风险感知和风险沟通:多个参与者对审前决策的观点
Ashley E Rodriguez1, Evan M Lowder2, Peyton Frye2
1Department of Sociology and Criminology, Pennsylvania State University, University Park, Pennsylvania, USA.
Behavioral sciences & the law
|March 10, 2025
概括
审前风险评估并没有像预期的那样影响决策. 法官和法律专业人员经常忽视风险数据,而是依赖个人判断,强调需要更好的培训.
科学领域:
- 刑事司法 刑事司法 刑事司法
- 法律决策 - 法律决策
- 风险评估 风险评估
背景情况:
- 司法管辖区越来越多地使用审前风险评估进行改革.
- 关于影响风险评估指导决策的因素的研究有限.
研究的目的:
- 通过刑事法律角色检查风险评估有用性的感知.
- 评估静态风险评估陈述与变量风险评估陈述对发布决策的影响.
- 确定影响审前决策的因素.
主要方法:
- 调查了全国298名法官,预审官员,检察官和辩护律师.
- 使用了随机风险评估呈现 (单一值或范围) 的图片.
- 分析了攻击性暴力的缓解作用.
主要成果:
- 风险评估陈述格式没有显著影响审前释放决定.
- 决策者经常主观地解释风险值或使用个人标准.
- 违法暴力行为并没有缓解风险评估陈述的影响.
结论:
- 目前的审判前风险评估呈现方法并不总是指导决策.
- 决策者经常会重写或重新解释风险评估信息.
- 加强培训对于有效解释和利用审判前风险评估至关重要.
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