scholarly journals Take the plea: the factors that influence innocent individuals to accept plea bargains

2021 ◽  
Author(s):  
Lesley Zannella

Recently, plea bargaining has emerged as a factor that contributes to wrongful convictions. When a Crown offers a reduced sentence or lesser charge to a defendant in exchange for a guilty plea, there is the potential for innocent defendants to plead guilty. However, little is known about the factors that are influencing innocent defendants to accept plea bargains. The current study aimed to investigate the role of false evidence, risk, and modality on an innocent participant’s likelihood of accepting or rejecting a plea bargain. In a laboratory, innocent participants (N = 174) were accused of collaborating with another participant (confederate) on a problem solving task, and offered a plea bargain. Results showed that when participants were told there was an 80% chance of sanctions if they rejected the plea, they were more likely to admit guilt, and accept the plea. Additionally, participants who were high in compliance, high in fantasy proneness, or were younger, were more likely to accept the plea bargain. Implications of these findings for innocent defendants are discussed.

2021 ◽  
Author(s):  
Lesley Zannella

Recently, plea bargaining has emerged as a factor that contributes to wrongful convictions. When a Crown offers a reduced sentence or lesser charge to a defendant in exchange for a guilty plea, there is the potential for innocent defendants to plead guilty. However, little is known about the factors that are influencing innocent defendants to accept plea bargains. The current study aimed to investigate the role of false evidence, risk, and modality on an innocent participant’s likelihood of accepting or rejecting a plea bargain. In a laboratory, innocent participants (N = 174) were accused of collaborating with another participant (confederate) on a problem solving task, and offered a plea bargain. Results showed that when participants were told there was an 80% chance of sanctions if they rejected the plea, they were more likely to admit guilt, and accept the plea. Additionally, participants who were high in compliance, high in fantasy proneness, or were younger, were more likely to accept the plea bargain. Implications of these findings for innocent defendants are discussed.


Author(s):  
Zaiton Hamin ◽  
Ahmad Ridhwan Abd Rani

Objective - This paper aims to examine the role of judges and the reality of the plea-bargaining process from the perspective of the judiciary, focusing primarily on their perceptions on the new law and their role and the problems facing them in implementing the law. Methodology/Technique - This paper adopts a qualitative methodology, in which the primary data is obtained from semi-structured interviews with 20 respondents comprising of the stakeholders in the criminal justice system. The secondary data is obtained from analysing the CPC and other library-based sources. Findings - The research reveals that judges are facing some problems derived from the law itself which makes the new plea-bargaining process unappealing to them. Consequently, judges have invented their solutions either by reverting to the old practice or imposing on the parties their terms in disposing of the case through judge-prompted plea-bargain. Novelty - This paper is significant in providing some evidence of the procedural difficulties faced by judges in hearing plea-bargaining application at the pre-trial stage. Type of Paper - Review Keywords: Criminal Procedure; Judiciary; Pre-trial Stage; Plea-Bargaining Process; Plea of Guilty. JEL Classification: K40, K49


2021 ◽  
Author(s):  
◽  
Thi Bao Trang Nguyen

<p>Task-based language teaching (TBLT) has attracted considerable attention in research on language teaching and learning. Numerous publications have made a case for TBLT and the role of tasks in learning. TBLT has been introduced in language curricula around the world, including English as a foreign language (EFL) curricula in many countries in Asia. Yet research into tasks in action from both teaching and learning perspectives is rare with scant examination of decisions on task design and implementation that teachers make in the classroom and how their pedagogical decisions are linked to student learning and engagement. The present research addresses these gaps.  The research was conducted in two phases in a Vietnamese high school where a series of task-based EFL textbooks have been adopted to promote curriculum innovation. Phase 1 was a descriptive study which investigated how the Vietnamese EFL teachers implemented oral textbook tasks through adapting task design and creating classroom activity and how learners engaged in the tasks. The data were collected over two and a half months through classroom observations, stimulated recalls and in-depth interviews with teachers and students. The results revealed that the teachers displayed a strong tendency to adapt or replace the textbook tasks, with specific preferences for open over closed tasks, input-independent over input-dependent tasks and divergent over convergent tasks. They also opted for tasks that are not just 'real world', but 'real' to students. Teacher task choices were found to be guided by their own task experimentation, by clearly articulated beliefs about teaching and learning and by a strong orientation to learner engagement.  Decision making by all the teachers reflected a general commitment to a final public performance of the task by groups of students. This public performance was preceded by rehearsal for the performance, involving students doing the task in pairs or groups to prepare for the performance of the task in front of the class. The terms rehearsal and performance were used because they captured the teachers' and students' orientation and intent as observed in the lessons and explained in the interviews. Rehearsal and performance constituted two of four identifiable stages of task implementation used by the teachers: pre-task, rehearsal, performance and post-task. Both the teachers and students valued the notion of performance as a driving force for the use of English and as a social classroom event to engage students in task work. The centrality of public performance in these EFL classrooms, and a lack of empirical evidence about its impact in task-based learning motivated Phase 2 of the thesis.  Phase 2 specifically addressed the impact of task design and learner proficiency on the occurrence and resolution of language-related episodes (LREs) (Swain, 1998) in task rehearsal and on the subsequent take-up in the public performance of the language items which were focussed on in LREs. Three proficiency groups (n=8 dyads in each) from six intact classes carried out two tasks: one problem-solving task (a convergent task) and one debate task (a divergent task), with a 15-minute rehearsal for their performance. The first group was composed of dyad members of the same higher proficiency (HH); the second group consisted of mixed proficiency dyads (HL) and the third group was lower proficiency dyads (LL). The total data included 48 rehearsals and 48 corresponding performances collected in normal classroom hours. Students were also interviewed after they had finished all the tasks.  The results showed that task design and proficiency affected not only the occurrence and resolution of LREs in task rehearsal but also uptake in the public performance. Specifically, while the problem-solving task induced more LREs, the debate task was more conducive to uptake because the latter task, from the students' perspective, lent itself to performance in ways that the former did not. Overall lower proficiency dyads produced more LREs in rehearsal than higher proficiency dyads. However, it was how LREs were resolved rather than the frequency of LREs that correlated positively with successful uptake in performance. Proficiency also influenced the problem-solving strategies that the learners adopted to prepare for the public performance.  Taken as a whole, this thesis suggests that teacher thinking plays an essential role in transforming tasks in classrooms, and that building in performance to tasks and rehearsal for that performance may contribute to language learning and development. The research has useful implications for task design and implementation, as well as for theory and research methodology.</p>


