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Measuring the Subjective Value of Risky and Ambiguous Options using Experimental Economics and Functional MRI Methods
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Risk Perception and Risk Communication: Multi-Actor Perspectives on Pretrial Decision-Making.

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Pretrial risk assessments are not influencing decisions as intended. Judges and legal professionals often disregard risk data, relying on personal judgment instead, highlighting a need for better training.

Keywords:
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Area of Science:

  • Criminal Justice
  • Legal Decision-Making
  • Risk Assessment

Background:

  • Jurisdictions increasingly use pretrial risk assessments for reform.
  • Limited research exists on factors influencing risk assessment-guided decisions.

Purpose of the Study:

  • Examine perceptions of risk assessment utility by criminal-legal role.
  • Assess the impact of static vs. variable risk assessment presentation on release decisions.
  • Identify factors influencing pretrial decision-making.

Main Methods:

  • Surveyed 298 judges, pretrial officers, prosecutors, and defense attorneys nationwide.
  • Used vignettes with randomized risk assessment presentation (single value or range).
  • Analyzed the moderating role of offense violence.

Main Results:

  • Risk assessment presentation format did not significantly affect pretrial release decisions.
  • Decision-makers frequently interpreted risk values subjectively or used personal criteria.
  • Offense violence did not moderate the effect of risk assessment presentation.

Conclusions:

  • Current pretrial risk assessment presentation methods do not consistently guide decision-making.
  • Decision-makers often override or reinterpret risk assessment information.
  • Enhanced training is crucial for effective interpretation and utilization of pretrial risk assessments.