness, or limitations of executing capacities, or inability to participate in selected areas of life...
March 14, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28247431/partners-under-pressure-examining-the-consistency-of-true-and-false-alibi-statements
#6
Marthe Lefsaker Sakrisvold, Pär Anders Granhag, Erik Mac Giolla
How to discriminate between honest and deceptive alibi statements holds great legal importance. We examined this issue from the perspective of group deception. Our goals were to (a) compare the consistency between the statements of guilty and innocent suspects and those of their respective alibi witnesses, and (b) to examine the moderating role of object-salience on the level of consistency between their statements. Pairs of truth-tellers provided honest testimonies. Pairs of liars were divided into perpetrators and alibi witnesses...
March 1, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28233336/investigator-sensitivity-to-alibi-witness-inconsistency-after-a-long-delay
#7
Heather L Price, Leora C Dahl
In two studies, mock investigators conducted a computer-based investigation of a crime involving an alibi witness who varied in the consistency of his statements taken 5 years apart. Investigators showed evidence of skepticism of alibi witness statements in which major contradictions (activity, location) were present, and some skepticism of statements in which minor (activity) details were contradictory. Entirely consistent statements were judged favorably, and reduced perceptions of suspect guilt (Study 2)...
February 24, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28165152/memory-errors-in-alibi-generation-how-an-alibi-can-turn-against-us
#8
William E Crozier, Deryn Strange, Elizabeth F Loftus
Alibis play a critical role in the criminal justice system. Yet research on the process of alibi generation and evaluation is still nascent. Indeed, similar to other widely investigated psychological phenomena in the legal system - such as false confessions, historical claims of abuse, and eyewitness memory - the basic assumptions underlying alibi generation and evaluation require closer empirical scrutiny. To date, the majority of alibi research investigates the social psychological aspects of the process...
February 6, 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28421687/contemporary-data-and-trends-in-the-economic-costs-of-mental-disabilities
#9
Timothy M Shaughnessy, Frederick R Parker, Jean H Hollenshead, Emmanuel N Clottey, Harvey W Rubin
This article addresses the economic effects of mental disabilities by analyzing contemporary data in the context of micro- and macroeconomic thought and relevant statistical literature. Within the parameters of these conceptual and statistical reference points, the authors seek to discern current trends in the direct, indirect, and opportunity costs posed by mental disabilities, not only to the individuals who suffer from them, but also to their families, to employers, and to society as a whole. The authors also discuss uncertainties that inhere in available data concerning both the prevalence of these conditions and the related costs of treatment, as well as the complexity of drawing correlations among variables with respect to these costs and the difficulty of identifying a meaningful measure of the economic consequences that attend mental disabilities...
March 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28421686/international-perspectives-on-mental-disability-and-the-law-introduction-to-this-issue
#10
Albert Drukteinis, Henning Saß, Alan R Felthous
No abstract text is available yet for this article.
March 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28421685/the-reach-and-limitation-of-the-ada-and-its-integration-mandate-implications-for-the-successful-reentry-of-individuals-with-mental-disabilities-in-a-correctional-population
#11
Henry A Dlugacz, Luna Droubi
This article argues that the ADA and its integration mandate, informed by international standards, should extend to incarcerated individuals with mental disabilities who reenter society, as they are at highly elevated risk for unnecessary segregation in institutions such as homeless shelters or hospitals or through reincarceration. An understanding of the precise services needed to prevent these strongly related but distinct variants of institutionalization requires a robust and continuing research agenda. In discussing the breadth of the ADA, we explore its history, interpretations of its application in a variety of contexts with respect to vulnerable populations and integration, and enforcement...
March 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28421684/navigating-the-rolling-hills-of-justice-mental-disabilities-employment-and-the-evolving-jurisprudence-of-the-americans-with-disabilities-act
#12
Lauren Wylonis, Nina T Wylonis, Robert Sadoff
Mental illness and disability affect millions of individuals yearly in the U.S. The most important legislation protecting the mentally disabled in the workplace in the U.S. over the last half century has been the Americans with Disabilities Act (ADA) and its associated legislation and guidance. Although the employee should first request reasonable accommodation with the employer, evaluation by a mental health professional is one of the initial steps for individuals who report significant psychiatric symptoms that are impairing their functioning at work in the U...
March 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28276597/an-international-perspective-on-feigned-mental-disabilities-conceptual-issues-and-continuing-controversies
#13
Thomas Merten, Richard Rogers
In forensic contexts, an increased prevalence of feigned symptom presentations should be expected, although it will probably vary by the context and specific forensic issue. Forensic experts should examine this possibility proactively while maintaining a balanced perspective that actively considers clinical data for both feigning and genuine responding. Psychological measures and standardized methods developed for feigning and other response styles can facilitate these often complex determinations. The current article provides an international perspective on the issue of feigned mental disabilities...
