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1.
Int J Offender Ther Comp Criminol ; 67(1): 17-33, 2023 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-35502691

RESUMO

A small minority of juveniles are responsible for the majority of detected juvenile crime in Ireland. This situation presents significant policy concerns. The current paper, based on findings from a comparative analysis builds on a multi-step research design process to provide evidence-based knowledge to inform the design of a new targeted intervention. An initial social network analysis of national crime and intelligence data produced localized basic criminal network maps illustrating co-offending and intelligence relationships between adults and juveniles in specific Police sub-districts (Part 1). These network maps then provided an enquiry frame for interviews with members of the police forces in three case study locations (Part 2). A comparative analysis of the three studies (Part 3) identified diversity in network structure and inherent resilience. The analysis also identifies core similarities in juveniles' vulnerabilities and risks to recruitment. These factors are important considerations for an intervention seeking to disrupt networks and create safe "exit" environments for juveniles.


Assuntos
Criminosos , Delinquência Juvenil , Adulto , Humanos , Crime , Polícia
2.
Int J Offender Ther Comp Criminol ; 67(1): 66-88, 2023 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-35670195

RESUMO

This paper examines whether religion contributes to offenders taking responsibility for crimes. Specifically, we assessed whether participation in The Prisoner's Journey (TPJ), a bible study program, increased or decreased responsibility-taking. We also examined whether religious offenders that did not participate in TPJ were likely to take responsibility for their offenses. For this study, we conducted a quasi-experiment in two Colombian and five South African prisons from 2018 to 2019, collecting data from personal interviews with a total of 73 inmates-42 TPJ participants and 31 non-participants-before and after the program. Offenders frequently offered subtle accounts of responsibility that incorporated their own agency with other factors. Highly religious offenders were equally likely to take responsibility, and in some cases participation in TPJ heightened responsibility. In sum, this paper presents evidence that religious beliefs and practice are commensurate with responsibility-taking and desistance from crime.


Assuntos
Criminosos , Prisioneiros , Humanos , Prisões , Colômbia , África do Sul , Religião
3.
Hist Psychiatry ; 33(4): 412-428, 2022 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-36408551

RESUMO

This study examines criminal cases related to blasphemy under the absolute monarchy of Denmark-Norway, and presents the evaluation of mental states within a forensic context between 1713 and 1733. First, the article explains how the legal framework and normative guidelines for pastoral care envisaged the interplay between judges, priests and doctors in evaluating mental states. Then, an examination of selected cases is provided, showing the dynamics and the role assignment in the evaluation of mental states in practice. Covering a period characterized by a gradual differentiation of theology, law and medicine, this case study enhances understanding of what preceded the development of psychiatry as a medical speciality during the nineteenth century.


Assuntos
Criminosos , Psiquiatria , Humanos , Psiquiatria Legal/história , Noruega , Dinamarca
4.
Sci Rep ; 12(1): 19233, 2022 Nov 10.
Artigo em Inglês | MEDLINE | ID: mdl-36357463

RESUMO

Among all types of corruption, police corruption is probably the one that most directly hurts society, as those trusted with protecting the people either side with the criminals that victimize the citizens, or are themselves, criminals. However, both corruption and its effects are very difficult to measure quantitatively other than by perception surveys, but the perception that citizens have of this phenomenon may be different from reality. Using a simple agent-based model, we analyze the effect on crime rates as a result of both corruption and the perception of corruption within law-enforcement corporations. Our results show a phase transition in which crime can propagate across the population even when the majority of police officers are honest. We find that one of the parameters that strongly controls crime incidence is the probability that regular citizens become criminals. In contrast, other actions, such as arresting crime lords, or the amount of crime-associated money that is confiscated, have little impact on the long-term crime incidence. Our results suggest that in addition to combating corruption within law-enforcement institutions, to further reduce the incidence of crime, policymakers should strive to restore confidence in these institutions and the justice system.


