Relation of affect control theory to the sentencing of criminals

Past researchers (A. Blumstein, J. Cohen, S. E. Martin, & M. H. Tonry, 1983; A. Von Hirsch & H. Gross, 1981) have explored legal variables and demonstrated the significance of various criteria (e.g., criminal's prior record, seriousness of offense, influence of victim) on the sentencing of criminals. Affect control theory (D. R. Heise, 1979) focuses on inferences about the identity of the criminal. In the present study, the author examined the influence of the foregoing legal variables and affect control theory in sentencing decisions by using U.S. undergraduates' reactions to statements of criminals and of victims. Results of a 2 (criminal's emotion: sad vs. unconcerned) x 2 (victim's emotion: sad vs. unconcerned) x 2 (prior record: none vs. auto theft) factorial design supported affect control theory and demonstrated the significance of the victim's perceived identity in sentencing decisions, even when information about the prior record was provided.     

The influence of race on sentencing: A meta-analytic review of experimental studies

This article presents a meta-analytic review of simulation studies that examine the effect of defendant's race on jurors' sentencing decisions. Several narrative reviews have characterized the results of these studies as inconsistent or demonstrating only occasional effects. In contrast, the present meta-analysis indicated significant overall support for the hypothesis that racial bias influences sentencing decisions. In addition, our analysis failed to support several common generalizations that have been made about this literature. That is, we did not find that stronger results were associated with older studies, those taking place in the southern US, or those involving the crime of rape. Instead, several components of methodological rigor—the nature of the race manipulation, presence of controls for victim's race, and specification of the race of the subject sample—were most closely associated with stronger results in these studies.     

Victim Impact Testimony and Juror Judgments: The Effects of Harm Information and Witness Demeanor1

Victim impact testimony (i.e., testimony concerning the harmful consequences on the victim's surviving family) was examined to determine its effect on the sentencing judgments of mock jurors. Undergraduate students (N= 293) watched a videotaped murder trial simulation, rendered verdicts, and made sentencing judgments. During the penalty phase of the trial, participants were either given no victim impact testimony, or they were given victim impact testimony that varied both the severity of the harm information (mild harm/ severe harm) and the demeanor of the witness (low affect/high affect). The results indicate that information concerning the harm experienced by the victim's relatives, not the affective demeanor of the witness, influenced sentencing judgments. Implications for the U.S. Supreme Court decision in Payne v. Tennessee (1991) are discussed.     

Aggressive Outcomes and Videogame Play: The Role of Length of Play and the Mechanisms at Work

We conducted three experiments to rectify methodological limitations of prior studies on selective exposure to music and, thereby, clarify the nature of the impact of sad mood on music preference. In all studies, we experimentally manipulated mood (sad vs. neutral in Experiments 1 and 2; sad vs. neutral vs. happy in Experiment 3) and then assessed participants' preferences for expressively happy versus sad musical selections. To further help illuminate the reasons for their music preferences, we also asked participants to indicate how they believed listening to each song would affect their current emotional state as well as how appropriate they felt it would be to select a given song. Results suggested that individuals in sad moods were not reliably inclined to listen to sad songs, but rather, were strongly averse to listening to happy songs, apparently out of concern that choosing such songs would feel inappropriate. We discuss implications of these findings for theories of selective media exposure and emotion regulation.     

Can the uncertainty appraisal associated with emotion cancel the effect of the hunch period in the Iowa Gambling Task?

Research has given little attention to the influence of incidental emotions on the Iowa Gambling Task (IGT), in which processing of the emotional cues associated with each decision is necessary to make advantageous decisions. Drawing on cognitive theories of emotions, we tested whether uncertainty-associated emotion can cancel the positive effect of the hunch period, by preventing participants from developing a tendency towards advantageous decisions. Our explanation is that uncertainty appraisals initiate deliberative processing that is irrelevant to process emotional cues, contrary to intuitive processing (Kahneman, 2003; Tiedens & Linton, 2001). As expected, uncertainty-associated emotion cancelled the positive effect of the hunch period in the IGT compared to certainty-associated emotion: disgusted participants (certainty-associated emotion) and sad participants induced to feel certainty developed a stronger tendency towards advantageous decisions than sad participants induced to feel uncertainty. We discuss the importance of the core components that trigger incidental emotions to predict decision making.     

