陪审员可以忽视不可接受的证据吗? 使用多相优化策略来测试来自认知和社会心理学理论的干预措施
Pamela N Sandberg1, Tess M S Neal2, Karey L O'Hara1
1New College of Interdisciplinary Arts and Sciences, Arizona State University, Glendale, AZ 85306, USA.
Behavioral sciences (Basel, Switzerland)
|January 24, 2025
概括
面对不可接受证据的陪审员更有可能定罪. 结合四种技术的新型干预策略,与单独的标准司法指示相比,显著降低了定罪率.
科学领域:
- 法律心理学 法律心理学
- 认知心理学 认知心理学
- 陪审团的决策 - 陪审团的决策
背景情况:
- 无法接受的证据往往会使陪审员偏向有罪判决,从而损害公平审判.
- 司法指令忽视这种证据是标准的,但往往是无效的.
- 现有研究表明,陪审员在接受指示时也很难忽略不可接受的信息.
研究的目的:
- 测试四种基于理论的策略,以帮助陪审员无视不可接受的证据.
- 确定一个最佳的干预包,以帮助陪审员理解.
- 与标准司法指令相比,评估本包的有效性.
主要方法:
- 研究1:一项2^4全因子随机对照试验评估了四种候选干预策略.
- 研究2:一个平行四臂随机对照试验在四种条件下比较了定罪率.
- 条件包括:没有不可接受的证据,无异议不可接受的证据,标准的司法指示和指示以及优化干预.
主要成果:
- 四个候选战略之间的协同作用确定了一个优化的干预方案.
- 接受优化干预方案的假陪审员的定罪率显著降低.
- 优化的干预方案证明比单独的司法指示更有效.
结论:
- 新型干预策略在帮助陪审员无视不可接受的证据方面表现有前途.
- 优化干预方案为被告权利提供了潜在的更有效的保障.
- 进一步研究和实施这些策略是有必要的,以改善陪审团的决策.
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