Law and Human Behavior

OBJECTIVES: A sizeable percentage of federally sentenced child pornography offenders have no history of other criminal offenses (hereinafter "child-pornography-exclusive offenders"). There is a critical legal need to assess the recidivism risk of this population. The Child Pornography Offender Risk Tool (CPORT) is a commonly used actuarial instrument developed specifically to assess the risk of recidivism among child pornography offenders. HYPOTHESES: We hypothesized that there would be a sound scientific basis supporting the use of the CPORT in the United States as well as research demonstrating its applicability to child-pornography-exclusive offenders, given that the instrument is currently being used in forensic settings...

OBJECTIVE: The risk of mistaken identification for innocent suspects in lineups can be estimated by correcting the overall error rate by the number of people in the lineup. We compared this nominal size correction to a new effective size correction, which adjusts the error rate for the number of plausible lineup members. HYPOTHESES: We hypothesized that (a) increasing lineup bias would increase misidentifications of a designated innocent suspect; (b) with the effective size correction, increasing lineup bias would also increase the estimate of innocent-suspect misidentifications; and (c) with the nominal size correction, lineup bias would have no effect on the estimate of innocent-suspect misidentifications...

OBJECTIVE: Victim impact statements (VISs) are testimonies that convey the emotional, physical, and financial harm that victims have suffered as the result of a crime. Although VISs are often presented to the court at sentencing, it is unclear whether they impact judicial decisions regarding sentencing. HYPOTHESES: We did not have any formal a priori hypothesis but instead examined five research questions. The first two explored whether the relationship between the victim and the offender, as well as the type of crime, was associated with differences in the likelihood of VIS submission...

OBJECTIVE: Our goal in the present study was to use longitudinal data to assess how normative (i.e., consensually motivated) and instrumental (i.e., coercively motivated) obligation to obey police changed after police murdered George Floyd and whether these changes differed by political ideology. HYPOTHESES: Using procedural justice theory, we hypothesized that after Floyd's murder, participants would feel less normatively obligated and more instrumentally obligated to obey police...

OBJECTIVE: Juvenile courts that apply the risk-need-responsivity (RNR) model should periodically reassess youths and observe reductions in risk. There is a gap in knowledge concerning the reliable implementation of the specific responsivity principle of the RNR model, which emphasizes considering youths' unique characteristics to support rehabilitation success. In the present study, we aimed to identify whether specific responsivity factors (i.e., age, gender, and race/ethnicity) and supervision experiences (i...

OBJECTIVE: This study examined the degree to which polygraph results affected evaluators' decisions regarding patients committed as sexually violent persons (SVPs) in Wisconsin. Specifically, we examined evaluators' opinions on patients' significant progress in treatment (SPT), suitability for supervised release, and suitability for discharge. HYPOTHESES: We hypothesized that having failed a polygraph during the prior year would predict evaluators' opinions that patients did not meet criteria for SPT, supervised release, and discharge from civil commitment even after analyses controlled for other factors related to evaluators' decision making...

OBJECTIVE: Responding to the concern about racial/ethnic disparities (R/ED) in the use of risk assessment instruments (RAIs) in justice systems, previous research has overwhelmingly tested the extent to which RAI scores consistently predict recidivism across race and ethnicity (predictive bias). However, little is known about R/ED in the association between RAI measures and court dispositions (disparate application) for justice-involved youths. This study investigated predictive bias and disparate application of three risk measures-criminal history, social history, and the overall risk level-produced by the Positive Achievement Change Tool (PACT) for White, Black, and Hispanic justice-involved youths...

OBJECTIVES: To date, most research on plea bargaining has used some form of the shadow of the trial (SOT) model to frame defendant decisions. In this research, we proposed and tested a new conceptual model of plea decision-making, based on fuzzy-trace theory (FTT), for the context in which a nondetained, guilty defendant chooses between a guilty plea or trial, where both the plea and potential trial sentence entail incarceration. HYPOTHESES: We predicted that plea decisions would be affected by (a) meaningful, categorical changes in conviction probability (e...

OBJECTIVE: Individuals with minoritized identities are overrepresented in legal system contexts; thus, forensic mental health professionals conduct evaluations of examinees with a diversity of identities. Professional and ethical guidelines direct that these evaluations be completed in a culturally informed manner, yet many professionals still identify a need for specific guidance on how to do so. In the present study, we sought to establish consensus regarding best practices in incorporating culture into forensic mental health evaluations...

OBJECTIVES: We sought to understand how basic competencies in moral reasoning influence the application of private, institutional, and legal rules. HYPOTHESES: We predicted that moral appraisals, implicating both outcome-based and mental state reasoning, would shape participants' interpretation of rules and statutes-and asked whether these effects arise differentially under intuitive and reflective reasoning conditions. METHOD: In six vignette-based experiments (total N = 2,473; 293 university law students [67% women; age bracket mode: 18-22 years] and 2,180 online workers [60% women; mean age = 31...

