Fractional factorial designs for legal psychology

Researchers considering novel or exploratory psycholegal research are often able to easily generate a sizable list of independent variables (IVs) that might influence a measure of interest. Where the research question is novel and the literature is not developed, however, choosing from among a long list of potential variables those worthy of empirical investigation often presents a formidable task. Many researchers may feel compelled by legal psychology's heavy reliance on full-factorial designs to narrow the IVs under investigation to two or three in order to avoid an expensive and unwieldy design involving numerous high-order interactions. This article suggests that fractional factorial designs provide a reasonable alternative to full-factorial designs in such circumstances because they allow the psycholegal researcher to examine the main effects of a large number of factors while disregarding high-order interactions. An introduction to the logic of fractional factorial designs is provided and several examples from the social sciences are presented.     

Juror Decision‐making in Death Penalty Sentencing when Presented with Defendant's History of Child Abuse or Neglect

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. Using vignettes and two large samples (students and jurors), defendant histories were found to mitigate the probability that the hypothetical defendant received the death penalty, with sexual abuse having the most salient effect. Further, the effects were conditioned by preference for the death penalty – larger mitigating effects were observed among individuals who favor the death penalty. These findings suggest that initial judgments of abuse and neglect are related to juror leniency, and further research on the interaction of jury instructions and defendant histories is needed. Copyright © 2017 John Wiley & Sons, Ltd.     

Authoritarianism,Anger, and Hostile Attribution Bias: A Test of Affect Displacement

Past research has supported the hypothesis that the relationship between harsh childhood punishment and adult political attitudes is due to the displacement of negative emotions that arise onto punitive public policies, e.g., support for the death penalty (Milburn, Conrad, Sala, & Carberry, 1995). Cognitions associated with childhood punishment may also impact adult political attitudes, yet their effects have not yet been examined, despite research that shows that punitive childhood experiences increase the tendency to attribute hostility to others. Thus, we investigated whether the tendency to make hostile attributions about others' behavior influences a person's authoritarianism, controlling for their parents' political orientation. Respondents completed an online survey concerning their childhood punishment experiences, their parents' political orientation, their trait anger, their level of hostile attribution bias (HAB), and their authoritarianism. Multiple regression analyses and structural equation modeling (SEM) found that higher childhood punishment has a significant direct effect on higher levels of authoritarianism, even after controlling for parents' political orientation, and that trait anger and HAB appear to mediate the effects of childhood punishment experiences on authoritarianism,. These results support the process of affect displacement as an important influence on adult punitiveness and political orientation.     

Understanding the Dark Side of Costly Punishment: The Impact of Individual Differences in Everyday Sadism and Existential Threat

In public goods situations, a specific destructive behaviour reliably emerges when individuals face the possibility of costly punishing others: antisocial punishment, that is, costly punishing cooperative individuals. So far, however, little is known about the individual differences and situational factors that are associated with the dark side of costly punishment. This research deals with this shortcoming. We argue that antisocial punishment reflects the basic characteristics of sadism, namely, aggressive behaviour to dominate and to harm other individuals. We further argue that antisocial punishment may reflect a type of behaviour that allows for the maintenance of self‐esteem (through aggressively dominating others). Therefore, we expect that individuals who report a disposition for everyday sadism are particularly likely to engage in antisocial punishment when their self has been threatened (by thinking about one's own death). In a study (N = 99), we found empirical support for this assumption. The present research contributes to a better understanding of antisocial punishment and suggests that sadistic tendencies play a crucial role, especially when the self is (existentially) threatened. Copyright © 2015 European Association of Personality Psychology     

The Capital Punishment Debate: Public Perceptions of Crime and Punishment1

Psychophysical scales for seriousness of crime and severity of punishment were developed to aid in investigating the Eighth Amendment issue of whether the death penalty is “cruel and unusual” punishment. Using indirect crossmodality matching techniques with a quota sample of the Boston SMSA, satisfactory scales were obtained for both dimensions with most items in both scales concentrated toward the serious/severe end as planned. Further, specific case vignettes in which experimental variations were embedded were also developed; psychophysical lines production judgments for these specific cases indicated that quite complex social stimuli can be successfully judged psychophysically. Results indicated that (1) capital and noncapital offenses are thoroughly intermingled in seriousness ratings; (2) the death penalty is not rated as significantly more severe than life imprisonment without parole; (3) respondents assign the death penalty relatively rarely even to serious offenses, and then in a manner not particularly in line with capital statutes; and (4) respondents' weighing of extra-legal and legally relevant aspects of capital cases is inconsistent with current statutes. These results suggest multiple ways in which capital punishment could be defined as “cruel”, and strongly suggest the need for further research and through about the issue.     

