Risk assessment in sentencing and plea bargaining: The roles of prosecutors and defense attorneys

Research on risk assessment in sentencing has focused heavily on the role of judges. Ignoring the role of other courtroom actors in the sentencing process, however, leaves unexamined the potentially significant effects on judicial decision making of arguments made by prosecutors and defense attorneys at sentencing hearings. Unduly focusing on judges also overlooks the vast majority of sentences arrived at through negotiated guilty pleas. We explored the extent to which considerations of risk are made among prosecutors and defense attorneys when advocating for given sentences in open court or during plea negotiations. We surveyed all prosecutors and defense attorneys in 14 judicial circuits in Virginia and found that most prosecutors and defense attorneys at least “sometimes” explicitly invoked actuarial risk estimates both at sentencing hearings and during plea negotiations. However, defense attorneys were much more likely than prosecutors to be averse to the use of risk assessment in either form of case disposition.     

Development and effects of client trust in criminal defense attorneys: preliminary examination of the congruence model of trust development

The present study examines the relation between client participation in attorney-client relationships, the development of client trust in criminal defense attorneys, and client satisfaction with attorneys and case outcomes. The congruence model of trust development (CMTD) is proposed to explain the relation between desired participation by clients, allowed participation by attorneys, and the development of client trust in attorneys. The CMTD predicts that clients who trust their attorneys will subsequently be satisfied with their attorneys and case outcomes. A sample of 96 experienced criminal defendants currently in prison completed the Attorney-Client Trust Scale (ACTS: Boccaccini and Brodsky, 2002) and provided information about their experiences with their most recent criminal defense attorneys. Findings were generally consistent with the CMTD in suggesting that (i) allowed participation is associated with trust in attorneys, and (ii) trust is associated with satisfaction with attorneys and case outcomes.     

Attorney- client decision- making in criminal cases: Client competence and participation as perceived by their attorneys

The authors employed a structured interview to ascertain public defenders' perceptions of their clients' competence and the degree of their participation in the defense. In a sample of 122 randomly selected, non-dismissed felony cases, attorneys had doubts about the competence of 14.8% (n = 18) of their clients. Attorneys reported that clients whose competence was doubted were less involved in decision-making and, overall, were passive participants in their cases. Nearly one-half of these clients were not referred for assessment by a mental health professional. The authors compare the practices of attorneys faced with clients of suspected competence with those of mental health clinicians treating patients with impairments in decision-making capacity.     

How type of excuse defense, mock juror age, and defendant age affect mock jurors' decisions

The authors investigated the effects of mock juror age (younger vs. older), defendant age (22 vs. 65), and type of excuse defense used by defendants (a highly self-inflicted condition, Cocaine Dependency Disorder, vs. a less self-inflicted condition, Posttraumatic Stress Disorder) on mock juror decisions. Ninety-six younger and 96 older adults read a scenario and answered a questionnaire. Results indicated that the defendant using the highly self-inflicted excuse was more likely to receive a guilty verdict and a longer sentence than was the defendant using the less self-inflicted excuse. Older jurors were more certain of their verdicts and saw the defendant as more responsible for his condition than did younger jurors. Defendant age did not affect juror decisions. In addition, excuse type and juror age affected the jurors' perceptions of the victim's responsibility for the attack. The authors discuss the potential influence of juror age on perceptions of defendant responsibility.     

Guardianship determinations by judges, attorneys, and guardians

Guardianship is intended to protect incapacitated individuals through the appointment of a surrogate decision maker. Little is known about how judges, attorneys, and professional guardians assess the need for guardianship, to what extent they apply statutory guidelines when making these determinations, and how their decisions compare. Three groups of participants (probate judges, elder law attorneys, and professional guardians) read vignettes portraying older adults that varied in the extent to which the evidence supported the appointment of a guardian. They were asked about the appropriateness of various resolutions. Participants were reluctant to endorse full guardianship even when warranted by the evidence and preferred informal, family-based interventions that do not involve legal action. Professional groups did not always agree on the appropriate resolutions, suggesting that one's professional orientation may play a role in perceptions of older adults.     

Processing complexity and sentence memory: evidence from amnesia.

This study examines sentence memory as a function of linguistic processing complexity in amnesic patients. Sentence length as well as lexical and syntactic complexity were manipulated in two sentence repetition experiments. It was found that the amnesic patients performed considerably worse than the control subjects and that performance decreased: (1) when sentence length was increased by the addition of adjuncts compared to arguments of the verb; (2) when the verb selected more thematic frames; and (3) when sentences involved "empty" argument positions that must be linked to antecedents, particularly across clausal boundaries. These data showed how linguistic complexity affects sentence memory and implied that the amnesic deficit did not involve a generalized difficulty for materials of similar length, rather, the deficit was specific to certain representational types and processing routines.     

