The Consideration of Rape: The Effect of Target Information Disparity on Judgments of Guilt1

We hypothesized that increasing the amount of individuating but case‐irrelevant information about a target in a date‐rape trial (i.e., either the defendant or the victim/witness) would increase attributions of responsibility for that target and would thus influence judgments of defendant guilt. As predicted, merely adding trivial information, such as the victim's age, college major, and city of residence, to the rape trial vignette decreased judgments of guilt for the defendant; whereas adding corresponding information regarding the defendant increased judgments of his guilt. Ratings of perceived similarity to defendant and victim correlated significantly with responsibility and guilt, but were unaffected by the information manipulation. We suggest that target information increases target salience, which results in an increase of attributions of responsibility.     

Relation of Affect Control Theory to the Sentencing of Criminals

Abstract

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.     

Determinants of judgments of and responses to a complaint of sexual harassment

Judgments concerning a complaint of sexual harassment focused on the perpetrator as a cause of the complaint. However, judgments of the role of the victim's characteristics as a cause of the complaint and responses to the perpetrator were influenced by the victim's feminist orientation, when there was competition between the victim and the perpetrator for a promotion, and when decision makers were male. The findings have practical implications in that they point out factors that may affect how organizational decision makers judge and respond to complaints of sexual harassment.     

Improving the Credibility of Child Sexual Assault Victims in Court: The Impact of a Sexual Assault Nurse Examiner

The present study investigated the influence of a sexual assault nurse examiner's (SANE's) testimony on mock juror perceptions of a child or adolescent victim of child sexual assault. Community members (N = 252, 156 females) read a fictional criminal trial summary of a child sexual assault case in which the victim was 6 or 15 years old and the prosecution presented medical testimony from a SANE or a traditional registered nurse (RN), or did not present medical testimony. Mock jurors were more likely to render guilty verdicts when a SANE testified compared with the other two testimony conditions. In addition, pro-victim judgments (e.g., sympathy toward the victim) and negative defendant judgments (e.g., anger toward the defendant) mediated this relation. Finally, cognitive network representations of the case demonstrated that the RN and no-medical-testimony groups were similar and the SANE group was distinct from the other two conditions. We discuss these results in terms of the implications of SANE testimony in child sexual assault court cases. Copyright © 2015 John Wiley & Sons, Ltd.     

Legal and Social Issues Surrounding Closed-Circuit Television Testimony of Child Victims and Witnesses

Summary

Prosecution of crimes involving child victims and witnesses is particularly difficult because of the age of the children involved. Facing the alleged offender in court and the experience itself of testifying in an open court with dozens of onlookers are acutely difficult. The effect on children may be traumatic, with the potential to produce substantial psychological and emotional harm. Various court procedures have been implemented in the United States in an effort to minimize these effects. Court procedures can include erecting screens to shield the child victim or witness, presenting videotaped testimony, or testifying via one-way or two-way closed-circuit television. Closed-circuit television (CCTV) testimony, which is especially controversial, involves both legal issues surrounding the constitutionality of such testimony and social issues regarding the effectiveness of closed-circuit television testimony. Substantial variation across states in provisions for closed-circuit television testimony for child witnesses is problematic. Consideration is given to how social science research directly influenced the Supreme Court's decision in Maryland v. Craig(1990), and the current state of research regarding use of CCTV and court outcomes. Some research suggests a pro-defense bias when CCTV is used.     

Child‐Witness and Defendant Credibility: Child Evidence Presentation Mode and Judicial Instructions1

Child‐witness presentation mode, judicial instructions, and deliberation stage effects on juror ratings of child witness and defendant were investigated Perceptions of the impact of presentation mode on witnesses, juror task, and justice also were explored. Participants (N= 108) viewed a simulated child sexual abuse trial videotape. Overall child‐witness credibility was significantly more positive with videodeposition or court‐given child evidence than with videolink. The defendant was seen as more definitely guilty when child testimony was court given than by videodeposition or videolink. Presentation mode also significantly influenced perceived impact on child witness, defendant case, and juror task. Judicial instructions interacted with presentation mode to affect perceptions of impact on child witness and juror task. Findings are discussed in relation to previous research, and implications for future research and practice are outlined.     

Effects of Testimonial Inconsistencies and Witness Group Identity on Mock‐Juror Judgments1

We examined the interaction of testimonial consistency and witness group identity on mock jurors' judgments of witness effectiveness, probability that the defendant committed the crime, and verdict. In a 3 × 2 (Witness Group Identity × Testimonial Consistency) between‐groups design, 180 mock jurors heard a trial of a person charged with assault. Although both variables affected judgments, group‐identity effects were weak when testimony was characterized by inconsistencies, and they were stronger when testimony was internally consistent but ambiguous. The judgment patterns were consistent with predictions from Chaiken, Liberman, and Eagly's (1989) heuristic‐systematic processing theory, suggesting that heuristic processing would bias systematic processing when the evidence was not decisive.     