Assuntos
Criminosos , Polícia , Humanos , México/epidemiologia , Crime/prevenção & controle , Aplicação da Lei/métodos
5.
Transl Psychiatry ; 12(1): 470, 2022 11 09.
Artigo em Inglês | MEDLINE | ID: mdl-36347838

RESUMO

Although reducing criminal outcomes in individuals with mental illness have long been a priority for governments worldwide, there is still a lack of objective and highly accurate tools that can predict these events at an individual level. Predictive machine learning models may provide a unique opportunity to identify those at the highest risk of criminal activity and facilitate personalized rehabilitation strategies. Therefore, this systematic review and meta-analysis aims to describe the diagnostic accuracy of studies using machine learning techniques to predict criminal and violent outcomes in psychiatry. We performed meta-analyses using the mada, meta, and dmetatools packages in R to predict criminal and violent outcomes in psychiatric patients (n = 2428) (Registration Number: CRD42019127169) by searching PubMed, Scopus, and Web of Science for articles published in any language up to April 2022. Twenty studies were included in the systematic review. Overall, studies used single-nucleotide polymorphisms, text analysis, psychometric scales, hospital records, and resting-state regional cerebral blood flow to build predictive models. Of the studies described in the systematic review, nine were included in the present meta-analysis. The area under the curve (AUC) for predicting violent and criminal outcomes in psychiatry was 0.816 (95% Confidence Interval (CI): 70.57-88.15), with a partial AUC of 0.773, and average sensitivity of 73.33% (95% CI: 64.09-79.63), and average specificity of 72.90% (95% CI: 63.98-79.66), respectively. Furthermore, the pooled accuracy across models was 71.45% (95% CI: 60.88-83.86), with a tau squared (τ2) of 0.0424 (95% CI: 0.0184-0.1553). Based on available evidence, we suggest that prospective models include evidence-based risk factors identified in prior actuarial models. Moreover, there is a need for a greater emphasis on identifying biological features and incorporating novel variables which have not been explored in prior literature. Furthermore, available models remain preliminary, and prospective validation with independent datasets, and across cultures, will be required prior to clinical implementation. Nonetheless, predictive machine learning models hold promise in providing clinicians and researchers with actionable tools to improve how we prevent, detect, or intervene in relevant crime and violent-related outcomes in psychiatry.


Assuntos
Criminosos , Transtornos Mentais , Psiquiatria , Humanos , Agressão , Transtornos Mentais/diagnóstico , Área Sob a Curva
6.
Front Public Health ; 10: 1028654, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36388290

RESUMO

Pharmacological neuroenhancement (PN) describes the use of divergent psychoactive substances to enhance mental performance (cognition) without medical need. This kind of substance abuse takes place predominantly in stressful situations. Users implicitly-or even explicitly-describe this kind of drug abuse to be a coping strategy. Regarding the decision making process whether to use PN drugs or not, users indicate that legal aspects to be decisive. However, the legal situation has been neglected so far. To elucidate the German legal situation, PN substances have to be divided into over-the-counter drugs, prescription drugs and illegal drugs. Amphetamines have the highest cognition-enhancing potential, followed by modafinil and caffeine-containing substances. It is pointed out that the use of both freely available and prescription PN substances and narcotics without medical indication have so far been largely exempt from punishment under German law. However, individuals (physicians, bus and truck drivers, etc.) taking PN substances may expose others at risk due to wrong decisions (driving or treatment), errors based on side effects of the used substances. Therefore, the protection of life and health of others could legitimize criminal regulation.


Assuntos
Criminosos , Drogas Ilícitas , Transtornos Relacionados ao Uso de Substâncias , Humanos , Drogas Ilícitas/efeitos adversos , Anfetaminas , Adaptação Psicológica
7.
JAMA Netw Open ; 5(11): e2242864, 2022 Nov 01.
Artigo em Inglês | MEDLINE | ID: mdl-36399341

RESUMO

Importance: Childhood poverty is associated with poor health and behavioral outcomes. The Earned Income Tax Credit (EITC), first implemented in 1975, is the largest cash transfer program for working families with low income in the US. Objective: To assess whether cumulative EITC payments received during childhood are associated with the risk of criminal conviction during adolescence. Design, Setting, and Participants: In this cohort study, the analytic sample consisted of US children enrolled in the 1979 National Longitudinal Study of Youth. The children were born between 1979 and 1998 and were interviewed as adolescents (age 15-19 years) between 1994 and 2016. Data analyses were performed from May 2021 to September 2022. Exposure: Cumulative simulated EITC received by the individual's family from birth through age 14 years. Main Outcomes and Measures: The main outcome was dichotomous, self-reported conviction for a crime during adolescence (age 14-18 years). A cumulative, simulated measure of mean EITC benefits received by a child's family from birth through age 14 years was derived from federal, state, and family-size differences in EITC eligibility and payments during the study period to capture EITC benefit variation due to differences in policy parameters but not endogenous factors such as changes in household income. Logistic regression models with fixed effects for state and year and robust SEs clustered by mother estimated relative risk of adolescent conviction. Models were adjusted for state-, mother-, and child-level covariates. Results: The analytical sample consisted of 5492 adolescents born between 1979 and 1998; 2762 (50.3%) were male, 1648 (30.0%) were Black, 1125 (20.5%) were Hispanic, and 2719 (49.5%) were not Black or Hispanic. Each additional $1000 of EITC received during childhood was associated with an 11% lower risk of self-reported criminal conviction during adolescence (adjusted odds ratio, 0.89; 95% CI, 0.84-0.95). Adjusted risk differences were larger among boys (-14.2 self-reported convictions per 1000 population [95% CI, -22.0 to -6.3 per 1000 population]) than among girls (-6.2 per 1000 population [95% CI, -10.7 to -1.6 per 1000 population]). Conclusions and Relevance: The findings suggest that income support from the EITC may be associated with reduced youth involvement with the criminal justice system in the US. Cost-benefit analyses of the EITC should consider these longer-term and indirect outcomes.