Preschoolers' social information processing and early school success: The challenging situations task

As part of a larger longitudinal project on the assessment of preschoolers' social‐emotional development, children's social information processing (SIP) responses to unambiguous hypothetical situations of peer provocation were assessed for 298 four‐year‐olds from Head Start and private childcare settings. Measurement focused on emotions children would feel during these situations, and their behaviour response decisions. Participants most often chose sad and angry emotions, and socially competent and passive behaviours. Relations were found between sad emotion and socially competent behaviour choices, as well as between angry emotion and aggressive behaviour choices. Sad emotion and socially competent behaviour responses contributed to variance in contemporaneous and later school adjustment and kindergarten academic readiness. There was evidence that the contributions of sad emotion responses were mediated by those of socially competent behaviour choices. Results bolstered calls to include emotion in SIP measures, supported predictive validity for this SIP measure in a large representative sample of preschoolers, and pointed to fruitful pathways for future research.     

Empathy's Relation to Appraisal of the Emotional Child Witness

When observing others, we often try to determine how they ‘really feel’ deep down inside (emotional feeling) regardless of their outward expression (emotional appearance). We examined whether child victim empathy predicts appraisal of a child sexual assault victim's emotional feelings and, in turn, child and defendant believability and verdict decisions. Undergraduates (N = 50) rated photographs of 5‐ and 13‐year‐olds' degree of sadness. Then, a new group of undergraduates (N = 354), randomly assigned within a 2 (victim age) × 2 (victim gender) × 3 (victim sadness: low, medium, and high/teary) factorial design, read trial scenarios accompanied by one of the photographs. Participants rated the victim's emotional feeling and emotional appearance, victim and defendant believability, defendant guilt, and confidence in their verdict. A structural equation model that included a relation between empathy and emotion appraisal fit the data well: Empathy predicted appraisal of the victim's feelings, which, in turn, predicted perceived believability. Implications are discussed.Copyright © 2017 John Wiley & Sons, Ltd.     

Effects of Offenders' Age and Health on Sentencing Decisions

ABSTRACT

Two experiments investigated the effects of age and health on mock judges' sentencing decisions. The effects of these variables on length of prison sentence were examined in the context of offense severity and prior convictions. Experiment 1 involved a violent crime. Main effects were observed for age, health, offense severity and prior convictions. There was also an age by offense severity interaction. Experiment 2 involved a child sexual abuse case. Main effects were observed for health, offense severity, and prior convictions. In addition, an age by offense severity by prior convictions interaction effect was found. Thus, across both experiments, the age leniency effect was moderated by legal factors, suggesting that extra-legal factors affect sentencing in the context of legal factors. Further, for both offenses, offenders in poor health received shorter sentences than offenders in good health, suggesting that health deserves further research attention as an extra-legal variable.     

Empathy and risk status for child physical abuse: the effects of an adult victim's pain cues and an adult victim's intent on aggression

It has been proposed that abusive parents and parents at high risk for child physical abuse could be more likely to view children's behavior as being motivated by hostile intent [e.g., Milner, 1993], as compared to nonabusive and low‐risk parents. This kind of misattribution of other's behavior may inhibit empathic emotion, and therefore, could block the inhibiting effect of a victim's pain cues on aggression [Baron, 1979]. An experiment was designed to analyze the moderating effect of an adult victim's intent on aggression in high‐ and low‐risk participants for child physical abuse. A 2 × 2 factorial design based upon two levels of the participant's risk status (high, low) and two levels of victim's intent (positive, ambiguous) was employed. All participants observed an adult victim's pain cues. Ninety‐five (48 high and 47 low risk for child physical abuse) undergraduate females enrolled in courses at the University of the Basque Country participated in the experiment. The main effects of victims' intent and of participants' risk status were statistically significant. Participants in the ambiguous victim's intent condition aggressed significantly more than participants in the positive victim's intent condition. Moreover, high‐risk participants aggressed more than low‐risk participants regardless of the victim's intent. A significant interaction between risk status and victim's intent was expected. High‐risk subjects for child physical abuse were expected to aggress more than low‐risk subjects only in the ambiguous victim's intent condition. However, results did not support this hypothesis. Aggr. Behav. 32:1–12, 2006. © 2006 Wiley‐Liss, Inc.     

