An audit study of barriers to mental health treatment for wrongly incarcerated people.

OBJECTIVE: 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. HYPOTHESES: Therapists will reply less often to treatment inquiries from exonerees and parolees compared to another prospective client with the same symptoms and trauma history-and when therapists do reply, they will less often be willing to meet with exonerated or paroled help seekers. METHOD: We emailed 752 therapists across the United States while posing as a man seeking therapy for the mental health symptoms most commonly reported by exonerees. By random assignment, this help seeker had been either incarcerated and paroled, wrongly incarcerated and exonerated, or working as a first responder (control). For each email, we noted whether the therapist replied and, if so, the speed and length of the reply. We also content analyzed all replies for predetermined themes, including willingness to meet. RESULTS: Overall, therapists replied less often to exonerees (50.6%) than to first responders (62.9%) or parolees (61.1%), who did not differ (V = .11). Therapists' replies also differed in their willingness to meet (V = .13), such that inquiries from first responders would more often result in a meeting with a therapist (31.7%) compared with inquiries from exonerees (19.6%) or parolees (21.0%). CONCLUSIONS: Exonerees' staggering rates of mental illness may be compounded by lesser treatment access. Therapists' reluctance to assist exonerees may reflect stigma and/or perceived incompetence. Our data highlight the need to destigmatize wrongful conviction, empower clinicians to treat exonerated clients, and advance legislation and other means to expand exonerees' access to mental health care. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Do laypeople recognize youth as a risk factor for false confession? A test of the 'common sense' hypothesis.

In a survey of confession experts, 94% agreed that youth is a risk factor for false confession, but only 37% felt that jurors understand this. To date, no study has tested the latter by comparing laypeople's perceptions of juvenile and adult suspects. To address this gap, Experiment 1 participants read a lengthy (i.e. interrogation and confession) or abridged (i.e. confession-only) transcript of an ostensibly juvenile or adult suspect's interrogation. Transcript length affected perceived pressure but not guilt judgments. Suspect age had little effect, with 75% of participants misjudging the juvenile as guilty. Experiment 2 then tested how expert testimony affects judgments of juvenile suspects. Participants read a lengthy or abridged interrogation transcript, with or without testimony from a juvenile confession expert. Expert testimony somewhat impacted guilt judgments but did not influence perceptions of the interrogation. Implications for interrogation practices, trial procedure and future research are discussed.

Stigma against false confessors impacts post-exoneration financial compensation.

False confessors are stigmatized more than other exonerees. Traditional theories of stigma suggest that this difference may result from confessors being seen as more responsible for their own wrongful conviction. In the current study, we examined an important tangible consequence of stigma against false confessors-namely, that it might impede their ability to win financial restitution in post-exoneration civil lawsuits. Mock jurors (N = 129), recruited online, read a case summary in which an exoneree is seeking damages after being wrongly convicted due to a false confession or eyewitness misidentification, which either did or did not result from police misconduct. When the exoneree falsely confessed in the absence of police misconduct, mock jurors rated him as most responsible for his own conviction and expressed the most doubt over his actual innocence. Contrary to legal criteria, they also awarded him smaller compensatory and punitive damage awards. Notably, the false confessor was seen as more responsible than the misidentified exoneree even if his interrogation was highly coercive. In turn, false confessors who were seen as more responsible received smaller damage awards. Implications for trial procedure and exoneree compensation are discussed.

Does video recording inhibit crime suspects? Evidence from a fully randomized field experiment.

In partnership with a small city police department, we randomly informed or did not inform 122 crime suspects that their interrogations were being video-recorded. Coding of all sessions indicated that camera-informed suspects spoke as often and as much as did those who were not informed; they were as likely to waive Miranda at the outset and later; they were as likely to make admissions and confessions, not just denials; and they were perceived no differently by detectives on a range of dimensions. Looking at distal outcomes, we observed no differences in ultimate case dispositions. In terms of policy and practice, results did not support the hypothesis that recording-even when transparent, as required in 2-party consent states-inhibits suspects or alters case dispositions. At least for now, this conclusion is empirically limited to situations in which cameras are concealed and to interrogations that do not involve juveniles, homicides, or drug crimes, which we a priori excluded from our sample. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

Police reports of mock suspect interrogations: A test of accuracy and perception.

A 2-phased experiment assessed the accuracy and completeness of police reports on mock interrogations and their effects on people's perceptions. In Phase 1, 16 experienced officers investigated a mock crime scene, interrogated 2 innocent suspects-1 described by the experimenter as more suspicious than the other-and filed an incident report. All 32 sessions were covertly recorded; the recordings were later used to assess the reports. In Phase 2, 96 lay participants were presented with a brief summary of the case and then either read 1 police report, read 1 verbatim interrogation transcript, or listened to an audiotape of a session. Results showed that (a) Police and suspects diverged in their perceptions of the interrogations; (b) Police committed frequent errors of omission in their reports, understating their use of confrontation, maximization, leniency, and false evidence; and (c) Phase 2 participants who read a police report, compared to those who read a verbatim transcript, perceived the process as less pressure-filled and were more likely to misjudge suspects as guilty. These findings are limited by the brevity and low-stakes nature of the task and by the fact that no significant effects were obtained for our suspicion manipulation, suggesting a need for more research. Limitations notwithstanding, this study adds to a growing empirical literature indicating the need for a requirement that all suspect interrogations be electronically recorded. To provide a more objective and accurate account of what transpired, this study also suggests the benefit of producing verbatim transcripts. (PsycINFO Database Record

Lost proof of innocence: The impact of confessions on alibi witnesses.

