Alcohol intoxicated witnesses' interpretation of social behavior in intimate partner violence

Alcohol intoxication affects social information processing, though research is scarce regarding how alcohol affected eyewitnesses' perception of social interaction within an applied forensic context. In the present study, the effects of alcohol intoxication on eyewitnesses' perception of interaction in intimate partner violence (IPV) were investigated. The participants (n = 152) were randomized to an experimental (alcohol) or control group (juice). After consumption, they viewed a filmed IPV scenario where both interacting parties were confrontational. Afterwards, they rated the involved parties' behavior. Several behaviors were perceived in a similar manner by intoxicated and sober participants, but intoxicated participants perceived both parties' attacking behaviors and some of the man's prosocial behaviors differently than sober participants. Hence, alcohol affected some, but not all, kinds of social behaviors investigated in the present study. This would be of interest to legal praxis and to future studies on intoxicated witnesses to interpersonal violence.     

How the Defendant's Emotion Level Affects Mock Jurors' Decisions When Presentation Mode and Evidence Strength Are Varied1

Two experiments (N= 443) were conducted to investigate the effects of a defendant's emotion level during testimony on mock jurors' decisions. In Experiment 1, the defendant's level of emotion (low, moderate, high) and mode of presentation (audio, video) were varied. The defendant displaying a low level, as opposed to a higher level of emotion was perceived as more guilty and less credible. In Experiment 2, using only the video mode, emotion level and evidence strength (strong, weak) were varied. Defendant emotion level tended to affect jurors' decisions only when the evidence against the defendant was weak (i.e., a stronger display of emotion was associated with a lower proportion of guilty verdicts, shorter sentence assignments, and perceptions of a more honest defendant). Path analyses for both experiments indicate that the effects of emotion on perceived guilt level are mediated by perceptions of the defendant (e.g., the defendant's level of honesty). Implications of using defendant emotion level for determining guilt are discussed.     

Alcohol Intoxication Impairs Memory and Increases Suggestibility for a Mock Crime: A Field Study

Defendants and witnesses are often intoxicated by alcohol. We investigated whether memory and resistance to suggestive cues are undermined at blood alcohol concentrations (BACs) that were (close to) zero (M_BAC = 0.01%), moderate (M_BAC = 0.06%), or high (M_BAC = 0.16%). Participants (N = 67) were approached in bars and instructed to commit a mock crime. Immediately after this, their memory and susceptibility to suggestive questions were tested, and these were re‐tested during a sober follow‐up 3–5 days later. Compared with sober participants, moderate and severe intoxication was associated with lower levels of correctly recalled crime details during both test sessions (i.e. intoxicated and sober). Also, during both sessions, severely intoxicated participants displayed a greater tendency to go along with suggestive cues compared with sober participants. Thus, intoxication impaired memory and increased suggestibility during an immediate interview, and both effects persisted when sober again. Copyright © 2015 John Wiley & Sons, Ltd.     

Does alcohol loosen the tongue? Intoxicated individuals' willingness to report transgressions or criminal behavior carried out by themselves or others

Police commonly interview intoxicated suspects. This is concerning when suspects are innocent because intoxication often leads to a higher risk for impulsive decision making and reduces inhibition. However, the manner in which intoxication affects people's reporting of unethical or criminal actions carried out by themselves or others is unknown and was thus addressed in the current study. Participants (N = 116) were randomly assigned to one of six conditions based on a 2 (transgression: self, other) × 3 (alcohol condition: low‐to‐moderate intoxication, placebo, sober‐control) between‐participants design. After drinking their assigned beverages, participants were asked to disclose a transgression. No main effect of alcohol emerged. However, the odds that participants would report a transgression were significantly higher if they were asked to report a personal, rather than someone else's, transgression. Overall, low‐to‐moderate intoxication did not increase the likelihood of sensitive information disclosure in this initial study, but additional research is needed.     