Assuntos
Criminosos , Imposto de Renda , Humanos , Adolescente , Feminino , Masculino , Adulto Jovem , Adulto , Estudos Longitudinais , Estudos de Coortes , Mães
8.
Br J Nurs ; 31(21): 1122-1123, 2022 Nov 24.
Artigo em Inglês | MEDLINE | ID: mdl-36416627

RESUMO

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the availability of the special verdict and common law insanity defence in cases where a person with a mental disorder faces a criminal charge.


Assuntos
Criminosos , Transtornos Psicóticos , Humanos
9.
Georgian Med News ; (328-329): 69-74, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36318845

RESUMO

The article deals with the issues of the psychological characteristics of the person who commits a premeditated murder in a state of strong commotion and its role in the method of investigation of the specified type of the criminal offense. The author analyzes the works of domestic and foreign authors who conducted research on the above-mentioned issue. The essence of a premeditated murder in a state of strong commotion under the legislation of Ukraine and features of criminal responsibility for its commission, as well as analysis and classification of the notion of the offender from the positions of various branches of scientific knowledge are revealed. Based on the analysis of investigative and judicial practice in criminal proceedings in a premeditated murder in a state of strong commotion, a survey of employees involved in the investigation of the investigated type of criminal offense was carried out. A criteria for the classification and development of the typical psychological characteristics of the person who committs the intentional homicide in a state of strong emotional excitement was developed. The importance of the psychological - forensic characteristics for the method of investigation of a premeditated murder in a state of strong commotion was emphasized. Depending on the role of the person and the type of behavior of the offender and the victim, the situations of the emerging of a state of intense emotional excitement are analyzed and the character of the relationship between the victim and killer in the mechanism of the crime is proved.


Assuntos
Criminosos , Homicídio , Humanos , Homicídio/psicologia , Medicina Legal , Inquéritos e Questionários , Organização Mundial da Saúde
10.
Georgian Med News ; (328-329): 158-164, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36318862

RESUMO

The purpose of the study is to provide the description of proving intentional homicides involving poisonous substances based on the structural analysis of the medical and criminal procedure criteria of the relevant process. The practical basis for the research is the statistical and analytical materials of the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine, the Prosecutor's General Office, the State Judicial Administration of Ukraine for 2016-2021; summarized data from the study of 20 materials of criminal proceedings (primarily resolutions on the appointment of forensic and other examinations), materials of mass media. As a result of the research, it was established that the medical description of the concept of poison and possible variants of its use are urgently needed, including during the implementation of the versioning procedure in the pre-trial investigation, as well as establishing the identity of the perpetrator or the list of other similar offenses (committed in a similar way). The views of scientists on the understanding of the concept of poison, including lethal agents are characterized; a number of explanations regarding the use of special knowledge in the pre-trial investigation of intentional homicides involving poisonous substances are also provided.


Assuntos
Criminosos , Venenos , Humanos , Homicídio , Medicina Legal , Ucrânia
11.
Front Public Health ; 10: 1030035, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36339236

