律师在儿童性虐待案件中的经验,看法和辩护建议
Melanie B Fessinger1, Bradley D McAuliff2, Eliana Aronson1
1Department of Psychology, John Jay College of Criminal Justice, City University of New York.
Law and human behavior
|April 4, 2024
概括
律师们的律师们
科学领域:
- 法律心理学 法律心理学
- 刑事司法 刑事司法 刑事司法
- 儿童福利 儿童福利
背景情况:
- 儿童性虐待案件的请求建议是复杂的,受到许多因素的影响.
- 了解律师的决策对于改善这些敏感案件的结果至关重要.
研究的目的:
- 检查律师如何看待儿童性虐待案件的证据强度和定罪可能性.
- 调查案件特征对律师辩护建议的影响.
主要方法:
- 调查了217名检察官和251名在虐待儿童案件方面有经验的辩护律师.
- 律师们审查了假设的案例场景,其中包括不同儿童的年龄,与犯罪者的关系,披露时间和报告的一致性.
- 收集关于证据强度,定罪可能性和辩护建议决定的数据.
主要成果:
- 儿童报告的一致性显著影响了律师对证据强度的看法.
- 律师对证据强度的评估直接推动了辩护建议的决定.
- 检察官不太愿意,辩护律师更愿意,在证据被认为更强有力的情况下推请求.
结论:
- 证据的强度和被认定有罪的可能性是儿童性虐待案件的认罪建议的关键驱动因素.
- 儿童报告的一致性是塑造证据强度的看法的一个关键因素.
- 需要进一步的研究来确定这些案件中律师认知和辩护建议的额外预测因素.
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