Counterintuitive race effects in legal and nonlegal contexts.

OBJECTIVE: Despite documented racial disparities in all facets of the criminal justice system, recent laboratory attempts to investigate racial bias in legal settings have produced null effects or racial-bias reversals. These counterintuitive findings may be an artifact of laboratory participants' attempts to appear unprejudiced in response to social norms that proscribe expressions of racial bias against Black individuals. Furthermore, given pervasive stereotypes linking Black people with crime and heightened attention to issues of racial injustice in the legal system, laboratory participants may be especially likely to attempt to appear unprejudiced in studies examining judgments of Black individuals in legal as opposed to nonlegal contexts. HYPOTHESES: We predicted that counterintuitive race effects (null and pro-Black effects) are more likely to occur in laboratory research examining race in legal than in nonlegal contexts. METHOD: We conducted a quantitative review of race effects in three leading social psychology and legal psychology journals over the last four decades (Personality and Social Psychology Bulletin [PSPB]; Law and Human Behavior [LHB]; Psychology, Public Policy, and Law [PPPL]). We then conducted two experiments in which students (N = 314; Experiment 1) and Mechanical Turk workers (N = 695; Experiment 2) read descriptions of White and Black targets in either legal or nonlegal contexts and rated each target along various characteristics (e.g., dangerous, trustworthy). RESULTS: Our analysis of the literature indicated that counterintuitive race effects were more frequent in studies examining race in legal compared with nonlegal contexts. Our experiments likewise revealed that pro-Black race effects were stronger in legal than in nonlegal contexts. CONCLUSIONS: Laboratory research on racial bias against Black people-especially in legal settings-may produce misleading conclusions about the effects of race on important real-world outcomes. Methodological innovations for studying racial bias are needed. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

The stigma of wrongful conviction differs for White and Black exonerees.

OBJECTIVE: Black people are disproportionately targeted and disadvantaged in the criminal legal system. We tested whether Black exonerees are similarly disadvantaged by the stigma of wrongful conviction. HYPOTHESES: In Experiment 1, we predicted that the stigma of wrongful conviction would be greater for Black than White exonerees. After finding the opposite pattern, we conducted two experiments to investigate the psychological underpinnings of this counterintuitive effect-specifically, whether it was driven by attempts to appear unprejudiced and/or beliefs regarding the legal system bias that Black and White exonerees face. METHOD: In Experiment 1, we unobtrusively measured non-Black participants' behavioral reactions to an anticipated meeting with a Black or White exoneree or businessman. In Experiment 2, participants completed measures that assessed their motivation to appear unprejudiced and then, in a separate session, evaluated a Black or White exoneree and reported their beliefs about the legal system bias faced by the exoneree. Experiment 3 was a partial replication of Experiment 2. In Experiments 2 and 3, we examined data from both non-Black and Black participants. RESULTS: Non-Black participants in Experiment 1 stigmatized the White exoneree, d = -0.31, 95% confidence interval (CI) [-0.72, 0.10], but not the Black exoneree, d = 0.44, 95% CI [0.04, 0.83]. Experiments 2 and 3 replicated this finding, showing that the effect was mediated by the belief that Black exonerees faced greater legal system bias than White exonerees (Experiment 2: B = 0.21, SE = 0.06, 95% CI [0.11, 0.33]; Experiment 3: B = 0.35, SE = 0.09, 95% CI [0.19, 0.55]). Our results also suggested that Black individuals react more favorably to Black than White exonerees, potentially because of their beliefs regarding legal system bias. CONCLUSIONS: People may react more favorably to Black than White exonerees because of the belief that Black exonerees face greater injustices within the legal system. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

The role of social desirability and establishing nonracist credentials on mock juror decisions about Black defendants.