RESUMO

Objectives: Patient-initiated hospital violence is a global problem which threatens the safety of health professionals and is indicative of doctor-patient tensions, impeding health system quality and access. The current study aimed to improve the understanding of medical workplace violence (WPV) in China, using authoritative and nationally representative judgment records, and to approach violence prevention strategies. Methods: All litigation records relating to violence against health professionals between 2013 and 2021 were extracted from the China Judgment Online System. Basic case information, victim characteristics, perpetrator characteristics and the nature of the violence were collated. The relationship between different treatment outcomes and violence was also explored. Results: Numbers of cases of hospital violence gradually increased from 2013 to a peak in 2016 before gradually decreasing in the following years. The most common perpetrators were patients' relatives (58.2%), followed by patients themselves (38.2%). Only 9 perpetrators had a confirmed history of mental illness and only two were intoxicated with alcohol. More than half of the cases (52.5%) occurred in rural areas and this percentage is even greater for primary health care institutions (71.4%) and secondary hospitals (73.5%). On a departmental level, the highest incidence of medical WPV was found in the emergency (18.9%), pediatrics (13.2%) and obstetrics (11.5%) departments. Violent behaviors, such as stalking, mass occupation of the ward and sharp instrument injury were significantly related to cases not involving patient death (p < 0.05). Disruptive behavior, such as hanging banners, blocking hospital passages, placing flower wreaths and burning paper money were significantly correlated with cases involving patient death (p < 0.01). The interval between a patient's death and the ensuing violence was short, happening on the same day in 54.8% of cases. Conclusions: A comprehensive overview of medical WPV in China is presented and may have utility for the formulation of prevention strategies.


Assuntos
Criminosos , Violência no Trabalho , Humanos , Criança , Violência no Trabalho/prevenção & controle , Julgamento , Pessoal de Saúde , China/epidemiologia
12.
Psychiatr Pol ; 56(3): 591-602, 2022 Jun 30.
Artigo em Inglês, Polonês | MEDLINE | ID: mdl-36342987

RESUMO

In foreign literature, the term ?dyadic death' is used to describe a situation of a murder followed by the perpetrator's suicide. It differs from the term ?extended suicide' used in Poland. While it is recognized that the occurrence of ?dyadic death' can be caused, apart from mental disorders, by unfavorable environmental factors, ?extended suicide' is equated with the occurrence of severe depressive disorders in the perpetrator. The above-mentioned constructs describing a homicide-suicide were analyzed from the psychiatric and criminological point of view. The study shall discuss a case of a young woman who drowned her young son in a public place, and then declared her suicide intentions. An analysis of the course of mental disorders in the perpetrator, her biological burdens, situational and family conditions was carried out, and the personality factors that led to her mental decompensation were taken into account. Pathological motivational background of the perpetrator of her son's murder was clearly modified by her personality dysfunctions exacerbated by life difficulties. It differed from the motivation of a ?typical' perpetrator of ?dyadic death' or ?extended suicide' presented in the literature. Settlements in cases involving murder and subsequent suicide attempts require a thorough forensic-psychiatric and criminological analysis. In some cases, the terms describing such situations do not refer to the clinical condition of the offender but to the nature and image of the crime. Abuse of these terms may contribute to judicial errors.


Assuntos
Criminosos , Homicídio , Feminino , Humanos , Homicídio/psicologia , Psiquiatria Legal , Tentativa de Suicídio , Medicina Legal
13.
PLoS One ; 17(11): e0276237, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36322534

RESUMO

Neuroscientific evidence is increasingly utilized in criminal legal proceedings, prompting discussions about how such evidence might influence legal decisions. The effect of neuroscientific testimony on legal decisions remains uncertain, with some studies finding no effect, others reporting that neuroscience has a mitigating impact, and some indicating neuroscience evidence has an aggravating effect. The present study attempts to explain these divergent findings by showing that the effect of neuroscience evidence on sentencing interacts with beliefs about the goals of the criminal legal system. Using a between-subjects design, participants (N = 784) were asked to assume different rationales for imprisonment, before receiving neuroscientific evidence about antisocial behavior and its potential relation to the defendant. Participants recommended a sentence for the defendant prior to and after reading the neuroscientific evidence. Participants who were given the rationale of retribution as the primary goal of imprisonment significantly decreased their sentencing recommendations. When the goal of imprisonment was to protect the public from dangerous people, participants provided longer post-testimony sentences. Lastly, when the goal was to rehabilitate wrongdoers, participants also increased sentences from pre to post. Thus, the impact of neuroscientific evidence is not monolithic, but can lead to either mitigated or aggravated sentences by interacting with penal philosophy.