The competency of criminal defendants to refuse,for delusional reasons,a viable insanity defense recommended by counsel

This article addresses the issues of whether mentally ill defendants charged with serious crimes who refuse to plead a viable and counsel-recommended insanity defense for delusional reasons (but who are otherwise competent to stand trial) should be considered to be competent, or incompetent, to stand trial; whether such defendants should be allowed to represent themselves with a delusional defense; and whether an insanity defense may properly be imposed upon such defendants. Based on an analysis of relevant Supreme Court decisions and other relevant cases, it is concluded that such defendants should not be allowed to go forward with a delusional defense (at least until reasonable efforts to treat the defendants' delusions are made). It is also argued, however, that unless an insanity defense would be viable (as well as recommended by counsel) delusional defendants who are otherwise competent to stand trial should be permitted to go forward, and represent themselves, with the defense of their choosing.     

Visual word recognition by bilinguals in a sentence context: evidence for nonselective lexical access

Recent research on bilingualism has shown that lexical access in visual word recognition by bilinguals is not selective with respect to language. In the present study, the authors investigated language-independent lexical access in bilinguals reading sentences, which constitutes a strong unilingual linguistic context. In the first experiment, Dutch-English bilinguals performing a 2nd language (L2) lexical decision task were faster to recognize identical and nonidentical cognate words (e.g., banaan-banana) presented in isolation than control words. A second experiment replicated this effect when the same set of cognates was presented as the final words of low-constraint sentences. In a third experiment that used eyetracking, the authors showed that early target reading time measures also yield cognate facilitation but only for identical cognates. These results suggest that a sentence context may influence, but does not nullify, cross-lingual lexical interactions during early visual word recognition by bilinguals.     

Initial ownership in bargaining: introducing the giving, splitting, and taking ultimatum bargaining game

In three experiments, the authors studied the role of initial ownership of property in bargaining behavior. For this purpose, they created three new variations of the Ultimatum Bargaining Game (UBG): giving, splitting, and taking UBGs. On the basis of insights of loss aversion and the do-no-harm principle, the authors predicted and found that allocations to the recipient were highest in the taking UBG and lowest in the giving UBG. Additional measures to study the underlying mechanism of this effect indicate that the game type effect was mediated by perceptions of entitlement, which allocators did not want to infringe on. Moreover, the effect was not affected by strategic options as provided by deception or power.     

Alibi believability: Corroborator certainty,cooperativeness and relationship with the defendant

Alibi believability can be affected by characteristics of the alibi corroborator, including the relationship between the defendant and corroborator, which has been studied extensively by researchers. The corroborator's certainty that they were together at the time of the crime may also influence alibi believability, but only a few studies have examined this. Another factor that may affect believability is the corroborator's cooperativeness with the police, which is yet to be studied in the alibi context. Online U.S. participants recruited from CloudResearch (N = 280) acted as mock jurors and evaluated a mock arson case where the defendant used an alibi defence. The alibi corroborator's relationship to the defendant (brother/neighbour), the certainty that they were together at the time (65%/100%) and cooperativeness with police (cooperative/uncooperative) were manipulated between participants. The participants were evenly split when it came to verdict (p > .05) but were more likely to vote guilty when the corroborator was a brother rather than a neighbour (p < .01) and when the brother was uncooperative versus cooperative (p < .05). As expected, alibis were more believable when they were corroborated by a neighbour rather than a brother and when the corroborator was 100% certain that they were together versus 65% certain (ps < .01). Alibis were also more believable when the corroborator cooperated than when he was uncooperative (p < .01). Cooperative (vs. uncooperative) corroborators led to more positive defendant and corroborator views on all six character trait measures (ps < .01). Implications and future directions are discussed.     

Syntactic priming in English sentence production: categorical and latency evidence from an Internet-based study

To date, syntactic priming in sentence production has been investigated categorically, in terms of the probabilities of reusing particular syntactic structures. In this paper, we report a web-based replication of Pickering and Branigan (1998), Experiment 1, using a typed sentence completion paradigm that made it possible to record not only the responses made but also the response onset latency for each sentence completion. In conditions where priming occurred (as determined categorically), responses took less time when target completions were of the same type as preceding prime completions than when they differed. As well as validating Internet-based research by direct comparison with laboratory-based work, our findings strengthen the support for an architectural account of syntactic priming as envisaged by Pickering and Branigan.     