The Angry Juror: Sentencing Decisions in First‐Degree Murder

A great deal of research in legal decision making has overlooked the influence of affect on the decision‐making process. The present study measured the fluctuation of emotions across five time points of a capital trial and tested the overall relationship between changes in emotion and sentencing decisions. The results showed that across all participants, anger initially increased and then decreased during the course of a capital punishment trial. Most importantly, the more individual mock jurors' anger increased during any stage of the trial, the more likely they were to assign a death sentence. Furthermore, when jurors' anger increased, they rated mitigating factors presented by the defense as weaker and the weaker mitigation mediated the relationship between change in anger and sentencing. The paper ends with a discussion of theoretical explanations and policy implications. Copyright © 2012 John Wiley & Sons, Ltd.     

Physical and psychological causality as determinants of culpability in sexual harassment cases

In this study a hierarchical legal model was presented to explain how observers arrive at decisions regarding culpability and disciplinary action in cases of alleged sexual harassment. Subjects read a vignette describing a sexual advance. Information about the flagrance of the request, the victim's response, and the frequency of similar encounters were manipulated in order to examine their impact on dimensions of culpability. Subjects then completed a series of Likert-type scales designed to assess the critical dimensions in the model. The findings provided support for the model, suggesting that subject's decisions regarding physical causality and psychological causality are critical factors in attribution of responsibility and that these attributions impact subsequent disciplinary decisions.     

Taxing behavioral control diminishes sharing and costly punishment in childhood

Instances of altruism in children are well documented. However, the underlying mechanisms of such altruistic behavior are still under considerable debate. While some claim that altruistic acts occur automatically and spontaneously, others argue that they require behavioral control. This study focuses on the mechanisms that give rise to prosocial decisions such as sharing and costly punishment. In two studies it is shown in 124 children aged 6–9 years that behavioral control plays a critical role for both prosocial decisions and costly punishment. Specifically, the studies assess the influence of taxing aspects of self‐regulation, such as behavioral control (Study 1) and emotion regulation (Study 2) on subsequent decisions in a Dictator and an Ultimatum Game. Further, children's perception of fairness norms and emotional experience were measured. Taxing children's behavioral control prior to making their decisions reduced sharing and costly punishment of unfair offers, without changing perception of fairness norms or the emotional experience. Conversely, taxing children's emotion regulation prior to making their decisions only led to increased experience of anger at seeing unfair offers, but left sharing, costly punishment and the perception of fairness norms unchanged. These findings stress the critical role of behavioral control in prosocial giving and costly punishment in childhood.     

Sentencing severity with mock jurors: Predictive validity of three variable categories

Previous studies have identified three categories of variables which influence decisions of mock jurors: type of crime, defendant characteristics, and personal characteristics of jurors. This study manipulated the following variables towards the ends of assessing their influence on mock jurors' sentencing severity: premeditated vs. unpremeditated murder, black vs. white defendant, low SES vs. high SES defendant. Only defendant SES predicted sentencing severity: low SES defendants were assigned significantly longer sentences than high SES defendants. None of the measures of juror characteristics correlated with sentencing severity. Failure to replicate significant relationships with most of these variables and sentencing severity suggest that results of studies which manipulate only one variable dimension may overestimate the influence of these variable dimensions in mock jurors' decisions.     

Measuring facial identity and emotion integration using the redundancy gain paradigm

Early theories on face perception posit that invariant (i.e., identity) and changeable (i.e., expression) facial aspects are processed separately. However, many researchers have countered the hypothesis of parallel processes with findings of interactions between identity and emotion perception. The majority of tasks measuring interactions between identity and emotion employ a selective attention design, in which participants are instructed to attend to one dimension (e.g., identity) while the other dimension varies orthogonally (e.g., emotion), but is task irrelevant. Recently, a divided attention design (i.e., the redundancy gain paradigm) in which both identity and emotion are task relevant was employed to assess the interaction between identity and emotion. A redundancy gain is calculated by a drop in reaction time in trials in which a target from both dimensions is present in the stimulus face (e.g., “sad Person A”), compared with trials with only a single target present (e.g., “sad” or “Person A”). Redundancy gains are hypothesized to point to an interactive activation of both dimensions, and as such, could complement designs adopting a selective attention task. The initial aim of the current study was to reproduce the earlier findings with this paradigm on identity and emotion perception (Yankouskaya, Booth, & Humphreys, Attention, Perception, & Psychophysics, 74(8), 1692–1711, 2012), but our study failed to replicate the results. In a series of subtasks, multiple aspects of the design were manipulated separately in our goal to shed light on the factors that influence the redundancy gain effect in faces. A redundancy gain was eventually obtained after controlling for contingencies and stimulus presentation time.     