Assuntos
Criminosos , Neurociências , Humanos , Aplicação da Lei , Comportamento Perigoso , Direito Penal
15.
Psychiatr Hung ; 37(3): 220-238, 2022.
Artigo em Húngaro | MEDLINE | ID: mdl-36264165

RESUMO

The aim of the study is to analyze the possibility of the insanity as ground for total or partial exemption from criminal responsibility in the light of the current terrorist acts, which is based on a recent case in France. In connection with the case, the domestic and international regulation of the insanity will be reviewed and analyzed, with a brief overview of its execution of a sentence. In this context, it can be stated that both the Hungarian and foreign regulations consider it to be ground for total or partial exemption from criminal responsibility if the ability to set off at the time of the commission of the act is limited or excluded. Where appropriate, the decision on the matter, in addition to leading to a conviction or acquittal of the act, also has an impact on enforcement, as it does not matter whether the place of detention is a medical or penitentiary institution. After that, after the general definition of the concept and types of terrorism, the mental disorders that may occur in connection with the mentioned acts and may affect the ability to set off are described. Finally, based on a review of the literature, it can be concluded that insanity as ground for total or partial exemption from criminal responsibility and the application of the relevant legal consequences to perpetrators of terrorist acts is not excluded, but given the complexity of the behavior and the duration of mental disorders fewer illnesses can occur as in the case of other criminal offenses.


Assuntos
Criminosos , Transtornos Psicóticos , Terrorismo , Humanos
16.
Psicothema ; 34(4): 544-552, 2022 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-36268959

RESUMO

BACKGROUND: Antisocial and criminal behaviors are frequently associated with illegal behaviors committed by adolescents between 12 and 19. This study aims to examine antisocial and criminal behavior in adolescence and establish guidelines that contribute to educational prevention. Specifically, we sought to evaluate self-reports of antisocial and criminal behaviors in adolescents, verifying differences in the variables sex and age. METHOD: A total of 396 adolescents participated in the study. They were aged 12 to 19 years old (M = 15.8, SD = 1.6), were of both sexes (63.9% girls or women and 36.1% boys or men) and were attending primary and secondary schools in Brazil. The Antisocial-Criminal Behaviors Questionnaire (A-D) was administered online. Descriptive and comparative analyses by sex and age were performed. RESULTS: Boys presented more transgressive behaviors than girls, not overall, but in specific behaviors included in the two scales of the questionnaire used. In terms of age, self-reported antisocial and criminal behaviors increased with student age. CONCLUSIONS: From a systemic perspective, educational proposals are made to identify and neutralize risk factors and improve protective factors for adolescents.


Assuntos
Transtorno da Personalidade Antissocial , Criminosos , Humanos , Adolescente , Masculino , Feminino , Criança , Adulto Jovem , Adulto , Brasil , Transtorno da Personalidade Antissocial/prevenção & controle , Estudantes , Inquéritos e Questionários
17.
J Subst Abuse Treat ; 143: 108893, 2022 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-36215912

RESUMO

INTRODUCTION: The objective of this study was to inform clinical practice by identifying distinct subgroups of US veterans with criminal histories in residential mental health treatment. The study characterized veteran patients on their alcohol and drug use and criminogenic thinking. We also examined predictors and outcomes of subgroup membership. METHODS: Participants were 341 veterans with a criminal history in residential mental health care. A parallel latent growth trajectory model characterized participants' alcohol and drug use and criminogenic thinking at treatment entry and at 6- and 12-month follow-ups. RESULTS: The study identified four distinct classes: 53 % Normative Improvement, 27 % High Criminogenic Thinking, 11 % High Recurrence (of substance use), and 9 % High Drug Use. Compared to the Normative Improvement class, prior to treatment entry, patients in the High Recurrence class were less likely to be on parole or probation, and patients in the High Criminogenic Thinking class were more likely to be chronically homeless. Compared to the Normative Improvement class, at follow-ups, patients in the High Drug Use and High Criminogenic Thinking classes were more likely to recidivate, and patients in the High Drug Use class were more likely to report unstable housing. Depression scores were higher (nearly double) in the High Drug Use, High Recurrence, and High Criminogenic Thinking classes at follow-ups compared to the Normative Improvement class. CONCLUSIONS: That the Normative Improvement class entered mental health residential treatment with relatively low alcohol and drug use and criminogenic thinking, and sustained these low levels, suggests that treatment does not need to be broadened or intensified to improve these domains for these patients with criminal histories. In contrast, findings for the High Drug Use, High Recurrence, and High Criminogenic Thinking classes, which composed 47 % of the sample, suggest that more integrated and sustained treatment may be needed to reduce recidivism, depression, and homelessness among these patients.


