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1.
Law Hum Behav ; 46(5): 337-352, 2022 10.
Artículo en Inglés | MEDLINE | ID: mdl-36227319

RESUMEN

OBJECTIVE: In guilty plea hearings, judges must determine whether defendants' plea decisions were made knowingly, intelligently, and voluntarily. Little is known, however, about how plea hearings unfold, especially in juvenile court, where hearings are generally closed to the public. In this study, we had the unique opportunity to systematically observe plea hearings in juvenile and criminal court. HYPOTHESES: We predicted that plea hearings would be brief and that defendant participation, especially among juveniles, would be minimal. We also explored how often judges addressed the plea validity components of knowingness, intelligence, and voluntariness and whether addressing these components differed by the type of court (juvenile, criminal), pretrial custody status, and pled-to charge severity. METHOD: Trained coders in California (n = 104, juvenile court) and Virginia (n = 140, juvenile court; n = 593, criminal court) systematically observed more than 800 guilty plea hearings. Coders reliably documented hearing length, whether the defendant was in pretrial custody, whether the evidence was reviewed, details on defendant participation, and judicial attention to plea validity. RESULTS: On average, juvenile plea hearings lasted about 7 min and criminal plea hearings lasted 13 min. Prosecutors rarely reviewed evidence against the defendants in the juvenile courts, and in one juvenile court, judges paid virtually no attention to plea validity. In the other two courts, certain waived rights (e.g., to trial, to silence) were reviewed consistently. Depending on the court, hearing length and plea validity elements addressed varied by defendants' prehearing custody status and the pled-to charge severity. CONCLUSIONS: These findings provide novel insight into how components necessary for plea admissibility-knowingness, voluntariness, and intelligence-are discussed with defendants and, in doing so, raise concerns about the degree to which plea validity is actively assessed in plea hearings. Plea hearings are formal, minutes-long events in which defendant engagement is low. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Asunto(s)
Criminales , Derecho Penal , Etilenodiaminas , Culpa , Audición , Humanos , Abogados
2.
Memory ; 30(6): 678-685, 2022 07.
Artículo en Inglés | MEDLINE | ID: mdl-33356911

RESUMEN

Eye-Movement Desensitisation and Reprocessing (EMDR) therapy is a common treatment for PTSD. However, skeptics like James Ost question the theoretical underpinnings, highlight inconsistency of empirical findings surrounding the efficacy of such therapy, and warn against unknown drawbacks. Little is known about the impact of the eye movements, a critical component in EMDR, on susceptibility to false memories, and the existing literature is contradictory. We review the literature and present new findings to help tell the story of the effects of eye movements on memory. Taken as a whole, this small body of work suggests that eye movements do not reliably affect susceptibility to misinformation, nor do they appear to enhance memory, but they do seem to increase spontaneous false memories.


Asunto(s)
Desensibilización y Reprocesamiento del Movimiento Ocular , Trastornos por Estrés Postraumático , Movimientos Oculares , Humanos , Memoria , Trastornos por Estrés Postraumático/terapia
3.
Behav Sci Law ; 38(6): 612-629, 2020 Dec.
Artículo en Inglés | MEDLINE | ID: mdl-33236788

RESUMEN

One common and unfortunately overlooked obstacle to the detection of sexual abuse is non-disclosure by children. Non-disclosure in forensic interviews may be expressed via concealment in response to recall questions or via active denials in response to recognition (e.g., yes/no) questions. In two studies, we evaluated whether adults' ability to discern true and false denials of wrongdoing by children varied as a function of the types of interview question the children were asked. Results suggest that adults are not good at detecting deceptive denials of wrongdoing by children, even when the adults view children narrate their experiences in response to recall questions rather than provide one word answers to recognition questions. In Study 1, adults exhibited a consistent "truth bias," leading them toward believing children, regardless of whether the children's denials were true or false. In Study 2, adults were given base-rate information about the occurrence of true and false denials (50% of each). The information eliminated the adults' truth bias but did not improve their overall detection accuracy, which still hovered near chance. Adults did, however, perceive children's denials as slightly more credible when they emerged in response to recall rather than recognition questions, especially when children were honestly denying wrongdoing. Results suggest the need for caution when evaluating adults' judgments of children's veracity when the children fail to disclose abuse.


Asunto(s)
Maltrato a los Niños , Conocimiento , Recuerdo Mental , Adulto , Niño , Revelación , Humanos , Juicio , Reconocimiento en Psicología
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