Psychological jurisprudence and the information processing paradigm

The purpose of this article is to further recent work in the psychology of jurisprudence. After summarizing the value positions that are central to a jurisprudence that emphasizes the role of law in the everyday lives of individuals, we examine the interaction between the tenets of that philosophy and the paradigmatic content of psycholegal research. We propose that one dominant perspective, information processing, assumes that legal actors are imperfect processors of social information and proceeds to document biases and propose ways for the law to minimize shortcomings in human cognition. After summarizing the emerging theory of psychological jurisprudence, we discuss the information processing paradigm in psychology and law, illustrating its contributions with three recent studies. Next, we present an empirical analysis of abstracts from the last 5 years of empirical research to demonstrate that there is a representative body of information processing research in psychology and law. Following this is an in-depth assessment of a sample of cognitive and social cognitive studies, detailing the scientific and normative issues that make up this literature. Finally, we conclude with some recommendations for jurisprudential theorists and psycholegal researchers which will integrate the philosophy of psychology and law with its empirical underpinnings.     

群体偏好与年级对小学生利他惩罚行为的影响

采用独裁者博弈（DG）探讨了群体偏好对不同年级小学生利他惩罚行为的影响。研究1对450名小学生利他惩罚行为的年级发展特点进行了测查。研究2以168名小学生为被试,考察了在独裁者博弈中与独裁者的关系、性别与年级对小学生（第三方）利他惩罚行为的影响。研究3以180名小学生为被试,考察了在独裁者博弈中与接受者的关系、性别与年级对小学生（第三方）利他惩罚行为的影响。结果发现：（1）利他惩罚行为在1至3年级之间有显著增长,3至5年级之间不仅没有增加反而有所下降。（2）3年级小学生开始表现出明显的群体偏好。（3）利他惩罚行为的性别差异不明显,与女生比男生更利他的预期相左。结论：小学生至少在6岁就已经出现了利他惩罚行为且逐渐表现出群体偏好;小学生道德行为发展中可能存在“3年级现象”;女生可能更愿意通过非惩罚的方式达成公平。     

Situational moderators of leader reward and punishment behaviors: fact or fiction?

One assumption shared by many contemporary models of leadership is that situational variables moderate the relationships between leader behaviors and subordinate responses. Recently, however, R. J. House and J. L. Baetz (1979 in B. Staw & L. Cummings, Eds., Research in Organizational Behavior (Vol. 1), Greenwich, Connecticut, JAI Press) have suggested that the effects of some leader traits and behaviors may be relatively invariant; that is, have the same effects in a variety of situations. One possible class of leader behaviors which may have relatively consistent effects across situations are those known as leader reward and punishment behaviors. The first goal of the research reported here was to increase our understanding of the relationships between leader contingent and noncontingent reward and punishment behaviors and subordinate responses. Contingent reward behavior was found to have the most pronounced relationships with subordinate performance and satisfaction, followed by noncontingent punishment behavior. Neither leader noncontingent reward nor contingent punishment behavior were found to be related to either subordinate performance or satisfaction, with the exception that noncontingent reward behavior was negatively related to subordinates' satisfaction with work. The second goal of the research was to examine the effects of a variety of potential moderators on the relationships between leader reward and punishment behaviors and subordinate responses. The results of this study suggest that the relationships between leader reward and punishment behaviors and subordinates' performance are relatively free of moderating effects.     

State of the States: A survey of statutory law,regulations and court rules pertaining to guilty pleas across the United States

A psycholegal research agenda on guilty pleas is in its nascent stage. Multijurisdictional surveys of related law and policy may advance this research agenda by focusing investigators on the specifics of existing policies and motivating cross‐jurisdictional comparisons of diverse policies. We thus conducted a systematic, national survey of statutes, regulations and court rules across the United States pertaining to nine aspects of the guilty plea process, including sentencing differentials, collateral consequences and waiver of rights, which have been identified in existing legal and psycholegal research and commentary. Following a discussion of these issues, including legal concerns and existing research findings, we present the results of our systematic survey. We supplement this review with a non‐systematic sampling of appellate case law. Broadly, there was notable diversity in whether and how jurisdictions approached these issues. We discuss general and specific implications of our findings for future research, emphasizing the importance of data on actual policies and procedures to the design of studies that may contribute to evidence‐based criminal justice policy.     

