Two studies were conducted to explore psychological factors that contribute to the influence of inadmissible evidence (i.e., the backfire effect) on jurors' verdicts. On the basis of hypotheses derived from terror management theory, we predicted that reminders of mortality, in contrast to an aversive control topic, should lead participants to be less punitive when confronted with inadmissible (as opposed to admissible) evidence, when participants were either situationally induced or dispositionally prone to follow their personal sense of justice. In Study 1, control participants who scored high on a measure of nullification beliefs, and thus were prone to relying on their own sense of justice rather than the law, exhibited the backfire effect. However, reminding participants of their mortality reduced the damaging influence of inadmissible evidence. Study 2 extended these findings by showing parallel effects with a manipulation of nullification proneness via judicial instructions. The implications of these factors on the judicial process are discussed.
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http://dx.doi.org/10.1023/b:lahu.0000039332.21386.f4 | DOI Listing |
ACS Omega
January 2024
The Institute for Forensic Science, Department of Environmental Toxicology, Texas Tech University, 1207 Gilbert Drive, Lubbock, Texas 79416, United States.
Toolmark and Firearm examiners' opinions have fallen under scrutiny as inadmissible ballistics evidence has led to the possibility of wrongful convictions and cold cases that could have been solved with the presence of a physical bullet, casing, and/or weapon at the crime scene. This research provides a solution for subjective-based conclusions and the absence of physical evidence altogether. Analysis of bullet material using Atomic Absorption Spectroscopy (AAS) has distinguished bullet composition between manufacturers from a surface scratch.
View Article and Find Full Text PDFJ Law Biosci
May 2023
Harvard Law School, Cambridge, MA, USA.
The United Nations Convention on the Rights of Persons with Disabilities requires states parties to 'recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.' This mandate has sparked debate about the interpretation of legal capacity, including within the criminal context as applied to the retrogressively named 'insanity defense.' Yet, under-examined are two questions: First, what defenses should defendants with psychosocial disabilities be able to invoke during criminal prosecutions? Second, what kind of evidence is consistent with, on the one hand, determining a defendant's decision-making capacity to establish culpability and, on the other hand, the right to equal recognition before the law? Developments in neuroscience offer a unique prism to grapple with these issues.
View Article and Find Full Text PDFSci Justice
September 2022
Cellmark Forensic Services, Unit B1, Buckshaw Link, Ordnance Road, Buckshaw Village, Chorley, Lancashire PR7 7EL, United Kingdom. Electronic address:
Many believe that an increase in the public confidence in the investigation of sexual crimes, and in conviction rates, will lead to an increase in the reporting of these crimes. Consequently, Forensic Science Providers are continually striving to make improvements in evidence recovery and examination and the subsequent interpretation of evidence. One development is in methods that enable an individual to self-sample.
View Article and Find Full Text PDFJ Pers Assess
May 2022
Faculties of Medicine and Law, University of Toronto, Toronto, Ontario, Canada.
The HCR-20 is a violence risk assessment tool that is widely used in forensic clinical practice for risk management planning. The predictive value of the tool, when used in court for legal decision-making, is not yet intensively been studied and questions about legal admissibility may arise. This article aims to provide legal and mental health practitioners with an overview of the strengths and weaknesses of the HCR-20 when applied in legal settings.
View Article and Find Full Text PDFJudicial scrutiny of the forensic sciences is increasing. This scrutiny targets the bases for expert opinions. Forensic pathologists must understand that when they express an opinion it must have an articulable underlying basis.
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