There exists a substantial literature examining the effect on juror decision-making of extraneous demographic characteristics of plaintiffs and defendants. In most of these studies, members of groups that are perceived as being minorities or as belonging to one of a variety of outgroups (lower socioeconomic status, immigrants) are treated more harshly by jurors, or are perceived as being less deserving or credible. In this study, the authors examine treatment by jurors of a relatively less well investigated outgroup: that of the non-English speaker.
View Article and Find Full Text PDFExaminers are ethically bound to manage personal biases that may infect their expert opinions. Empathy-related issues that lead to bias in forensic assessment of adjudicative competence arise in evaluation interactions with defendants (therapeutic empathy) and from examiners' personal views of issues that these assessments address (empathy-bias). This article first summarizes flexible adjudicative competence legal standards that invite bias by forensic experts.
View Article and Find Full Text PDFJ Am Acad Psychiatry Law
September 2009
Therapeutic risk management of clinical-legal dilemmas achieves an optimal alignment between clinical competence and an understanding of legal concerns applicable to psychiatric practice. Understanding how psychiatry and law interact in frequently occurring clinical situations is essential for effective patient care. Successful management of clinical-legal dilemmas also avoids unnecessary, counterproductive defensive practices.
View Article and Find Full Text PDFIn the U.S. the decision to impose criminal responsibility rests on an assumption about the defendant's decision to engage in proscribed conduct.
View Article and Find Full Text PDFSpanish-translated Miranda warnings are administered annually to thousands of Hispanic custodial suspects. In examining 121 Spanish translations and their English counterparts from 33 states, the lengths of Miranda warnings were generally comparable but marked differences were observed in the reading levels for individual Miranda components. The adequacy of Miranda translations varies markedly from minor variations to substantive errors.
View Article and Find Full Text PDFMiranda warnings are remarkably heterogeneous in their language, length, and content. Past research has focused mostly on individual Miranda warnings. Lacking in generalizability, these studies have limited applicability to both public policy and professional practice.
View Article and Find Full Text PDFMiranda warnings enshrine the constitutional rights of custodial suspects against self-incrimination. However, the wording and sentence complexity of Miranda warnings and waivers vary dramatically from jurisdiction to jurisdiction. This study is the first extensive investigation of Miranda warning variations examining 560 Miranda warnings from across the United States.
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