The guilty mind and criminal sentencing: integrating legal and empirical inquiry as illustrated by capital sentencing

We articulate an interpretation of mens rea that is broader than the traditional special sense but narrower than the traditional general sense. Mens rea in this intermediate sense addresses the guilty mind required by the sentencing criteria for specific criminal sentences for particular offenses. We advance an analytic structure for the integration of legal and empirical inquiry regarding standards of culpability that establish eligibility for capital punishment under contemporary United States legal doctrine. This structure addresses legal standards of culpability directly as well as indirectly in the form of evolving standards of decency. The general form of this analysis should be applicable more generally to sentencing provisions that address culpability as a sentencing consideration for other criminal sentences.     

The influence of Afrocentric facial features in criminal sentencing

Prior research has shown that within a racial category, people with more Afrocentric facial features are presumed more likely to have traits that are stereotypic of Black Americans compared with people with less Afrocentric features. The present study investigated whether this form of feature-based stereotyping might be observed in criminal-sentencing decisions. Analysis of a random sample of inmate records showed that Black and White inmates, given equivalent criminal histories, received roughly equivalent sentences. However, within each race, inmates with more Afrocentric features received harsher sentences than those with less Afrocentric features. These results are consistent with laboratory findings, and they suggest that although racial stereotyping as a function of racial category has been successfully removed from sentencing decisions, racial stereotyping based on the facial features of the offender is a form of bias that is largely overlooked.     

Experiences of time loss among videogame players: an empirical study.

Playing videogames is now a major leisure pursuit, yet research in the area is comparatively sparse. Previous correlational evidence suggests that subjective time loss occurs during playing videogames. This study examined experiences of time loss among a relatively large group of gamers (n = 280). Quantitative and qualitative data were collected through an online survey. Results showed that time loss occurred irrespective of gender, age, or frequency of play, but was associated with particular structural characteristics of games such as their complexity, the presence of multi-levels, missions and/or high scores, multiplayer interactions, and plot. Results also demonstrated that time loss could have both positive and negative outcomes for players. Positive aspects of time loss included helping players to relax and temporarily escape from reality. Negative aspects included the sacrificing of other things in their lives, guilty feelings about wasted time, and social conflict. It is concluded that for many gamers, losing track of time is a positive experience and is one of the main reasons for playing videogames.     

Continuously varying binocular disparity: An exploratory study

It was hypothesized that viewing an object under conditions of continually varying binocular disparity would result in the perception of a “real” object that would continually change its shape, yet retain its three-dimensionality. It was further hypothesized that observed changes would be systematically sequential and repetitive, reflecting systematic and repetitive changes in the stimulus conditions. Two Ss were used. They were shown 12 objects (one at a time) by means of the Groman Continuous Binocular Disparator. An analysis was made from taped verbal reports. The hypotheses were strongly supported. Other phenomena were noted and described. The observations were categorized on the basis of three types of breakdown of veridicality. Differences between the frequency of breakdown of veridicality in the three categories were found and discussed in terms of a functional theory of veridical perception.     

An empirical study of item-test regression

Certain questions about the shape of item-test regressions are answered on the basis of data obtained from 103,275 examinees. Ten of the regressions obtained are shown in illustrative plots.This work was supported in part by the College Entrance Examination Board.     

Crises in parents of prematures: An Australian study

The behaviour of 24 mothers of infants with birth weights below 1500 grams was examined relative to the four psychological ‘tasks’ which, according to Caplan et al. (1965), accompany pre-term birth. Data gathered between birth and discharge of the infants and at ‘follow-up’ visits permitted an investigation of the intensity of maternal experience of these tasks, of mothers' success in grappling with them and of the relationship between success in grappling and later mother-infant relationships. Certain personal, sociological and infant variables associated with maternal behaviour were identified. Ability to cope with the crises was related to better mother-infant relationships at one month and markedly superior ones at four months. The necessity for assisting mothers to cope with the immediate and later psychological disequilibrium is emphasized.     

An empirical study of medical termination of pregnancy

Several studies (Senturia and Rothman, 1967; Simon et al., 1969; Stewart et.al., 1973) have shown that therapeutic abortion may be accompanied by various psychological problems (e.g., psychiatric illness, confused sexual identity, sadomasochism). This study attempts to determine the personality characteristics, e.g., extraversion-introversion, neuroticism-stability and manifest anxiety of women who seek abortion and compare them with a control group. The Eysenk Personality Inventory and the Manifest Anxiety scale adapted by George (1965, 1974) were administered to 2 groups, the experimental group (n=50; mean age, 25.8) consisting of women seeking abortion, and the control group (n=30; mean age, 25.4 years; matched for age and socioeconomic status with the experimental). Mean values for extraversion-introversion, neuroticism-stability, and manifest anxiety for the experimental group were 11.08, 15.5 and 23.74 respectively. Corresponding figures for the control group were 11.00, 10.46, and 11.96 respectively. The results show that the experimental group differed significantly from the control group in the dimensions of neuroticism and manifest anxiety. No significant differences were found between the 2 groups in terms of extraversion. The stressful nature of pregnancy is briefly discussed.     