Assuntos
Criminosos , Reincidência , Transtornos Relacionados ao Uso de Substâncias , Veteranos , Humanos , Veteranos/psicologia , Análise de Classes Latentes , Transtornos Relacionados ao Uso de Substâncias/terapia
18.
J Subst Abuse Treat ; 143: 108864, 2022 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-36242819

RESUMO

INTRODUCTION: Opioid prevention and treatment programs tailored to young adults involved in the criminal legal system are rare. We examined profiles of polysubstance use among younger and older adults involved in the criminal legal system who use opioids, and explored their experiences and motivations related to substance use. Information gleaned can inform the adaptation of existing programs and the development of novel approaches for young adults in the criminal legal system. METHODS: Using a sequential mixed methods design we 1) quantitatively identified typologies of polysubstance users among adults aged 18-24 (n = 92) and those age 25 and over (n = 27) involved in the criminal legal system who use opioids, using latent class analysis and 2) qualitatively explored differences in personal motivations, cultural influences, and psychosocial contexts of substance use by class. RESULTS: Our quantitative results supported a three-class typology: the majority of participants were in Class I (73 %, n = 87) and reported using primarily alcohol and marijuana. Participants in Classes II (15 %, n = 18) and III (12 %, n = 14) endorsed distinct and complicated polysubstance use profiles. Further, participants in Classes I and III were significantly younger than those in Class II. Qualitative analysis allowed us to understand associations between patterns of use, motivations, and contexts among young and older adults, comparing across classes. CONCLUSIONS: Our results highlight the importance of attending to the needs of subpopulations based on age and use patterns to adapt and develop targeted treatment and prevention programs for high-risk adults involved in the criminal legal system.


Assuntos
Cannabis , Criminosos , Transtornos Relacionados ao Uso de Substâncias , Adulto Jovem , Humanos , Idoso , Analgésicos Opioides , Transtornos Relacionados ao Uso de Substâncias/epidemiologia , Transtornos Relacionados ao Uso de Substâncias/psicologia , Análise de Classes Latentes
19.
Law Hum Behav ; 46(5): 337-352, 2022 10.
Artigo em Inglês | MEDLINE | ID: mdl-36227319

RESUMO

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).


Assuntos
Criminosos , Direito Penal , Etilenodiaminas , Culpa , Audição , Humanos , Advogados
20.
Law Hum Behav ; 46(5): 353-371, 2022 10.
Artigo em Inglês | MEDLINE | ID: mdl-36227320

RESUMO

OBJECTIVE: Valid guilty pleas must be made voluntarily, yet most defendants report that they did not feel part of the decision-making process or responsible for the decision. Defendants and judges both play a role in determining whether guilty pleas are voluntary. The actor-observer bias suggests that defendants and judges perceive the decision-making process differently given the nature of their roles. The present studies applied this framework to assess the complexity of voluntary plea decision-making. HYPOTHESES: We expected observers would rate pleas as more voluntary than would actors. We also expected participants to rate pleas made by guilty defendants as more voluntary than those made by innocent defendants and to view pleas made with voice as more voluntary than those made without voice. Finally, we expected the effect of guilt and voice on voluntariness to differ for actors and observers. METHOD: Participants were Amazon's Mechanical Turk workers (Study 1: N = 202, Study 2: N = 626) who had a history of high-quality performance on past tasks, were roughly evenly split between men (Study 1: 52%, Study 2: 53%) and women (Study 1: 48%, Study 2: 47%), and were primarily White/non-Hispanic (Study 1: 84%, Study 2: 75%). They watched video-recorded materials about a criminal case in which a defendant decided how to plead. The materials varied the participant's role (actor, observer), the defendant's guilt (innocent, guilty), and whether the defendant had a voice in the decision-making process (no voice, voice). Participants then rated the voluntariness of the decision-making process. RESULTS: In both studies, actors rated pleas as more voluntary than did observers. Participants rated guilty pleas as more voluntary when the defendant was guilty compared with innocent. Participants also rated pleas as more voluntary when the defendant had a voice in the decision-making process compared with when the defendant did not have a voice, but the difference was bigger for observers than for actors. CONCLUSIONS: Defendants and judges both determine whether a guilty plea is made voluntarily. These decision-makers are likely to perceive the plea decision-making process differently given their differing perspectives. There was also a large effect of voice on whether decisions were perceived to be voluntary. Individuals who play a role in the plea decision-making process should ensure that defendants have a proper opportunity to express their opinions and preferences about the decision. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Assuntos
Criminosos , Culpa , Direito Penal , Tomada de Decisões , Emoções , Feminino , Humanos , Masculino
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