Psycholegal standards and the role of psychological assessment in personal injury litigation

Conceptual and procedural aspects of the forensic practitioner's role in personal injury litigation are identified relative to the provision of evaluative, consultative, and court-related services. A model is presented for comprehensive clinical and psychodiagnostic assessment consistent with concepts of legal relevance and probative value. The model facilitates rendering psycholegal formulations and opinions regarding compensatory damages when retained to examine mental and emotional elements entered as causes of action in tort. The differential contribution of state and trait level conditions, and of proximate, pre-existing, and coexisting factors to the causal nexus of impairment is considered in this context toward establishing preincident baseline functioning and making pre-post comparisons. Approaches toward delineating the range and severity of impairments that are related to the instant event, and separating these from nonproximate factors and from the dynamics of primary and secondary gain, are considered.     

Corporal punishment,psychological maltreatment,violence, and punitiveness in America: Research,advocacy, and public policy

The high levels of punitiveness in our society are used to explain why it is taking so long to ban corporal punishment in American schools. Corporal punishment in home and school, and the related issues of psychological maltreatment and violence, are discussed in terms of definitions, demography, research, and effects. Advocacy research is explained as an approach to amelioration and to test the hypothesis that the United States is the most punitive of Western democracies. Policy initiatives for legislative action and prevention are presented.     

"i hope someone murders your mother!": an exploration of extreme support for the death penalty

Although general support for the death penalty is decreasing, a segment of the pro-death penalty population continues to support capital punishment with great vehemence. Extreme support for the death penalty is expressed through angry, confrontational, and sometimes threatening verbal attacks against condemned prisoners and opponents of capital punishment. Expressions of this support are especially strong around the time of highly publicized executions. This paper explores extreme support for capital punishment in the months before and after Tennessee's first execution in 40 years, using data gathered from newspaper reports, letters to the editor, interviews with death penalty opponents, and the authors' own experiences. Linking Bowers and Pierce's brutalization theory with community psychology theory, we explore ways in which highly publicized executions seem to unleash of hatred and violent intention among a number of death penalty supporters and how this behavior may illuminate research of increases in homicide after highly executions.     

Opinion formation in evaluating sanity at the time of the offense: an examination of 5175 pre-trial evaluations

Sanity evaluations are high-stake undertakings that explicitly examine the defendant's culpability for a crime and implicitly explore clinical information that might inform a plea agreement. Despite the gravity of such evaluations, relatively little research has investigated the process by which evaluators form their psycholegal opinions. In the current study, we explore this process by examining 5175 sanity evaluations conducted by a cohort of forensic evaluators in Virginia over a ten-year period. Our analyses focus on (i) the clinical, criminal, and demographic attributes of the defendant correlated with opinions indicative of insanity; (ii) the clinical content of the evaluations and the legal criteria referenced as the basis for the psycholegal opinion; (iii) the process and outcome differences in the sanity evaluations conducted by psychologists versus psychiatrists; and (iv) the consistency in these opinions over a ten year period. Analyses predicting an opinion of insanity indicate a positive relationship with psychotic, organic, and affective diagnoses and previous psychiatric treatment. Analyses also indicate a negative relationship with prior criminal history, drug charges, personality disorder diagnosis, and intoxication at the time of the offense. Modest racial disparities were observed with evaluators offering opinions that the defendant was insane more often for white than for minority defendants despite comparable psychiatric and criminal characteristics.     

Minimal and maximal goal orientation and reactions to norm violations

Violations of social norms can either be evaluated in an absolute or in a gradual fashion depending on whether group goals are represented as minimal or maximal goals. Recent research has shown that absolute versus gradual deviations lead to increased levels of demanded punishment and inclination to exclude the deviant from the respective moral community. In this article, we investigate whether individual differences in orientation towards setting goals in either minimal or maximal terms predict reactions to norm violation. In three studies we found that a dominant minimal goal orientation (MIN) relative to maximal goal orientation (MAX) increased punishment inclinations and social exclusion tendencies towards norm violators. These effects were mediated by affective reaction and proved to be unique goal orientation effects when possible effects of need for closure, intolerance of ambiguity and regulatory focus were controlled for. Copyright © 2008 John Wiley & Sons, Ltd.     