An empirical study of seriously disturbed suicidal patients

Aspects of unconscious processes in a group of seriously disturbed psychiatric patients are examined in an effort to predict near-lethal suicide attempts and explore psychoanalytic formulations of suicide. The Rorschach Inkblot Test, the most widely used projective measure in suicide research (Bongar 1991), was chosen for its potential to shed light on specific unconscious processes. Psychic states commonly associated with suicide were measured by psychoanalytic Rorschach analog scales and then subjected to a progression of statistical analyses in order to predict future occurrence and lethality of suicide attempts. On the basis of a priori hypotheses, the authors developed a suicide index comprising four psychoanalytic Rorschach signs that predicted, with considerable accuracy, which patients would later make near-lethal suicide attempts. The best predictors were unconscious processes indicative of penetrating affective overstimulation, disturbance in the capacity to maintain adequate ego boundaries, and depressive affective states characterized by a morbid preoccupation with death and inner decay. These findings provide empirical support for several well-known formulations of the unconscious motivations for suicide.     

Taxonicity of anxiety sensitivity: an empirical test among youth

Taxometric coherent cut kinetic analyses were used to test the latent structure of anxiety sensitivity (AS) among 371 youth. Anxiety sensitivity was indexed by the 18-item Childhood Anxiety Sensitivity Index (CASI; Silverman et al., J. Clin. Child Psychol. (1991), 20, 162-168). Two sets of manifest indicators of AS were constructed using the CASI: (1) three item-parcel manifest indicators: disease concerns, unsteady concerns, and mental illness concerns; and (2) nine single-item indicators representing each of these three facets of AS. Results from standard and short-scale MAXCOV procedures, internal consistency tests, analyses of simulated Monte Carlo data, and MAMBAC external consistency tests indicated that the latent structure of anxiety sensitivity among youth was taxonic. Estimated base rate of the observed AS taxon ranged between 13.6 and 16.5%. The present findings are discussed in terms of theoretical implications for the study of AS and vulnerability for anxiety psychopathology.     

An ordinal coefficient of relational agreement for multiple judges

In a recent article, Fagot proposed a generalized family of coefficients of relational agreement for multiple judges, focusing on the concept of empirically meaningful relationships. In this paper an ordinal coefficient of relational agreement, based on ranking data, is presented as a special case of the generalized family. It is shown that the proposed ordinal coefficient encompasses other ordinal coefficients, such as the Kendall coefficient of concordance, the average Spearman rank-order coefficient, and intraclass correlation based on ranks. It is also shown that the Kendall coefficient of concordance, corrected for chance agreement, is equivalent to the ordinal coefficient proposed in this paper.     

Changes in verbalizations during sandplay: an empirical study

This is a quantitative study of an 11-year-old boy diagnosed with major depression who in all but one session made a sandplay. A computerized system was used to analyse the written verbalizations on four dimensions of positive and negative: emotions, contracts (psychosocial agreements, relationships, etc.), performance (behaviour) and rewards. It was hypothesized that the verbalizations made by the patient (recorded by the therapist) would become more positive and less negative during the course of therapy. The positive and negative values of the four dimensions were correlated with the session number. This was supported on two (performance & contract) of the four positive dimensions (statistically significant). The hypothesis that the negative dimensions would become less negative was supported on all four dimensions (statistically significant). Thus, six of the eight hypotheses were supported. This uninvestigated area of research illustrates verbal interactions between patient and therapist were an important aspect of sandplay therapy. Through reanalysing the sessions for quantitative content, written recording of direct quotes and observation of behaviour, data was entered into a valid and reliable coding system to quantitatively analyze the verbalizations. This analysis of verbalizations of the patient and observations made by the therapist indicates sandplay therapy is multifaceted.     

Analysis and analyzing as reflected in an empirical study

The authors compare two investigations--the findings of the prognostic study concerning psychotherapeutic service delivery in the FRG and a follow-up study carried out among the members of the German Psychoanalytic Association. The former showed that high-frequency long-term analysis is the exception rather than the rule, and the findings of the latter differ only slightly from this determination.     

An empirical study of the validity of handwriting analysis

The EPQ was administered to 99 Ss, and a handwriting sample provided by each. A professional graphologist undertook to analyse the handwritings, and fill in the EPQ as she thought would have been done by the respondents. Significant correlations were only obtained for the P category; neither E, nor N, nor the L scale showed significant correlations between Ss and the graphologist.     

An empirical study of the diathesis-stress theory of disease

One thousand, one hundred and twenty-one Jewish concentration camp survivors were compared with 367 Jewish controls who had not been in a concentration camp, and had not lost any family members in such a camp. Of interest was the mortality of camp and comparison groups, on the hypothesis that the stress of being in a camp would adversely affect inmates. It was found that former camp inmates were over twice as likely to die of cancer, coronary heart diesease, or other causes as the comparison subjects of similar age and sex composition, and that severity of stress was correlated with mortality in the expected direction. Diathesis, determined by means of a special interviewer-administrated questionnaire, was found to interact synergistically with stress in producing high mortality.