The present study investigated how alibi witnesses react in the face of an innocent suspect's confession. Under the pretext of a problem-solving study, a participant and confederate completed a series of tasks in the same testing room. The confederate was subsequently accused of stealing money from an adjacent office during the study session. After initially corroborating the innocent confederate's alibi that she never left the testing room, only 45% of participants maintained their support of that alibi once informed that the confederate had confessed (vs. 95% when participants believed the confederate had denied involvement). Even fewer (20%) maintained their corroboration when the experimenter insinuated that their support of the alibi might imply their complicity. The presence of a confession also decreased participants' confidence in the accuracy of the alibi and their belief in the confederate's innocence. These findings suggest that a police-induced confession can strip an innocent confessor of a vital source of exculpatory evidence. This effect may well explain the often-puzzling absence of exculpatory evidence in many cases involving wrongful conviction.

Do confessions taint perceptions of handwriting evidence? An empirical test of the forensic confirmation bias.

Citing classic psychological research and a smattering of recent studies, Kassin, Dror, and Kukucka (2013) proposed the operation of a forensic confirmation bias, whereby preexisting expectations guide the evaluation of forensic evidence in a self-verifying manner. In a series of studies, we tested the hypothesis that knowing that a defendant had confessed would taint people's evaluations of handwriting evidence relative to those not so informed. In Study 1, participants who read a case summary in which the defendant had previously confessed were more likely to erroneously conclude that handwriting samples from the defendant and perpetrator were authored by the same person, and were more likely to judge the defendant guilty, compared with those in a no-confession control group. Study 2 replicated and extended these findings using a within-subjects design in which participants rated the same samples both before and after reading a case summary. These findings underscore recent critiques of the forensic sciences as subject to bias, and suggest the value of insulating forensic examiners from contextual information.

Does video recording alter the behavior of police during interrogation? A mock crime-and-investigation study.

A field study conducted in a midsized city police department examined whether video recording alters the process of interrogation. Sixty-one investigators inspected a staged crime scene and interrogated a male mock suspect in sessions that were surreptitiously recorded. By random assignment, half the suspects had committed the mock crime; the other half were innocent. Half the police participants were informed that the sessions were being recorded; half were not. Coding of the interrogations revealed the use of several common tactics designed to get suspects to confess. Importantly, police in the camera-informed condition were less likely than those in the -uninformed condition to use minimization tactics and marginally less likely to use maximization tactics. They were also perceived by suspects-who were all uninformed of the camera manipulation-as trying less hard to elicit a confession. Unanticipated results indicated that camera-informed police were better able to discriminate between guilty and innocent suspects in their judgments and behavior. The results as a whole indicate that video recording can affect the process of interrogation-notably, by inhibiting the use of certain tactics. It remains to be seen whether these findings generalize to longer and more consequential sessions and whether the camera-induced differences found are to be judged as favorable or unfavorable.

Unpacking workplace stress and forensic expert decision-making: From theory to practice.

Workplace stress can affect forensic experts' job satisfaction and performance, which holds financial and other implications for forensic service providers. Therefore, it is important to understand and manage workplace stress, but that is not simple or straightforward. This paper explores stress as a human factor that influences forensic expert decision-making. First, we identify and highlight three factors that mitigate decisions under stress conditions: nature of decision, individual differences, and context of decision. Second, we situate workplace stress in forensic science within the Challenge-Hindrance Stressor Framework. We argue that stressors in forensic science workplaces can have a positive or a negative impact, depending on the type, level, and context of stress. Developing an understanding of the stressors, their sources, and their possible impact can help forensic service providers and researchers to implement context-specific interventions to manage stress at work and optimize expert performance.

A practical tool for information management in forensic decisions: Using Linear Sequential Unmasking-Expanded (LSU-E) in casework.

Forensic analysts often receive information from a multitude of sources. Empirical work clearly demonstrates that biasing information can affect analysts' decisions, and that the order in which task-relevant information is received impacts human cognition and decision-making. Linear Sequential Unmasking (LSU; Dror et al., 2015) and LSU-Expanded (LSU-E; Dror & Kukucka, 2021) are examples of research-based procedural frameworks to guide laboratories' and analysts' consideration and evaluation of case information. These frameworks identify parameters-such as objectivity, relevance, and biasing power-to prioritize and optimally sequence information for forensic analyses. Moreover, the LSU-E framework can be practically incorporated into any forensic discipline to improve decision quality by increasing the repeatability, reproducibility, and transparency of forensic analysts' decisions, as well as reduce bias. Future implementation of LSU and LSU-E in actual forensic casework can be facilitated by concrete guidance. We present here a practical worksheet designed to bridge the gap between research and practice by facilitating the implementation of LSU-E.