OBJECTIVE: Recently, experimental work on racial bias in legal settings has diverged from real-world field data demonstrating racial disparities, instead often producing null or potential overcorrection effects favoring Black individuals over White individuals. We explored the role of social desirability in these counterintuitive effects and tested whether allowing participants to establish nonracist moral credentials increased their willingness to convict a Black defendant. HYPOTHESES: We predicted that establishing nonracist moral credentials would increase convictions of Black defendants-especially for participants likely to harbor racial bias and external motivation to control it. METHOD: In two experiments, we randomly assigned White mock jurors (Study 1: N = 1,018; Study 2: N = 1,253) to establish nonracist moral credentials by acquitting a Black defendant in an initial case, acquit a White defendant in the same case, or see no prior case. Next, they judged an ambiguous case against a Black (Studies 1 and 2) or White (Study 2) defendant. After choosing verdicts, they provided open-ended guesses of what the study was about. Participants completed measures of explicit prejudice, motivations to control prejudice, and political orientation. RESULTS: Most participants who were asked to judge at least one Black defendant guessed that the study was about racial bias and convicted Black defendants less often than did those who guessed the study was about something else. White participants who established nonracist credentials were significantly more likely to convict Black defendants compared with White participants who did not establish nonracist credentials. Subsequent analyses revealed that conservatives showed this predicted credentialing pattern, whereas liberals did not. Credentialed liberals' convictions of Black defendants remained low; instead, they convicted White defendants more than did noncredentialed liberals. CONCLUSIONS: Social desirability plays a clear role in whether White people acquit Black defendants in experiments, which does not align with persistent racial bias in the legal system. Research participants' concern about looking prejudiced might undermine the validity of experiments investigating racial bias in legal settings by artificially inflating pro-Black judgments. The opportunity to credential oneself as nonracist, however, might make conservatives more comfortable making anti-Black legal judgments-whereas credentialed liberals continue to judge Black individuals more favorably than White individuals in legal settings. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Eyewitnesses' free-report verbal confidence statements are diagnostic of accuracy.

OBJECTIVES: We assessed recent policy recommendations to collect eyewitnesses' confidence statements in witnesses' own words as opposed to numerically. We conducted an experiment to test whether eyewitnesses' free-report verbal confidence statements are as diagnostic of eyewitness accuracy as their numeric confidence statements and whether the diagnostic utility of eyewitnesses' verbal and numeric confidence statements varies across witnessing conditions. HYPOTHESES: We hypothesized that eyewitnesses' verbal and numeric confidence statements are both significantly associated with identification accuracy among choosers and that their diagnostic utility holds across varying witnessing conditions. METHOD: In the first phase of the experiment, eyewitnesses (N = 4,795 MTurkers; 48.8% female; 50.8% male; .3% other; age M = 36.9) viewed a videotaped mock-crime and made an identification decision from a culprit-present or culprit-absent lineup. We manipulated witnessing conditions at encoding and retrieval to obtain varied levels of memory performance. In the second phase of the experiment, evaluators (N = 456 MTurkers; 35.5% female; 62.7% male .4% other; age M = 36.5) translated witnesses' verbal confidence statements to a numeric estimate and we used calibration and confidence-accuracy characteristic analyses to compare the diagnosticity of witnesses' verbal and numeric confidence statements across the two levels of memory performance. RESULTS: Witnesses' verbal and numeric confidence statements were significantly and nondifferentially diagnostic of eyewitness accuracy for both choosers and nonchoosers, and their diagnostic utility held across variations in witnessing conditions. CONCLUSIONS: These findings suggest the applied utility of collecting either verbal or numeric confidence statements from eyewitnesses immediately following an identification decision. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

Mobilization and resistance in response to interrogation threat.

This research tested whether the perception of threat during a police interrogation mobilizes suspects to cope with interrogation demands and bolsters their resistance to self-incrimination pressures. Experimental procedures led university undergraduates (N = 296) to engage in misconduct or not, thereby making them guilty or innocent. An experimenter then accused all participants of misconduct in either a threatening or nonthreatening way. High threat produced a broad pattern of mobilization entailing physiologic, cognitive, and behavioral components. Specifically, in comparison to the low threat accusation, the high threat accusation produced greater cardiovascular reactions, increased attentional bias and memory for accusation-relevant information, and strengthened resistance to self-incrimination. Furthermore, with the exception of physiologic reactions, these effects were similar for both guilty and innocent participants. Consistent with the phenomenology of innocence wherein the innocent perceive less threat from interrogation than do the guilty, the innocent evidenced smaller cardiovascular responses to high threat than did the guilty. Results suggest that the more threat that suspects experience, the more they will be mobilized to cope with interrogation demands and resist interpersonal pressure to self-incriminate, at least initially. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

An expected cost model of eyewitness identification.