Language and Implicit Attributions in the Nuremberg Trials Analyzing Prosecutors’and Defense Attorneys’Closing Speeches

The attributional implications of prosecutors’and defense attorneys’language strategies were investigated, using the protocols of the historical Nuremberg trials. Statements from both perspectives about four German Nazi generals were coded at the sentence level with regard to three aspects: the reference of the sentence subject to the defendant (specific vs. diffuse), the linguistic category of the sentence predicate (action verbs, state verbs, adjectives), and the evaluative tone of the utterance (negative, neutral, positive). Distinct language patterns were demonstrated for the opposing parties, reflecting theoretical predictions about the attributional implications of specific linguistic tools. Apart from the fact that the same defendant's behavior was described in more positive terms by defense attorneys than prosecutors, the two sides used a number of less obtrusive, more subtle strategies. In particular, defense attorneys tended to raise positive defendant attributes to a higher level of linguistic abstractness, avoided direct person references for negative statements, and projected unavoidable negative statements onto the prosecution. In contrast, prosecutors produced the highest rate of action verbs, which implicitly suggest internal attributions of responsibility. In addition to direct negative references to the individual defendant, they also used global references to the defendant's Nazi in-group to convey the inherently negative meaning of the defendant's behavior. In general, these findings mirror previous results on the role of language in interpersonal and intergroup settings.     

Complainant’s physical attractiveness and juristic judgments of blame and punishment in physical,domestic, and sexual assault scenarios

ABSTRACT

Extralegal factors, including physical attractiveness, may bias juristic opinions. The present study provided 450 university students with hypothetical scenarios of physical, domestic, and sexual assault in which complainant’s attractiveness and other legal and extralegal characteristics were independently varied. Results indicate complainant’s attractiveness mattered in sexual assault scenarios only for guilt of the defendant, but not for physical or domestic assault. Complainant’s attractiveness was not related to perceptions of blameworthiness of complainant or punishment of defendant. Overall, legal factors of injury level, prior offending, and intoxication mattered more than attractiveness or race of the victim. Implications are discussed.     

Alcohol and Acquaintance Rape in Australia: Testing the Presupposition Model of Attributions About Responsibility and Blame1

According to the presupposition model of attributions about responsibility and blame (Bradbury & Fincham, 1990), an attribution of blame presupposes an attribution of responsibility. Both constructs share the dimensions of choice, intention, and accountability, but an additional dimension of liability relates only to blame. Reactions of 260 university students to acquaintance‐rape scenarios portraying different levels of alcohol intoxication were examined. Results showed that the model's dimensions explained much of the variance in attributions of responsibility and blame, although the hierarchical structure was not supported. Mediational analyses suggest that different attributional principles apply when assigning victim and perpetrator responsibility, which may explain why intoxicated victims are assigned more responsibility than sober victims, but intoxicated perpetrators are assigned less responsibility than sober perpetrators.     

Alcohol and unpleasant stimulation: subjective shock calibration and pain and discomfort perception

In an experiment 8 men participated in an alcohol and a sober condition in a rotated order. In both conditions subjects first calibrated a shock scale to a subjective criterion and then rated their subjective pain and total discomfort. Subjects calibrated the shock scale higher when intoxicated and rated the calibrated level equally painful in the sober and intoxicated conditions, but when intoxicated subjects actually rated the higher shock level as less uncomfortable. The shock scale was calibrated higher under intoxication not because subjects wanted to impress the experimenter but because less pain and discomfort was actually experienced.     

Perceptions of Sexual Assault: The Expression of Gender Differences and the Impact of Target Alcohol Consumption1

This research examined the impact of defendant/complainant alcohol consumption and prior sexual history evidence on mock jurors' evaluations of a sexual assault trial. Participants (N = 196) were provided with a simulated trial in which the beverage consumption of both targets and the sexual history between them was manipulated. The results displayed a complex interplay between target beverage consumption and gender of participant. Typically observed gender effects—that is, women, compared to men, were more supportive of the complainant and less supportive of the defendant—was contingent upon target beverage consumption. Depending on how aggressive participants perceived the defendant to be, women were more sympathetic to the complainant, with this being contingent upon complainants' and defendants' beverage consumption.     