Traditional and Nontraditional Women's Attributions of Responsibility to Physically Resistive and Nonresistive Rape Victims1

This research examined the interactive effect of women observers' sex-role attitudes and a victim's use of physical resistance on perceptions of victim responsibility for a sexual assault. Women read one of two rape scenarios in which a victim either did or did not physically resist a rapist's attack and made judgments concerning victim responsibility. The observers were categorized as being either traditionally conservative or nontraditionally profeminist in their attitudes toward women and their roles in society. An analysis of responsibility judgments indicated that traditional women perceived a victim who resisted the attack as being more responsible for her own victimization than did nontraditional women, whereas nontraditional women assigned more responsibility to a victim who did not resist than did traditional women. These results are considered from a sex-role socialization perspective; the implications of these findings for legal and health care professionals are discussed.     

Attributions of Responsibility in Cases of Sexual Harassment: The Person and the Situation1

When observers learn about a case of sexual harassment, it is common for them to assign responsibility to the victim and perpetrator. However, attributions of responsibility are complex judgments often based on variables beyond the case's details (e.g., attitudes). The present study examined how victim response, victim and perpetrator gender, and participant gender and gender‐role attitudes influenced participants' attributions. Victim and perpetrator responsibility were measured before and after participants knew the victim's reaction in order to examine whether new information would alter participants' attributions. Consistent with previous research, gender differences were found for attributions and attitudes. Victim and perpetrator gender did not affect attributions. However, biases appeared in open‐ended responses. Finally, only females made distinctions of responsibility across victim reaction condition.     

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.     

How jurors use and misuse character evidence

The Federal Rules of Evidence allow defendants to offer testimony about their good character, but that testimony can be impeached with cross-examination or a rebuttal witness. It is assumed that jurors use the defense's character evidence (CE) to form guilt and conviction judgments but use impeachment evidence only to assess the character witness's credibility. Two experiments tested these assumptions by presenting mock jurors with various forms of CE and impeachment. Participants made trait ratings for the character witness and defendant and guilt and conviction judgments. Positive CE did not affect guilt or conviction judgments, but cross-examination caused a backlash in which judgments were harsher than when no CE was given. Using path analysis, the authors tested a model of the process by which CE and impeachment affect defendant and witness impressions and guilt and conviction judgments. Implications for juror decision making are discussed.     

Influences of Destructive Personality Information on Decision Making1

This study examined the effects of information about a landlord's personality on juror judgments for a landlord-tenant civil trial. The personality information manipulated was specifically relevant to destructive acts. Alternative versions of witness testimony were used to describe a landlord either high or low on need for power. treating people as objects, and negative life themes. This information strongly influenced aspects of the schema for this case constructed by the individual mock jurors. Destructive personality information caused dislike of the landlord and lowered the credibility of his story. If the landlord treated people as objects, the credibility of the tenant's story and positive evaluations of the tenant increased. Juror judgments about relative fault were strongly shifted by destructive personality information. An empirical model for juror decisions indicated a dynamic interplay of story components and fault judgments.     

Differential Male and Female Responses to Inadmissible Sexual History Information Regarding a Rape Victim

Two experiments were conducted to assess the effects of exposure to sexual activity information regarding a rape victim. The results of the first experiment indicated that men had a greater tendency to attribute a female target person's sexual activity to dispositional causes than did women. In the second experiment, subjects read an acquaintance rape scenario suggesting that the victim had a promiscuous sexual past. They were instructed either to ignore this sexual history information when making judgments (inadmissible condition) or to use whatever information that they felt was appropriate (admissible condition). Control subjects were given no information regarding the victim's sexual past. Thus, the design was a 2 (Sex of Subject) x 3 (Information Admissibility: Admissible, Inadmissible, or Control) factorial. The results indicated: (a) When compared to those in the inadmissible condition, victim perceptions from subjects in the admissible condition were less favorable, (b) victim perceptions from male subjects were less favorable than those from female subjects, and (c) male subjects in the inadmissible condition attributed more responsibility to the victim than did the controls whereas female subjects in the inadmissible condition attributed less responsibility to the victim than did controls. Possible bases of these findings are discussed.     

Justice motive effects in ageism: The effects of a victim's age on observer perceptions of injustice and punishment judgments

Drawing on just-world theory and research showing that older persons are generally assigned a devalued status in society, we examined the impact of an innocent victim's age on observer perceptions of injustice and punishment reactions. In three experiments, we demonstrated that observers perceived the suffering of an older (vs. younger) person as less unfair, which, in turn, reduced their willingness to punish the harm doer. In Study 1, participants rated a car accident as less unfair and consequently punished the harm doer less when the victim was older. In Study 2, participants recommended punishing a harm doer less when the victim was older (vs. younger) when the need to believe in a just world was threatened (i.e., only when the victim was innocent). In Study 3, only participants higher in ageism perceived the suffering of an older (vs. younger) victim as less unfair and, consequently, recommended less punishment for the harm doer.     

