嫌疑人的种族影响辩护律师对事先识别证据的评估
Jacqueline Katzman1, Margaret Bull Kovera1
1Department of Psychology, Graduate Center, City University of New York.
Law and human behavior
|August 29, 2024
概括
当被告是黑人时,辩护律师对被告之前的有罪证据不那么敏感,这可能会影响对目击者鉴定的种族中立评估. 这突出了理解先前的内如何影响错误识别可能性的差距.
科学领域:
- 法律心理学 法律心理学
- 法律中的认知偏见
- 目击者鉴定 调查研究
背景情况:
- 律师必须评估识别证据的强度,受嫌疑人的先前有罪概率的影响.
- 种族差异存在于由于目击者错误识别导致的豁免.
研究的目的:
- 调查辩护律师对先前有罪证据的敏感性是否因被告的种族而有所不同.
- 检查受害者种族是否影响律师的案件强度评分.
主要方法:
- 316名辩护律师审查了案件档案,证据的强度,被告的种族和受害者的种族各不相同.
- 案件档案以纽约警察局的风格为榜样.
主要成果:
- 律师的判断是敏感的,以有罪的基本率.
- 参与者认为,与白人被告相比,黑人被告的预识别证据更强大.
- 律师们并没有完全理解先前有罪的概率如何影响目击者的可靠性.
结论:
- 律师们直观地考虑了识别前证据的强度,但缺乏意识地意识到它与错误识别可能性的联系.
- 这种不意识可能会影响对身份证据的种族中立评估.
- 需要进一步研究法律决策中的隐性偏见.
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