The low prevalence effect in fingerprint comparison amongst forensic science trainees and novices.

The low prevalence effect is a phenomenon whereby target prevalence affects performance in visual search (e.g., baggage screening) and comparison (e.g., fingerprint examination) tasks, such that people more often fail to detect infrequent target stimuli. For example, when exposed to higher base-rates of 'matching' (i.e., from the same person) than 'non-matching' (i.e., from different people) fingerprint pairs, people more often misjudge 'non-matching' pairs as 'matches'-an error that can falsely implicate an innocent person for a crime they did not commit. In this paper, we investigated whether forensic science training may mitigate the low prevalence effect in fingerprint comparison. Forensic science trainees (n = 111) and untrained novices (n = 114) judged 100 fingerprint pairs as 'matches' or 'non-matches' where the matching pair occurrence was either high (90%) or equal (50%). Some participants were also asked to use a novel feature-comparison strategy as a potential attenuation technique for the low prevalence effect. Regardless of strategy, both trainees and novices were susceptible to the effect, such that they more often misjudged non-matching pairs as matches when non-matches were rare. These results support the robust nature of the low prevalence effect in visual comparison and have important applied implications for forensic decision-making in the criminal justice system.

Cognitive bias in forensic pathology decisions.

Forensic pathologists' decisions are critical in police investigations and court proceedings as they determine whether an unnatural death of a young child was an accident or homicide. Does cognitive bias affect forensic pathologists' decision-making? To address this question, we examined all death certificates issued during a 10-year period in the State of Nevada in the United States for children under the age of six. We also conducted an experiment with 133 forensic pathologists in which we tested whether knowledge of irrelevant non-medical information that should have no bearing on forensic pathologists' decisions influenced their manner of death determinations. The dataset of death certificates indicated that forensic pathologists were more likely to rule "homicide" rather than "accident" for deaths of Black children relative to White children. This may arise because the base-rate expectation creates an a priori cognitive bias to rule that Black children died as a result of homicide, which then perpetuates itself. Corroborating this explanation, the experimental data with the 133 forensic pathologists exhibited biased decisions when given identical medical information but different irrelevant non-medical information about the race of the child and who was the caregiver who brought them to the hospital. These findings together demonstrate how extraneous information can result in cognitive bias in forensic pathology decision-making.

Juror appraisals of forensic evidence: Effects of blind proficiency and cross-examination.

Forensic testimony plays a crucial role in many criminal cases, with requests to crime laboratories steadily increasing. As part of efforts to improve the reliability of forensic evidence, scientific and policy groups increasingly recommend routine and blind proficiency tests of practitioners. What is not known is how doing so affects how lay jurors assess testimony by forensic practitioners in court. In Study 1, we recruited 1398 lay participants, recruited online using Qualtrics to create a sample representative of the U.S. population with respect to age, gender, income, race/ethnicity, and geographic region. Each read a mock criminal trial transcript in which a forensic examiner presented the central evidence. The low-proficiency forensic examiner elicited a lower conviction rate and less favorable impressions than the control, an examiner for which no proficiency information was disclosed. However, the high-proficiency examiner did not correspondingly elicit a higher conviction rate or more favorable impressions than the control. In Study 2, 1420 participants, similarly recruited using Qualtrics, received the same testimony, but for some conditions the examiner was cross-examined by a defense attorney. We find cross-examination significantly reduced guilty votes and examiner ratings for low-proficiency examiners. These results suggest that disclosing results of blind proficiency testing can inform jury decision-making, and further, that defense lawyering can make proficiency information particularly salient at a criminal trial.

Forensic Confirmation Bias: Do Jurors Discount Examiners Who Were Exposed to Task-Irrelevant Information?*, †.

Knowledge of task-irrelevant information influences judgments of forensic science evidence and thereby undermines their probative value (i.e., forensic confirmation bias). The current studies tested whether laypeople discount the opinion of a forensic examiner who had a priori knowledge of biasing information (i.e., a defendant's confession) that could have influenced his opinion. In three experiments, laypeople (N = 765) read and evaluated a trial summary which, for some, included testimony from a forensic examiner who was either unaware or aware of the defendant's confession, and either denied or admitted that it could have impacted his opinion. When the examiner admitted that the confession could have influenced his opinion, laypeople generally discounted his testimony, as evidenced by their verdicts and other ratings. However, when the examiner denied being vulnerable to bias, laypeople tended to believe him-and they weighted his testimony as strongly as that of the confession-unaware examiner. In short, laypeople generally failed to recognize the superiority of forensic science judgments made by context-blind examiners, and they instead trusted examiners who claimed to be impervious to bias. As such, our findings highlight the value of implementing context management procedures in forensic laboratories so as not to mislead fact-finders.