March 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28418181/alibis-generation-consistency-corroboration-believability-and-detection-introduction-to-this-special-issue
#14
Melanie Sauerland
This special issue highlights recent developments in the field of alibi research. These include a shift from self-report studies to behavioral paradigms; a broadening in the literature to study not only suspects, investigators, and legal decision makers, but also alibi corroborators; and an expansion of the research to include alibi-related memory issues rather than a sole focus on social impact factors. Additionally, this special issue addresses the many misconceptions that exist when it comes to the appraisal of consistency in the context of alibi accuracy and truthfulness...
January 2017: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28008653/altruistic-lying-in-an-alibi-corroboration-context-the-effects-of-liking-compliance-and-relationship-between-suspects-and-witnesses
#15
Stéphanie B Marion, Tara M Burke
Police investigators, judges, and jurors are often very skeptical of alibi witness testimony. To investigate when and why individuals lie for one another, we conducted two studies in which witnesses' support of a false alibi was observed. We varied the level of social pressure exerted on witnesses and the level of affinity between suspect-witness pairs. During a study session purportedly intended to investigate dyadic problem-solving ability, a mock theft was staged. When questioned, participants were provided the opportunity to either corroborate or refute a confederate's false alibi that the latter was with them when the theft occurred...
December 23, 2016: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28229484/the-effects-of-secret-instructions-and-yes-no-questions-on-maltreated-and-non-maltreated-children-s-reports-of-a-minor-transgression
#16
Elizabeth C Ahern, Stacia N Stolzenberg, Kelly McWilliams, Thomas D Lyon
This study examined the effects of secret instructions (distinguishing between good/bad secrets and encouraging disclosure of bad secrets) and yes/no questions (DID: "Did the toy break?" versus DYR: "Do you remember if the toy broke?") on 262 maltreated and non-maltreated children's (age range 4-9 years) reports of a minor transgression. Over two-thirds of children failed to disclose the transgression in response to free recall (invitations and cued invitations). The secret instruction increased disclosures early in free recall, but was not superior to no instruction when combined with cued invitations...
November 2016: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28127798/relationship-closeness-and-self-reported-willingness-to-falsely-take-the-blame
#17
RANDOMIZED CONTROLLED TRIAL
Jennifer Willard, Max Guyll, Stephanie Madon, Jacob E Allen
One reason people falsely confess is to protect the true perpetrator. The current study examined whether relationship closeness influences people's self-reported willingness to falsely take the blame. Utilizing theoretical work from the prosocial area, three potential mediators were investigated. Participants (N = 131) were randomly assigned to think of either a close or a casual friend and then read one of two scenarios that described a minor offense committed by the friend. Participants' willingness to take the blame was assessed, as well as their perceptions of reciprocity, feelings of empathy, and distress concerns related to their relationship with the offending friend...
November 2016: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28116810/can-implicit-associations-distinguish-true-and-false-eyewitness-memory-development-and-preliminary-testing-of-the-iate
#18
RANDOMIZED CONTROLLED TRIAL
Rebecca K Helm, Stephen J Ceci, Kayla A Burd
Eyewitness identification has been shown to be fallible and prone to false memory. In this study we develop and test a new method to probe the mechanisms involved in the formation of false memories in this area, and determine whether a particular memory is likely to be true or false. We created a seven-step procedure based on the Implicit Association Test to gauge implicit biases in eyewitness identification (the IATe). We show that identification errors may result from unconscious bias caused by implicit associations evoked by a given face...
November 2016: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/28098410/juror-decision-making-in-death-penalty-sentencing-when-presented-with-defendant-s-history-of-child-abuse-or-neglect
#19
Lisa L Bell Holleran, Tyler J Vaughan, Donna M Vandiver
Previous studies have found aggravating, mitigating, and null effects of defendant histories of abuse and neglect on punishment preferences in capital sentencing. Perceiving these defendants as more dangerous, jurors may be more likely to favor the death penalty when such evidence is presented. This is counter to the intuition that abuse or neglect reduces culpability, and therefore mitigates the severity of punishment. We investigated the effect of defendant childhood physical abuse, sexual abuse, or neglect on the probability of a prospective juror preferring the death penalty in an between-subject experimental design...
November 2016: Behavioral Sciences & the Law
https://www.readbyqxmd.com/read/27747920/post-incarceration-recidivism-of-lone-versus-group-juvenile-homicide-offenders
#20
Norair Khachatryan, Kathleen M Heide, Jordyn Rad, Erich V Hummel
Killings by juvenile homicide offenders (JHOs) who use accomplices have been increasing since the 1980s and currently represent approximately half of juvenile arrests for murder in the United States. Nevertheless, prior research has not compared JHOs who kill alone with JHOs who kill in groups. The present research followed up 30 years later on a sample of 59 male murderers and attempted murderers sentenced to adult prison. This study was designed to analyze whether lone and group JHOs differed on pre-incarceration, incarceration, and post-incarceration variables...
November 2016: Behavioral Sciences & the Law
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