LAW AND HUMAN BEHAVIOR

Comparing predictive validity of Youth Level of Service/Case Management Inventory scores in Indigenous and non-Indigenous Canadian youth
Peterson-Badali M
There is an increasing recognition of the necessity to establish the predictive validity of risk assessment scores within specific population subgroups, particularly those (including Indigenous peoples) who are overrepresented in the criminal justice system. I compared measures of discrimination and calibration of the Youth Level of Service/Case Management Inventory (YLS/CMI) in Indigenous and non-Indigenous youth probationers in Ontario, Canada.
The Miranda penalty: Inferring guilt from suspects' silence
Lawrence ML, Saiter ER, Eerdmans RE and Smalarz L
Despite the risks inherent to custodial police interrogation, criminal suspects may waive their rights and submit to police questioning in fear that exercising their rights or remaining silent will make them appear guilty. We tested whether such a penalty exists.
The structured assessment of violence risk in youth demonstrates measurement invariance between Black and White justice-referred youths
Cohn JR, Perrault RT, Cicero DC and Vincent GM
Identification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method for assessing one form of bias. Measurement invariance involves determining whether risk items in an instrument appear to be functioning the same between racial or other groups. Thus, the present study examined measurement invariance of the Structured Assessment of Violence Risk in Youth (SAVRY) between non-Latino Black and White youths to examine racial bias.
Lived experiences of bias in compensation and reintegration associated with false admissions of guilt
Catlin M, Bettens T, Redlich AD and Scherr KC
Some exonerees receive compensation and aid after being exonerated of their wrongful convictions, and some do not. Looking beyond differences in state statutes, we examined possible reasons for biases in receiving compensation (via statutes or civil claims) and other reintegration services. More specifically, we examined how two unique types of false admission of guilt (i.e., false confessions and false guilty pleas) could be associated with biased outcomes in compensation procurement and reintegration outcomes.
Regional gender bias and year predict gender representation on civil trial teams
Phalen HJ, Lawrence ML, Gittings KL, Line EN, Thomas SN, Eerdmans RE, Bettis TC, Campbell JC and Salerno JM
There are documented gender disparities in the legal field. We examined whether gender representation on civil trial teams varied on the basis of (a) the degree of regional gender bias "in the air" and (b) time.
Disparate impact of risk assessment instruments: A systematic review
Lawson SG, Narkewicz EL and Vincent GM
One concern about the use of risk assessment instruments in legal decisions is the potential for disparate impact by race or ethnicity. This means that one racial or ethnic group will experience harsher legal outcomes than another because of higher or biased risk estimates. We conducted a systematic review of the literature to synthesize research examining the real-world impact of juvenile and adult risk instruments on racial/ethnic disparities in legal decision making.
Who questions the legitimacy of law? A latent profile analysis using national data in China
Wang H and Dai M
The present study aims to identify meaningful distinct subgroups of legal legitimacy, thereby addressing the need to move beyond a general legitimacy-based model.
Inequality threat increases laypeople's, but not judges', acceptance of algorithmic decision making in court
Ludwig J, Heineck PM, Hess MT, Kremeti E, Tauschhuber M, Hilgendorf E and Deutsch R
Algorithmic decision making (ADM) takes on increasingly complex tasks in the criminal justice system. Whereas new developments in machine learning could help to improve the quality of judicial decisions, there are legal and ethical concerns that thwart the widespread use of algorithms. Against the backdrop of current efforts to promote the digitization of the German judicial system, this research investigates motivational factors (pragmatic motives, fairness concerns, and self-image-related considerations) that drive or impede the acceptance of ADM in court.
Reducing biases in the criminal legal system: A perspective from expected utility
Burke JL, Healy J and Yang Y
Racial biases exist in almost every aspect of the criminal legal system, resulting in disparities across all stages of legal procedures-before, during, and after a legal procedure. Building on expected utility theory, we propose an expected utility framework to organize and quantify racial disparities in legal procedures.
Degrees of freedom as a breeding ground for biases-A threat to forensic practice
Oeberst A and Oberlader V
Researcher-based degrees of freedom have been shown to contribute to low replication rates in science. That is, researchers' options within the process of designing and conducting empirical tests may increase the probability of false positive findings. The aim of this study was to transfer the concept of degrees of freedom to the practice of forensic-psychological assessment as it may likewise pose a severe threat to the reliability and validity of forensic assessments. Using an example from statement validity assessment, we identified degrees of freedom, calculated the different possible workflows that forensic experts can take, and elaborated on their consequences for the reliability and validity of their assessments. Importantly, we elaborated on why degrees of freedom likely not only increase noise in the results but also foster the occurrence of systematic biases in forensic practice.