OBJECTIVE: Because confessions are sometimes unreliable, it is important to understand how jurors evaluate confession evidence. We conducted a content analysis testing an attribution theory model for mock jurors' discussion of coerced confession evidence in determining verdicts. HYPOTHESES: We tested exploratory hypotheses regarding mock jurors' discussion of attributions and elements of the confession. We expected that jurors' prodefense statements, external attributions (attributing the confession to coercion), and uncontrollable attributions (attributing the confession to defendant naivety) would predict more prodefense than proprosecution case judgments...

OBJECTIVE: This hypothetical vignette-based experiment was designed to better understand judges' and probation officers' interpretations and use of juvenile risk assessment tools in their decision-making around restrictive sanctions and confinement of youths on the basis of the youths' risk level and race. HYPOTHESES: We expected that estimates of the probability of juvenile recidivism would significantly mediate the relationship between a categorical risk descriptor and decisions regarding the ordering confinement of youths...

OBJECTIVE: The purpose of this study was to determine whether receiving counseling services reduced future offending in a group of seriously delinquent youths through a process of chaining. In this process, a youth's perceived certainty of punishment and an increase in their cognitive agency or control mediated the services-offending relationship. HYPOTHESIS: The main hypothesis was that where perceptions of certainty preceded cognitive agency beliefs (perceived certainty → cognitive agency), the (target) pathway would be significant, and where cognitive agency beliefs preceded perceptions of certainty (cognitive agency → perceived certainty), the (comparison) pathway would be nonsignificant...

OBJECTIVE: Although there are many lab-based studies demonstrating the utility of confidence and decision time as indicators of eyewitness accuracy, there is almost no research on how well these variables function for lineups in the real world. In two experiments, we examined confidence and decision time associated with real lineups that had been conducted using research-based recommendations. HYPOTHESES: We expected that how confident an eyewitness sounded and how quickly that eyewitness made their identification would be associated with whether that eyewitness identified a suspect or a filler...

OBJECTIVE: Our first goal in this study was to identify cultural mistrust critical items (CMCIs) on two versions of the Minnesota Multiphasic Personality Inventory (MMPI)-the MMPI-Second Edition-Restructured Form (MMPI-2-RF) and MMPI-Third Edition (MMPI-3)-that might be endorsed by people of color because of cultural mistrust rather than clinical paranoia. Our second goal was to determine whether CMCIs and items on the MMPI-2-RF/MMPI-3 Ideas of Persecution scale (Restructured Clinical Scale 6 [RC6]) were endorsed at different rates across cultural groups in a nonclinical college sample and a forensic inpatient sample...

OBJECTIVE: The overrepresentation of numerous racial/ethnic groups in the criminal legal system warrants examination of the cross-cultural applicability of risk assessment tools. Static-99R is a tool used in diverse countries to assess sexual recidivism risk. We conducted a meta-analysis on the predictive accuracy of Static-99R across different racial/ethnic groups. HYPOTHESES: No hypotheses were made regarding discrimination, given that past research could support hypotheses of differential or equivalent accuracy...

OBJECTIVE: Intervening in the cycle of symptom exacerbation and recidivism among justice-involved veterans is critical given elevated rates of psychiatric diagnoses and mental health sequelae. To responsively and effectively address justice-involved veterans' needs, it is essential to examine distinct groups who are at heightened risk (e.g., marginalized communities). Although racial and ethnic disparities within the justice system are well established, veteran-focused research remains limited...

By law, before interrrogating a suspect who is in custody, the police should inform them of their Miranda rights-the rights against self-incrimination and to an attorney. When a suspect or defendant waives their Miranda rights, a judge ultimately determines whether the waiver was legal. In making this determination, the judge employs the totality of the circumstances (TOC) analysis, which includes factors related to the individual defendant as well as the environment in which they waived their rights. Frequently, forensic psychologists evaluate a defendant to offer courts a clinical opinion about the defendant's ability to understand and appreciate their Miranda rights and to provide other TOC information...

OBJECTIVE: State of Washington v. Sisouvanh (2012) was the first case in which an appellate court asserted the need for cultural competence in competency-to-stand-trial evaluations. A court reiterated this need in State of Washington v. Ortiz-Abrego (2017). Research in forensic psychology seldom addressed cultural considerations in pretrial evaluations until this past decade, but the growing body of literature pales in comparison to the work found in clinical and counseling psychology...

OBJECTIVE: Our goal was to develop a framework to test for implicit racial bias in discretionary decisions made by community supervision agents in conditions with increasing information ambiguity. HYPOTHESES: We reasoned that as in-person contact decreases, community supervision officers' specific knowledge of clients would be replaced by heuristics that lead to racially disproportionate outcomes in higher discretion events. Officers' implicit biases would lead to disproportionately higher technical violation rates among Black community corrections' clients when they have less personal contact, but we expected no analogous increase in nondiscretionary decisions...