This article presents an expected cost model for evaluating and comparing the performance of eyewitness identification procedures. The model estimates the expected cost of an identification procedure in order to quantify how well the procedure helps the police achieve the investigation goal of identifying and incriminating the culprit. We first apply the expected cost model to analyze five major procedural reforms, including showups versus lineups, filler similarity, administrator influence, lineup instruction, and presentation format. Our analysis reveals that when there is a trade-off between accurate and mistaken identifications, conclusions about procedural superiority depend on the prior probability of guilt and relative costs of different identification outcomes. We then conduct an additional analysis based on a simultaneous consideration of all identification outcomes (i.e., suspect identifications, filler identifications, and rejections). Our analysis shows that assuming different costs for filler identifications and rejections can change conclusions about procedural superiority. We conclude by discussing insights provided by the expected cost model regarding how the legal system can reduce expected costs of eyewitness identification-by changing the conditional probabilities, by reducing the costs of identification outcomes, or by increasing the prior probability of guilt. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

Defendant stereotypicality moderates the effect of confession evidence on judgments of guilt.

This research examined whether criminal stereotypes-i.e., beliefs about the typical characteristics of crime perpetrators-influence mock jurors' judgments of guilt in cases involving confession evidence. Mock jurors (N = 450) read a trial transcript that manipulated whether a defendant's ethnicity was stereotypic or counterstereotypic of a crime, and whether the defendant had confessed to the crime or not. When a confession was present, the transcript varied whether the confession had been obtained using high-pressure or low-pressure interrogation tactics. Consistent with the hypothesis, the presence of a confession (relative to no confession) increased perceptions of the defendant's guilt when the defendant was stereotypic of the crime, regardless of the interrogation tactics that had been used to obtain it. When the defendant was counterstereotypic of the crime, however, the presence of a confession did not significantly increase perceptions of guilt, even when the confession was obtained using low-pressure interrogation tactics. These findings demonstrate the potentially powerful effects of criminal stereotypes on legal judgments and suggest that individuals who fit a criminal stereotype may be disadvantaged over the course of the criminal justice process. (PsycINFO Database Record

A biphasic process of resistance among suspects: The mobilization and decline of self-regulatory resources.

We conducted two experiments to test whether police interrogation elicits a biphasic process of resistance from suspects. According to this process, the initial threat of police interrogation mobilizes suspects to resist interrogative influence in a manner akin to a fight or flight response, but suspects' protracted self-regulation of their behavior during subsequent questioning increases their susceptibility to interrogative influence in the long-run. In Experiment 1 (N = 316), participants who were threatened by an accusation of misconduct exhibited responses indicative of mobilization and more strongly resisted social pressure to acquiesce to suggestive questioning than did participants who were not accused. In Experiment 2 (N = 160), self-regulatory decline that was induced during questioning about misconduct undermined participants' ability to resist suggestive questioning. These findings support a theoretical account of the dynamic and temporal nature of suspects' responses to police interrogation over the course of questioning. (PsycINFO Database Record

The perfect match: Do criminal stereotypes bias forensic evidence analysis?

This research provided the first empirical test of the hypothesis that stereotypes bias evaluations of forensic evidence. A pilot study (N = 107) assessed the content and consensus of 20 criminal stereotypes by identifying perpetrator characteristics (e.g., sex, race, age, religion) that are stereotypically associated with specific crimes. In the main experiment (N = 225), participants read a mock police incident report involving either a stereotyped crime (child molestation) or a nonstereotyped crime (identity theft) and judged whether a suspect's fingerprint matched a fingerprint recovered at the crime scene. Accompanying the suspect's fingerprint was personal information about the suspect of the type that is routinely available to fingerprint analysts (e.g., race, sex) and which could activate a stereotype. Participants most often perceived the fingerprints to match when the suspect fit the criminal stereotype, even though the prints did not actually match. Moreover, participants appeared to be unaware of the extent to which a criminal stereotype had biased their evaluations. These findings demonstrate that criminal stereotypes are a potential source of bias in forensic evidence analysis and suggest that suspects who fit criminal stereotypes may be disadvantaged over the course of the criminal justice process. (PsycINFO Database Record

Eyewitness identification: Bayesian information gain, base-rate effect equivalency curves, and reasonable suspicion.