The cost of forgiveness: Observers prefer victims who leave unfaithful romantic partners

Ninety‐six male fraternity members (Study 1), 112 female voters (Study 2), and 219 undergraduates (Study 3) read scenarios in which a group representative forgave, retaliated, or left a romantic partner after the partner's sexual infidelity was publically revealed. Observers rated a victim who forgave his or her partner to be as mature as a victim who ended the relationship, but also as weaker and less competent. They rated a victim who forgave to be more mature but almost as weak and incompetent as a victim who retaliated. Symbolic concerns that the victim's behavior violated shared values (all three studies) or damaged the group's power/status (Study 3) mediated the relationship between victim behavior and victim ratings. These data demonstrate how the symbolic concerns that shape observers' judgments of an offender can extend to observers' judgments of the victim. Copyright © 2014 John Wiley & Sons, Ltd.     

Risk perception and victim perception: The judgment of HIV cases

There is a vast literature confirming that reactions to different risks are strongly affected by characteristics other than scientific risk estimates; most of this research has concentrated on mapping people's representations of sets of widely varying dangers (e.g. diseases, natural disasters, accidents). This study explored a potentially vital component of risk that cannot be studied by eliciting general reactions to many hazards: the extent to which who is at risk contributes to perceptions and judgments of a risk. While it may be preferable to assume that misfortunes affect the population uniformly, of course the truth is not so egalitarian. Thus, for both theoretical and policy reasons, it is worth exploring psychometrically representations of a particular risk as it affects different people. Using multidimensional scaling and hierarchical cluster analysis, we constructed models of respondents' representations of a disease assumed to be particularly affected by victim perception: Human Immunodeficiency Virus (HIV). Subjects rated the similarity of all possible pairs among 16 scenarios involving HIV infection; the scenarios contained information about both the victim and the method of contraction. A set of attribute scales as well as political/demographic information allowed us both to interpret the structures and to predict individual differences. The results confirmed that reactions to HIV infection are greatly affected by reactions to the victim. In particular, the perceived distastefulness and riskiness of the method of infection loomed larger than did either the overall likability of the victim or the general riskiness of the victim's behavior. Further, the salience of the most statistically influential dimension, ‘deservedness’, depended significantly on demographic and political characteristics of the respondents, suggesting that the relationship between personal values and risk perception is in part mediated by victim perception. Implications for risk perception work and public policy are discussed.     

How Video Image Size Interacts with Evidence Strength,Defendant Emotion,and the Defendant–Victim Relationship to Alter Perceptions of the Defendant

Courtroom video presentations can range from images on small screens installed in the jury box to images on courtroom video monitors or projection screens. Does video image size affect jurors' perceptions of information presented during trials? To investigate this we manipulated video image size as well as defendant emotion level presented during testimony (low, moderate), the defendant–victim relationship (spouses, strangers), and the strength of the evidence (weak, strong). Participants (N = 263) read a case and trial summary, watched video of defendant testimony, and then answered a questionnaire. Larger screens generally accentuated what was presented (e.g., made stronger evidence seem stronger and weaker evidence seem weaker), acting mainly upon trial outcome variables (e.g., verdict). Non‐trial outcomes (e.g., defendant credibility) were generally affected by defendant emotion level and the defendant–victim relationship. Researchers and attorneys presenting video images need to recognize that respondents may evaluate videotaped trial evidence differently as a function of how video evidence is presented. Copyright © 2014 John Wiley & Sons, Ltd.     

Information Integration Theory,Juror Bias,and Sentence Recommendations Captured Over Time in a Capital Trial

Initial juror verdicts have been shown to predict final verdicts, leading researchers to conclude that jurors seek confirmatory information during trial (confirmation bias) or distort information to fit pre‐existing biases (pre‐decisional distortion). However, Information Integration Theory suggests that individuals are not distorting/ignoring this information, and instead, information influences judgments in the direction of the message. The current study sought to test these competing theories in a juror setting. Mock jurors were presented with the sentencing phase of a capital trial and were asked to give sentence recommendations at eight different time points. Additionally, they were grouped by their pretrial bias as being pro‐defense, neutral, or pro‐prosecution. Results showed support for Information Integration Theory; although jurors' pretrial bias predicted final sentence, sentence recommendations were affected in the direction of the testimony presented throughout the trial (e.g., pro‐defense testimony lowered death penalty decisions across all groups). Implications and future directions are discussed. Copyright © 2015 John Wiley & Sons, Ltd.