Video playback,affective witnessing,and the mobility of trauma: Video evidence of violent crime in the criminal justice system

In today's technologically mediated society, video is increasingly relied upon as an objective and reliable source of evidence in the investigation and prosecution of violent crimes. The now pervasive presence of violent video in the criminal justice system, however, presents new challenges for understanding repeated work-related exposure to and witnessing of potentially traumatic material and its impacts. Thus, this project seeks to qualitatively examine the relational affective processes that occur among criminal justice professionals when violent crimes are captured on video. We present four key categories organized around the circumstances of exposure and its impacts: 1) playback in the investigative and pre-trial process; 2) sharing videos among colleagues; 3) playing videos for victims, witnesses, and families and; 4) transmission in the broader public. Findings suggest this work involves deeply embodied processes where video evidence of violent crime enables a virtual presence at scenes and an emotional proximity to events through new forms of witnessing. These affective experiences are one relational dynamic that keeps witnessing active, thus expanding the mobility of trauma, its reach and potential impacts.     

Sensitivity to local sentence context information in lexical ambiguity resolution: evidence from left- and right-hemisphere-damaged individuals

Using a cross-modal semantic priming paradigm, the present study investigated the ability of left-hemisphere-damaged (LHD) nonfluent aphasic, right-hemisphere-damaged (RHD) and non-brain-damaged (NBD) control subjects to use local sentence context information to resolve lexically ambiguous words. Critical sentences were manipulated such that they were either unbiased, or biased toward one of two meanings of sentence-final equibiased ambiguous words. Sentence primes were presented auditorily, followed after a short (0 ms) or long (750 ms) interstimulus interval (ISI) by the presentation of a first- or second-meaning related visual target, on which subjects made a lexical decision. At the short ISI, neither patient group appeared to be influenced by context, in sharp contrast to the performance of the NBD control subjects. LHD nonfluent aphasic subjects activated both meanings of ambiguous words regardless of context, whereas RHD subjects activated only the first meaning in unbiased and second-meaning biased contexts. At the long ISI, LHD nonfluent aphasic subjects failed to show evidence of activation of either meaning, while RHD individuals activated first meanings in unbiased contexts and contextually appropriate meanings in second-meaning biased contexts. These findings suggest that both left (LH) and right hemisphere (RH) damage lead to deficits in using local contextual information to complete the process of ambiguity resolution. LH damage seems to spare initial access to word meanings, but initially impairs the ability to use context and results in a faster than normal decay of lexical activation. RH damage appears to initially disrupt access to context, resulting in an over-reliance on frequency in the activation of ambiguous word meanings.     

自主选择偏好：表现、机制与应用

自主选择偏好指当面临自主选择或委托他人选择时, 人们总是偏好自主选择, 即使为此付出代价也在所不惜。自主选择偏好可能有过度自信、控制幻觉和模糊厌恶的原因, 但更多可能源于自主选择本身承载了某种内在价值。奖赏系统(纹状体、内侧前额叶)的神经活动是其关键的神经基础, 同时自主选择也受认知调控系统的调节。未来研究应在社会情景下揭示自主选择偏好的作用机制和调控因素, 并探索它在群体间的平衡机制, 以增进个体幸福和群体利益。     

Physical discipline,escalation, and child abuse potential: psychometric evidence for the Analog Parenting Task

Data from three studies provide new evidence to support the validity of the Analog Parenting Task (APT) as an instrument to assess risk for harsh, physically aggressive parenting. In this series of studies, there was a strong association between APT scores of expected use and escalation of discipline strategies and self‐reported disciplinary attitudes. APT scores were also associated with physical abuse potential as assessed by both a well‐established measure of child abuse potential (Child Abuse Potential Inventory) and another instrument designed specifically for use in pre‐parent populations (e.g., Adult–Adolescent Parenting Inventory‐2). This study provides new psychometric evidence to support the use of the APT to assess harsh parenting. Additionally, these data highlight the connection between acceptance and use of physical disciplinary strategies, propensity for disciplinary escalation, and risk for abuse perpetration. The findings are discussed in the context of Milner's Social Information Processing model [Milner, 2003] of abuse, which suggests that parental selection of disciplinary responding and the monitoring of disciplinary responding are key events in the disciplinary process. The APT may prove a useful adjunct to more commonly used self‐report measures to allow for multimethod assessment of risk for punitive parenting. Aggr. Behav. 36:251–260, 2010. © 2010 Wiley‐Liss, Inc.