Confirmatory information seeking is robust in psychologists' diagnostic reasoning
Neal TMS, MacLean N, Morgan RD and Murrie DC
Across two experiments, we examined three cognitive biases (order effects, context effects, confirmatory bias) in licensed psychologists' diagnostic reasoning.
Essentialism and the criminal legal system
Millar M, Berryessa CM, Willis-Esqueda C, Cantone JA, Goldfarb D, de Vel-Palumbo M, Perillo AD, Taylor TO and Becker LT
Existing literature has yet to conceptualize and consolidate research on psychological essentialism and its relation to the criminal legal system, particularly in terms of explaining how individuals with justice involvement have been and could be differentially impacted across contexts. This article explores essentialism in the criminal legal system, including its potential consequences for inequity.
Detecting criminal intent in social interactions: The influence of autism and theory of mind
Michael Z and Brewer N
Defense attorneys sometimes suggest that social-cognitive difficulties render autistic individuals vulnerable to involvement in crime, often arguing that theory of mind (ToM) difficulties that undermine inferences about others' intentions underpin this vulnerability. We examined autistic adults' ability to respond adaptively to criminal intent during interactions and whether difficulties were associated with poor ToM.
Improving graduate education in legal psychology: Early career psychologists' recommendations on diversity, debt, and applying legal psychology in the real world
Cantone JA, Alexander AA, Fountain EN, Woolard JL and Levett LM
This article reviews how training programs and professional organizations can work together to better prepare legal psychology graduate students and early career professionals (ECPs) for their first postgraduate careers.
Dementia and competency to stand trial in the United States: A case law review
Miller DR and LaDuke C
Competency to stand trial (CST) is foundational to the U.S. criminal legal system. Dementia is increasingly prevalent in the United States, and older adults are becoming involved with the U.S. criminal legal system at unprecedented rates, which carries significant implications for legal professionals and clinicians involved in CST cases. Unfortunately, CST research to date has largely excluded considerations of dementia and aging. The present study addressed this gap by reviewing U.S. case law related to dementia and CST.
Implicit bias training for police: Evaluating impacts on enforcement disparities
Worden RE, Najdowski CJ, McLean SJ, Worden KM, Corsaro N, Cochran H and Engel RS
The purpose of this study was to estimate the behavioral impacts of training police officers in implicit bias awareness and management.
Suspect race affects defense attorney evaluations of preidentification evidence
Katzman J and Kovera MB
When an officer places a suspect in an identification procedure and the witness identifies the suspect, it falls on attorneys to make decisions that reflect the strength of that identification. The factor that most affects the strength of identification evidence is the likelihood that the suspect is guilty before being subjected to the procedure, which scholars refer to as the prior probability of guilt. Given large racial disparities in exonerations based on eyewitness misidentifications, the current work examined whether defense attorneys are less sensitive to prior evidence of guilt when the defendant is Black as opposed to White.
An audit study of barriers to mental health treatment for wrongly incarcerated people
Kukucka J, Reyes-Fuentes K and Dardis CM
People who have been wrongly incarcerated report exceptionally poor mental health, and despite having been exonerated, they face discrimination similar to other formerly incarcerated people when seeking housing and employment opportunities. The current audit study was designed to test whether exonerees likewise face discrimination when seeking mental health treatment.
Emotion regulation reduces victim blaming of vulnerable sex trafficking survivors
Wiener RL, Wiener SM, Haselow R, McBride B and Sircy K
This research applied emotion regulation to negative emotions felt toward a sex trafficking victim so that judgments were made to offer her services rather than to favor her arrest for prostitution.
Do risk measure scores and diagnoses predict evaluator opinions in sexually violent predator cases? It depends on the evaluator
Boccaccini MT, Murrie DC and Harris PB
Field research increasingly reveals that forensic evaluators are not interchangeable. Instead, they tend to differ in their patterns of forensic opinions, in ways that likely reflect something about themselves, not just the persons evaluated. This study used data from sexually violent predator (SVP) evaluations to examine whether evaluator differences in making intermediate decisions (e.g., instrument scoring, assigning diagnoses) might explain their different patterns of final opinions.
Virginia Alford plea-takers experience harsher outcomes than traditional plea-takers
Dezember A and Redlich AD
Alford pleas allow defendants to profess innocence while simultaneously pleading guilty. In Study 1, we addressed two research questions: (1) Does the case processing length in Alford plea cases differ from traditional guilty plea cases? and (2) Do the sentencing outcomes (i.e., length of sentence, reduction in sentence, incarceration) in Alford plea cases differ from traditional guilty plea cases? In Study 2, we explored two research questions: (1) What is the process for offering, negotiating, and accepting Alford pleas? and (2) How does the strength of evidence compare in Alford plea cases versus traditional guilty plea cases?