The Effects of Alcohol on Crime‐related Memories: A Field Study

This field study investigated to what extent memory of criminally relevant details is affected at (close to) zero (M_BAC = 0.00%), moderate (M_BAC = 0.06%), and high (M_BAC = 0.16%) levels of alcohol intoxication. Participants (N = 76) were approached in bars and were invited to watch a mock crime from a perpetrator perspective. We also measured their blood alcohol concentration levels. After 3–5 days, when participants were sober, they underwent a free and cued recall task about the mock crime. Compared with sober controls, both moderately and highly intoxicated individuals were less complete when recollecting crime details, recalling up to 33% fewer correct details. Overall, intoxicated participants were less accurate during the cued recall task (i.e. they produced more errors) relative to sober participants. These accuracy effects were dose‐dependent for cued recall of salient features. Implications for police interrogations of defendants are discussed. Copyright © 2011 John Wiley & Sons, Ltd.     

Effects of a Visual Technology on Mock Juror Decision Making

Two studies explored the effects of lawyers' use of PowerPoint on liability judgments in a case involving statistical evidence. Participants (Study 1, N = 192; Study 2A, N = 180; Study 2B, N = 189) watched videotaped opening statements for plaintiffs and defendant. In general, defendant's responsibility was judged to be greater when plaintiffs used PowerPoint slides than when they did not and less when defendant used PowerPoint slides than when it did not. Furthermore, PowerPoint's impact was greatest when its use was unequal. PowerPoint enhanced persuasion partly through central and partly through peripheral processing. In general, each party's use of PowerPoint increased participants' recall of that party's evidence, which in turn increased defendant's judged responsibility (when plaintiffs used PowerPoint) or reduced it (when defendants used PowerPoint), indicative of central processing. PowerPoint also functioned as a peripheral cue, influencing participants' judgments of defendant's responsibility by affecting their perceptions of the respective attorneys. Copyright © 2012 John Wiley & Sons, Ltd.     

THE EFFECTS OF DEFENDANT AND COMPLAINANT INTOXICATION ON MOCK JURORS' JUDGMENTS OF SEXUAL ASSAULT

The present study investigates the impact of participant gender, rape-myth beliefs, and alcohol intoxication on the part of either the defendant and/or alleged victim on mock jurors' decisions within the context of a sexual-assault trial. Participants ( N = 152) were exposed to a sexual-assault case in which the beverage consumption (alcohol, cola) on the part of both the defendant and complainant prior to the sexual intercourse was varied systematically. Results indicated that when the defendant had consumed alcohol, as opposed to cola, participants were more likely to view the case as one of assault, to perceive the defendant as less credible, and to find the defendant guilty. When the complainant had consumed alcohol, as opposed to cola, participants found the complainant's claim less credible and were less likely to view the defendant as guilty. In addition, participants' rape-myth acceptance, which was related to guilt, mediated the relation between gender of participant and guilt.     

Reducing White Juror Bias: The Role of Race Salience and Racial Attitudes1

Both Black and White jurors exhibit a racial bias by being more likely to find defendants of a different race guilty than defendants who are of the same race. Sommers & Ellsworth (2000, 2001 ) found that salient racial issues in a trial reduced White juror racial bias toward a Black defendant. We examined if race salience could reduce White juror racial bias, even for individuals who reported high levels of racism. Making race salient reduced White juror racial bias toward a Black defendant. Jurors' racist beliefs were only associated with the verdict when the defendant's race was not made salient. This finding suggests that the effects of individual prejudice toward a Black defendant can be reduced by making the defendant's race salient.     

The impact of alcohol intoxication on witness suggestibility immediately and after a delay

Intoxicated witnesses are common, making it important to understand alcohol's impact on witness accuracy and suggestibility. Participants assigned to an immediate retrieval condition encoded and recalled in one of the three intoxication conditions: sober control, placebo, or intoxicated. Participants in the delayed retrieval condition were assigned to encode in one of the three intoxication conditions, returned a week later, and were assigned to retrieve in one of the three intoxication conditions. Intoxication condition at encoding was fully crossed with intoxication condition at retrieval in the delayed condition. Participants encoded a mock crime video and retrieved via a forced‐choice test, with answers already circled (purportedly by a prior participant); half of the precircled responses were incorrect. When recalling after a delay only, intoxication at encoding increased agreement with incorrect suggested answers and decreased accuracy. Results suggest intoxicated witnesses may benefit from being interviewed immediately rather than after a sobering delay.     