We provide a novel Bayesian treatment of the eyewitness identification problem as it relates to various system variables, such as instruction effects, lineup presentation format, lineup-filler similarity, lineup administrator influence, and show-ups versus lineups. We describe why eyewitness identification is a natural Bayesian problem and how numerous important observations require careful consideration of base rates. Moreover, we argue that the base rate in eyewitness identification should be construed as a system variable (under the control of the justice system). We then use prior-by-posterior curves and information-gain curves to examine data obtained from a large number of published experiments. Next, we show how information-gain curves are moderated by system variables and by witness confidence and we note how information-gain curves reveal that lineups are consistently more proficient at incriminating the guilty than they are at exonerating the innocent. We then introduce a new type of analysis that we developed called base rate effect-equivalency (BREE) curves. BREE curves display how much change in the base rate is required to match the impact of any given system variable. The results indicate that even relatively modest changes to the base rate can have more impact on the reliability of eyewitness identification evidence than do the traditional system variables that have received so much attention in the literature. We note how this Bayesian analysis of eyewitness identification has implications for the question of whether there ought to be a reasonable-suspicion criterion for placing a person into the jeopardy of an identification procedure.

Post-identification feedback to eyewitnesses impairs evaluators' abilities to discriminate between accurate and mistaken testimony.

Giving confirming feedback to mistaken eyewitnesses has robust distorting effects on their retrospective judgments (e.g., how certain they were, their view, etc.). Does feedback harm evaluators' abilities to discriminate between accurate and mistaken identification testimony? Participant-witnesses to a simulated crime made accurate or mistaken identifications from a lineup and then received confirming feedback or no feedback. Each then gave videotaped testimony about their identification, and a new sample of participant-evaluators judged the accuracy and credibility of the testimonies. Among witnesses who were not given feedback, evaluators were significantly more likely to believe the testimony of accurate eyewitnesses than they were to believe the testimony of mistaken eyewitnesses, indicating significant discrimination. Among witnesses who were given confirming feedback, however, evaluators believed accurate and mistaken witnesses at nearly identical rates, indicating no ability to discriminate. Moreover, there was no evidence of overbelief in the absence of feedback whereas there was significant overbelief in the confirming feedback conditions. Results demonstrate that a simple comment following a witness' identification decision ("Good job, you got the suspect") can undermine fact-finders' abilities to discern whether the witness made an accurate or a mistaken identification.

Confirming feedback following a mistaken identification impairs memory for the culprit.

This research examined whether confirming postidentification feedback following a mistaken identification impairs eyewitness memory for the original culprit. We also examined whether the degree of similarity between a mistakenly identified individual and the actual culprit plays a role in memory impairment. Participant-witnesses (N = 145) made mistaken identifications from a "similar" or a "dissimilar" culprit-absent photo lineup. The similar lineup contained individuals who were similar in appearance to the actual culprit and the dissimilar lineup contained individuals who were dissimilar in appearance to the actual culprit. After their identifications, witnesses were given confirming feedback ("Good job! You identified the suspect.") or no feedback. The experimenter then feigned having accidentally given the witnesses the wrong photo lineup. After telling witnesses to disregard whatever they saw in the first lineup, the experimenter gave witnesses the "correct" (culprit-present) lineup and told the witnesses to do their best to identify the culprit. Identifying a dissimilar individual and receiving confirming feedback after a misidentification had independent impairing effects on memory for the original culprit. Results extend the traditional conceptualization of the postidentification feedback effect by showing that confirming feedback not only distorts witnesses' retrospective self-reports, but it also impairs recognition memory for the culprit.