Stakes and risk: Incapacitative intent in sentencing decisions

Measures of seriousness of the conviction offense and prior criminal record are strong correlates of sentences. This is consistent with a desert orientation to sentencing. Competing sentencing theories emphasize concepts of risk and incapacitation, but their roles in sentencing decisions have received less attention. This study focused on judicial risk assessments and on the concept of stakes. Both variables plausibly are related to incapacitative intents of judges. Our hypotheses that the risk and stakes measures used are relatively independent and correlated with, and have an interaction effect on, decision outcomes were supported. Both judges' assessments of risk and our stakes scale accounted for substantial variation in the decision to incarcerate. Time actually served in confinement also was related substantially to stakes, risk, and their interaction. Implications of the stakes and risk concepts for future guidelines development and decision study in criminal justice are discussed.     

Playing dice with criminal sentences: the influence of irrelevant anchors on experts' judicial decision making

Judicial sentencing decisions should be guided by facts, not by chance. The present research however demonstrates that the sentencing decisions of experienced legal professionals are influenced by irrelevant sentencing demands even if they are blatantly determined at random. Participating legal experts anchored their sentencing decisions on a given sentencing demand and assimilated toward it even if this demand came from an irrelevant source (Study 1), they were informed that this demand was randomly determined (Study 2), or they randomly determined this demand themselves by throwing dice (Study 3). Expertise and experience did not reduce this effect. This sentencing bias appears to be produced by a selective increase in the accessibility of arguments that are consistent with the random sentencing demand: The accessibility of incriminating arguments was higher if participants were confronted with a high rather than a low anchor (Study 4). Practical and theoretical implications of this research are discussed.     

Improving Juror Comprehension of Judicial Instructions on the Entrapment Defense1

When the defense of entrapment is raised, the legal and psychological question is not whether the defendant committed some illegal act, but rather why the defendant behaved as he or she did and whether government agents' actions provoked the defendant to commit the same crime. The subjective test of entrapment focuses on the predisposition of the defendant to commit a particular crime, while the objective test focuses on situational forces. In Study 1, type of entrapment defense (subjective, objective) and the defendant's prior record (no prior record, prior record) were experimentally manipulated. As expected, superior comprehension of the judge's instructions was found for jurors who heard subjective test instructions. Study 2 was designed to improve the comprehension and judgments of jurors who received 1 of 3 versions of the objective test. Juror comprehension of key legal concepts and subsequent judgments improved if jurors heard one of the rewritten versions of the objective test.     

Coping With Threats to Just‐World Beliefs: Derogate,Blame, or Help?1

The present research investigated Lerner's (1970, 1980) just‐world theory by manipulating victim‐related factors in a scenario and measuring several possible strategies for dealing with the threat to participants' just‐world beliefs created by the victim's intense suffering. Participants read a story about a victim who varied in terms of his character (likeable vs. unlikeable) and behavioral responsibility for causing his accident (high vs. low). The general pattern of results showed that for the unlikeable low‐responsibility victim, the primary response to protect justice beliefs appeared to be character derogation; for the likeable high‐responsibility victim, the primary protective strategy appeared to be blame; and for the likeable low‐responsibility victim, the primary protective strategy appeared to be compensation. Implications for just‐world theory are discussed.     

Being Happy and Seeing 'Happy' ': Emotional State Mediates Visual Word Recognition

Lexical decision and word-naming experiments were conducted to examine influences of emotions in visual word recognition. Emotional states of happiness and sadness were induced with classical music. In the first two experiments, happy and sad participants (and neutral-emotion participants in Experiment 2) made lexical decisions about letter-strings, some of which were words with meanings strongly associated with the emotions happiness, love, sadness, and anger. Emotional state of the perceiver was associated with facilitation of response to words categorically related to that emotion (i.e. happy and sad words). However, such facilitation was not observed for words that were related by valence, but not category, to the induced emotions (i.e. love and anger words). Evidence for categorical influences of emotional state in word recognition was also observed in a third experiment that employed a word-naming task. Together the results support a categorical emotions model of the influences of emotion in information processing (Niedenthal, Setterlund, & Jones, 1994). Moreover, the result of the wordnaming experiment suggests that the effects of emotion are evident at very early stages in cognitive processing.