Alcohol Intoxication and Metamemory: Little Evidence that Moderate Intoxication Impairs Metacognitive Monitoring Processes

There is minimal research on metacognition in alcohol‐intoxicated participants. Study 1 examined metacognition across sober, intoxicated, and placebo groups, with the intoxicated group's breath alcohol concentration reaching 0.074 g/210 L on average immediately prior to the metacognition task. Participants answered cued recall general knowledge questions and provided confidence ratings and feeling‐of‐knowing judgments. They then completed a recognition (i.e., multiple choice) version of the same task, indicating an answer and a confidence rating for each question. Findings suggest that metacognitive accuracy generally did not vary across intoxication levels, although the control group's retrospective confidence judgments better discriminated between accurate and inaccurate responses than the alcohol groups in the recognition task. Study 2 surveyed academic psychologists about their expectations regarding the relation between alcohol and metacognition. Study 1's results were counter to their expectations, as respondents generally predicted a relation would be present. We discuss the implications for alcohol and memory.Copyright © 2017 John Wiley & Sons, Ltd.     

Racial Bias in Decisions Made by Mock Jurors Evaluating a Case of Sexual Harassment

Abstract

White (N = 161) and Black (N = 152) college students served as mock jurors in a simulated civil case in which a female plaintiff accused a male defendant of sexual harassment. The authors experimentally manipulated the race (Black or White) of the litigants and asked the mock jurors to decide whether the defendant was guilty; to rate the certainty of their belief in the defendant's guilt; and, when they judged the defendant guilty, to recommend an award to the plaintiff. Mock jurors of both races tended to favor litigants of their own race and their own gender. Racial bias was highest among White male jurors and lowest among White female jurors.     

Juror Perceptions in a Rape Trial: Examining the Complainant's Ingestion of Chemical Substances Prior to Sexual Assault

This study examined the impact of a rape complainant's willingness to ingest a chemical substance and the type of ingested substance on the decisions of 229 mock jurors. Jurors were influenced by the type of substance used by the complainant, the complainant's willingness to use a substance, and rape myths. The complainant's ingestion of alcohol (compared to gamma-hydroxybutrate [GHB] and marijuana) led to the highest guilt ratings for the defendant. The complainant who willingly ingested a substance was viewed as less credible and more to blame for the rape compared to one who unwillingly used a substance. The complainant was perceived as the most credible when she unwillingly ingested GHB or marijuana. Jurors high in rape myth acceptance gave lower ratings of guilt to the defendant compared to jurors with lower rape myth acceptance. Overall, the results highlight several juror and case factors that might bias jurors in actual rape trials.     

Habla Ingles? The Effects of Language Translation on Simulated Juror Decisions1

Two studies were conducted in which college students, acting as simulated jurors, heard the testimony of a defendant in an assault case. The testimony was presented in English or in another language (Spanish in Study 1 and Thai in Study 2) which was translated into English by an interpreter. In Study 1, non-Hispanics judged the defendant to be more guilty than did Hispanics when the defendant's testimony was presented in Spanish than when it was presented in English. This bias was offset when the judge's instructions admonished the jurors to ignore the fact that the defendant's testimony was translated. Similarly, in Study 2, subjects (all non-Thai) judged the defendent more guilty when his testimony was presented in Thai than when it was presented in English. Again, this bias was eliminated by the judge's instructions to the jurors to ignore the fact that the testimony was translated. The increased guilty verdicts for defendants who did not testify in English appeared to be due to prejudice and language ethnocentrism, the belief that defendants in U.S. courts should speak English.     

Effects of Considering Who and Why the Defendant Attacked1

Some people who are accused of a crime admit to the act, but provide an excuse. The effects of an excuse's self‐inflictedness level (high, moderate, or low) and the type of victim attacked (one partially responsible for the defendant's excusing condition, or innocent victim) were investigated. After a pretest (N= 26) to choose stimuli, participants (N= 220) read a scenario in which a male attacks another and then, once on trial, gives an excuse for his act. Those giving highly vs. less self‐inflicted excuses were more likely to receive a guilty verdict, received higher guilt level ratings, and tended to receive longer sentences; those who hurt an innocent vs. a partially responsible victim were more likely to be found guilty. In addition, the defendant's sentence was influenced by both the type of victim and the self‐inflictedness level of the excuse. The influence of perceived responsibility for an act on jurors' decisions is discussed