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realistic? The current study investigated the role of implicit and explicit social-cognitive biases in jurors’ conceptualizations of insanity, and the influence of those biases in juror verdict decisions. It was hypothesized that by analyzing the role of implicit and explicit biases in insanity defense cases, jurors’ attitudes towards those with mental illnesses and attitudes towards the insanity defense would influence jurors’ final verdict decisions. Two hundred and two participants completed an online survey which included a trial vignette incorporating an insanity defense (adapted from Maeder et al., 2016), the Insanity Defense Attitude Scale (Skeem, Louden, & Evans, 2004), Community Attitudes Towards the Mentally Ill Scale (Taylor & Dear, 1981), and an Implicit Association Test (Greenwald et al., 1998). While implicit associations concerning mental illness and dangerousness were significantly related to mock jurors’ verdicts, they no longer were when explicit insanity defense attitudes were added to a more complex model including all measured attitudes and biases. Insanity defense attitudes were significantly related to jurors’ verdicts over and above attitudes about the mentally ill and implicit biases concerning the mentally ill. The potentially biasing impact of jurors’ insanity defense attitudes and the impact of implicit associations about the mentally ill in legal judgments are discussed.
The 64-item Hare Self-Report Psychopathy Scale (Hare SRP; Paulhus, Neumann, & Hare, in press) is the most recent revision of the SRP, which has undergone numerous iterations. Little research has been conducted with this new edition; therefore, the goal of the current study was to elucidate the factor structure as well as the criterion-related, convergent, and discriminant validity of the measure in a large sample of college students (N=602). Confirmatory factor analyses revealed that the best-fitting model was the original four-factor model proposed by the authors of the Hare SRP (compared to a one-factor, two-factor, and four-factor random model). The four-factor model revealed superior fit for the data relative to the other alternative models. In addition, we elaborated on the psychometric properties of this four-factor model in this sample. The Hare SRP total and factor scores evidenced good internal reliability as well as promising criterion-related, convergent, and discriminant validity in terms of predicting scores on conceptually relevant external criteria. Implications for theory and future research are discussed.
Two experiments examined how mock jurors’ beliefs about three factors known to influence eyewitness memory accuracy relate to decision-making (age of eyewitness and presence of weapon in Study 1, length of eyewitness identification decision time in Study 2). Psychology undergraduates rendered verdicts and evaluated trial participants after reading a robbery-murder trial summary that varied eyewitness age (6, 11, 42, or 74 years) and weapon presence (visible or not) in Study 1 and eyewitness decision length (2-3 or 30 seconds) in Study 2 (n=200 each). The interactions between participant belief about these variables and the manipulated variables themselves were the heart of this study. Participants’ beliefs about eyewitness age and weapon presence interacted with these manipulations, but only for some judgments – verdict for eyewitness age and eyewitness credibility for weapon focus. The exploratory meditational analyses found only one relation: juror belief about eyewitness age mediated the relation between eyewitness age and credibility ratings. These results highlight a need for juror education and specialized voir dire in cases where legitimate concerns exist regarding the reliability of eyewitness memory (e.g., child eyewitness, weapon presence during event, long eyewitness identification time). If erroneous juror beliefs can be corrected their impact may be reduced.
This study examined how manipulations of likeability and knowledge affected mock jurors’ perceptions of female and male expert witness credibility (N=290). Our findings extend the person perception literature by demonstrating how warmth and competence overlap with existing conceptions of likeability and credibility in the psycholegal domain. We found experts high in likeability and/or knowledge were perceived equally positively regardless of gender in a death penalty sentencing context. Gender differences emerged when the expert was low in likeability and/or knowledge; in these conditions the male expert was perceived more positively than the comparable female expert. Although intermediate judgments (e.g., perceptions of credibility) were affected by our manipulations, ultimate decisions (e.g., sentencing) were not. Implications for theory and practice are discussed.
Aside from an article by Gutheil, Bursztajn, Hilliard, and Brodsky (2004), scant literature exists regarding why forensic mental health professionals refuse or withdraw from cases. The current study collected descriptive information about the reasons mental health experts decline or withdraw from forensic assessments, both early and late in the legal process. In response to an online survey, 29 practicing forensic psychologists and psychiatrists presented examples of case withdrawal from their professional experiences. Their major reasons included ethical issues or conflicts, payment difficulties, and interpersonal or procedural problems with retaining counsel or evaluees. The results indicate that there are compelling personal and professional reasons that prompt forensic mental health experts to withdraw from or turn down cases.
The current study used the Trauma Symptom Checklist-40 (TSC-40) to index both childhood sexual abuse (CSA) and childhood physical abuse (CPA) in a college student sample of both men and women (N = 441). Although the TSC-40 was designed as a measure of CSA trauma, this study concludes the measure is appropriately reliable for indexing the traumatic sequelae of CPA as well as CSA in nonclinical samples. The current study also explored the effects of gender and abuse severity on resulting symptomatology, finding that women and severely abused individuals report the most negative sequelae. Both CSA and CPA emerged as significant explanatory variables in TSC-40 scale scores beyond gender, supporting its validity for indexing traumatic sequelae in nonclinical samples.
The Sixth Amendment guarantees defendants the right to trial by an impartial jury. Attorneys are expected to obtain information about potential juror biases and then deselect biased jurors. Social networking sites may offer useful information about potential jurors. Although some attorneys and trial consultants have begun searching online sources for information about jurors, the privacy rights of potential jurors’ online content has yet to be defined by case law. Two studies explored the issue of possible intrusion into juror privacy. First, an active jury venire was searched for online content. Information was found for 36% of the jurors; however, 94% of the information was found through simple Google searches. Only 6% of the information we found was unique to other sites. We concluded that searching for potential jurors online is feasible, but that systematically searching sites other than Google is generally not an effective search strategy. In our second study we surveyed attorneys, trial consultants, law students, and undergraduate students about ethical and privacy issues in the use of public domain information for jury selection. Participants evidenced concern about the rights of jurors, the rights of the defendant and accuser, and the role of tradition in court processes.