Sensitivity to reward and punishment in major depressive disorder: Effects of rumination and of single versus multiple experiences

In the current study, we examined the postulation that rumination makes it difficult for depressed individuals to learn the exact probability that different stimuli will be associated with punishment. To do so, we induced rumination or distraction in depressed and never-depressed participants and then measured punishment and reward sensitivity with a probabilistic selection task. In this task, participants first learn the probability that different stimuli will be associated with reward and punishment. During a subsequent test phase in which novel combinations of stimuli are presented, participants’ sensitivity to reward is tested by measuring their tendency to select the stimuli that were most highly rewarded during training, and their sensitivity to punishment is tested by measuring their tendency to not select the stimuli that were most highly punished during training. Compared with distraction, rumination led depressed participants to be less sensitive to the probability that stimuli will be associated with punishment and relatively less sensitive to punishment than reward. Never-depressed participants and depressed participants who were distracted from rumination were as sensitive to reward as they were to punishment. The effects of rumination on sensitivity to punishment may be a mechanism by which rumination can lead to maladaptive consequences.     

Race for Power in Public Good Games with Unequal,Unstable Punishment Power

Decentralized punishment can maintain contributions to a public good at a high level. This positive effect holds even for situations involving inequality in punishment power, meaning that the relative costs for punishment differ between persons. We extend this line of research by examining the additional influence of instability of and thus potential competition for punishment power in public good experiments. As in previous research, inequality is operationalized by assigning the role of a ‘strong player’ to one group member, who can punish others at a reduced cost compared to other players. Instability is operationalized by the fact that the role assignment can change across rounds and is contingent on behavior in previous rounds. Three experiments show that under unequal, unstable (punishment‐) power, individuals behave more competitively and engage in a race for power resulting in detrimental effects for the group. Specifically, we find that (i) unstable power goes along with a disproportionate use of punishment; (ii) not inequality by itself but rather the combination of instability and inequality causes this effect; and (iii) this excessive use of punishment is found not only when the role of the strong player is assigned to individuals who previously behaved rather selfishly but also when prosocial behavior leads to the top, speaking for a generalizability of our findings. Implications for organizational settings are discussed. Copyright © 2016 John Wiley & Sons, Ltd.     

Psycholegal issues in Sibling Bone Marrow Donation

The only hope of survival for children with a number of life-threatening illnesses is a successful bone marrow transplant (BMT). Unlike the treatment source for most therapies, the raw material for transplant therapy comes from a human being. Although, many BMTs are autologous, utilizing the patient's own bone marrow, a large percentage of childhood BMTs rely on bone marrow from children or adolescents who are biological siblings to the sick child. Medical and legal systems are confronted with a dilemma when healthy children are needed to undergo minimally risky, yet somewhat painful, procedures for the benefit of their critically ill siblings. This article reviews legal issues involved in sibling bone marrow donation and psychological research that is relevant to those issues. The article concludes with proposed directions for future psycholegal research and a discussion of ethical issues that are not amenable to empirical investigation.     

Psycholegal issues in sibling bone marrow donation

The only hope of survival for children with a number of life-threatening illnesses is a successful bone marrow transplant (BMT). Unlike the treatment source for most therapies, the raw material for transplant therapy comes from a human being. Although many BMTs are autologous, utilizing the patient's own bone marrow, a large percentage of childhood BMTs rely on bone marrow from children or adolescents who are biological siblings to the sick child. Medical and legal systems are confronted with a dilemma when healthy children are needed to undergo minimally risky, yet somewhat painful, procedures for the benefit of their critically ill siblings. This article reviews legal issues involved in sibling bone marrow donation and psychological research that is relevant to those issues. The article concludes with proposed directions for future psycholegal research and a discussion of ethical issues that are not amenable to empirical investigation.     

Ethics in Psychology and Law: An International Perspective

Some psychologists working in the psychology and law (psycholegal) field feel that the profession does not provide them with adequate ethical guidance even though the field is arguably one of the oldest and best established applied fields of psychology. The uncertainty psychologists experience most likely stems from working with colleagues whose professional ethics differs from their own while providing services to demanding people and the many moral questions associated with the administration of law. I believe psychology’s ethics does, however, provide adequate moral guidance. It has a sound historical basis, has face validity and emphasizes those social moral principles that allow psychologists to best serve individuals and society. Psychologists may nevertheless be confronted with conflicting demands because there are other norm systems that also regulate their behavior as researchers and practitioners, and they, like all people, are influenced by their conscience. Ultimately, psychologists working in the psycholegal field will be best served if they have good knowledge of, and have internalized, the ethical principles of psychology.     

Training and career options in psychology and law

This article examines various training and career options in psychology and law. Data are discussed from a survey of universities which offer psycholegal training. Psycho-legal training programs in the US and Canada are identified. We also discuss policy and research careers for persons jointly trained in psychology and law.