Witnessing-condition information differentially affects evaluations of high- and moderate-confidence eyewitness identifications.

Recent research on the eyewitness confidence-accuracy relationship reveals that confidence can be highly diagnostic of accuracy when the identification evidence is collected using pristine procedures (Wixted & Wells, 2017) and in the absence of suspect bias (Smalarz, 2021). Some researchers have further argued that eyewitnesses who make high-confidence suspect identifications are highly likely to be accurate even if they experienced suboptimal witnessing conditions (Semmler et al., 2018). The current research examined evaluations of eyewitness identification evidence in cases involving suboptimal witnessing conditions. Students (Experiments 1 & 2) and community members (Experiment 3) read eight crime vignettes involving an eyewitness's identification. We manipulated information about poor witnessing conditions (present vs. absent), the eyewitness's confidence level (high vs. moderate), and the format of the confidence statement (verbal vs. numeric) and measured evaluations of eyewitness-identification accuracy. Across all three experiments, information about suboptimal witnessing conditions disproportionately reduced evaluators' belief of highly confident compared to moderately confident eyewitnesses. This differential-discrediting pattern occurred for both numeric and verbal confidence-statement formats. Expert testimony describing the imperviousness of high-confidence suspect-identification accuracy to suboptimal witnessing conditions reduced, but did not eliminate, the differential-discrediting effect. Given that crime eyewitnesses frequently experience suboptimal witnessing conditions (e.g., Behrman & Davey, 2001; Wright & McDaid, 1996), the current findings have widespread implications for the capacity of the legal system to correctly classify suspects as guilty or innocent based on eyewitness identification testimony.

How factors present during the immediate interrogation situation produce short-sighted confession decisions.

Suspects have a preexisting vulnerability to make short-sighted confession decisions, giving disproportionate weight to proximal, rather than distal, consequences. The findings of the current research provided evidence that this preexisting vulnerability is exacerbated by factors that are associated with the immediate interrogation situation. In Experiment 1 (N = 118), a lengthy interview exacerbated participants' tendency to temporally discount a distal consequence when deciding whether or not to admit to criminal and unethical behaviors. This effect was especially pronounced among less serious behaviors. In Experiment 2 (N = 177), participants' tendency to temporally discount a distal consequence when making admission decisions was exacerbated by the expectation of a lengthy interview; an effect that became stronger the longer the interview continued. These findings suggest that conditions of the immediate interrogation situation may capitalize on an already-present vulnerability among suspects to make short-sighted confession decisions, thereby increasing the chances that even innocent suspects might confess.

PERPETUAL FOREIGNER IN ONE'S OWN LAND: POTENTIAL IMPLICATIONS FOR IDENTITY AND PSYCHOLOGICAL ADJUSTMENT.

The perpetual foreigner stereotype posits that members of ethnic minorities will always be seen as the "other" in the White Anglo-Saxon dominant society of the United States (Devos & Banaji, 2005), which may have negative implications for them. The goal of the present research was to determine whether awareness of this perpetual foreigner stereotype predicts identity and psychological adjustment. We conducted a series of studies with 231 Asian Americans and 211 Latino/as (Study 1), 89 African Americans (Study 2), and 56 Asian Americans and 165 Latino/as (Study 3). All participants completed measures of perceived discrimination, awareness of the perpetual foreigner stereotype, conflict between ethnic and national identities, sense of belonging to American culture, and demographics. In Study 3, participants also completed measures of psychological adjustment: depression, hope, and life satisfaction. All participants were students at a large, public university on the West Coast of the United States. Across studies, we found that even after controlling for perceived discrimination, awareness of the perpetual foreigner stereotype was a significant predictor of identity conflict and lower sense of belonging to American culture. From Study 3, we also found that, above and beyond perceived discrimination, awareness of the perpetual foreigner stereotype significantly predicted lower hope and life satisfaction for Asian Americans, and that it was a marginal predictor of greater depression for Latino/as. These results suggest that the perpetual foreigner stereotype may play a role in ethnic minority identity and adjustment.