1991 ◽  
Vol 50 (4) ◽  
pp. 739-744 ◽  
Author(s):  
Kathleen A. Fraser ◽  
Bruno Poucet ◽  
Gary Partlow ◽  
Thom Herrmann

2021 ◽  
Author(s):  
Samuli Reijula ◽  
Jaakko Kuorikoski

According to the diversity-beats-ability theorem, groups of diverse problem solvers can outperform groups of high-ability problem solvers. We argue that the model introduced by Lu Hong and Scott Page (2004; see also Grim et al. 2019) is inadequate for exploring the trade-off between diversity and ability. This is because the model employs an impoverished implementation of the problem-solving task. We present a new version of the model which captures the role of ‘ability’ in a meaningful way, and use it to explore the trade-offs between diversity and ability in scientific problem solving.


2021 ◽  
Author(s):  
◽  
Thi Bao Trang Nguyen

<p>Task-based language teaching (TBLT) has attracted considerable attention in research on language teaching and learning. Numerous publications have made a case for TBLT and the role of tasks in learning. TBLT has been introduced in language curricula around the world, including English as a foreign language (EFL) curricula in many countries in Asia. Yet research into tasks in action from both teaching and learning perspectives is rare with scant examination of decisions on task design and implementation that teachers make in the classroom and how their pedagogical decisions are linked to student learning and engagement. The present research addresses these gaps.  The research was conducted in two phases in a Vietnamese high school where a series of task-based EFL textbooks have been adopted to promote curriculum innovation. Phase 1 was a descriptive study which investigated how the Vietnamese EFL teachers implemented oral textbook tasks through adapting task design and creating classroom activity and how learners engaged in the tasks. The data were collected over two and a half months through classroom observations, stimulated recalls and in-depth interviews with teachers and students. The results revealed that the teachers displayed a strong tendency to adapt or replace the textbook tasks, with specific preferences for open over closed tasks, input-independent over input-dependent tasks and divergent over convergent tasks. They also opted for tasks that are not just 'real world', but 'real' to students. Teacher task choices were found to be guided by their own task experimentation, by clearly articulated beliefs about teaching and learning and by a strong orientation to learner engagement.  Decision making by all the teachers reflected a general commitment to a final public performance of the task by groups of students. This public performance was preceded by rehearsal for the performance, involving students doing the task in pairs or groups to prepare for the performance of the task in front of the class. The terms rehearsal and performance were used because they captured the teachers' and students' orientation and intent as observed in the lessons and explained in the interviews. Rehearsal and performance constituted two of four identifiable stages of task implementation used by the teachers: pre-task, rehearsal, performance and post-task. Both the teachers and students valued the notion of performance as a driving force for the use of English and as a social classroom event to engage students in task work. The centrality of public performance in these EFL classrooms, and a lack of empirical evidence about its impact in task-based learning motivated Phase 2 of the thesis.  Phase 2 specifically addressed the impact of task design and learner proficiency on the occurrence and resolution of language-related episodes (LREs) (Swain, 1998) in task rehearsal and on the subsequent take-up in the public performance of the language items which were focussed on in LREs. Three proficiency groups (n=8 dyads in each) from six intact classes carried out two tasks: one problem-solving task (a convergent task) and one debate task (a divergent task), with a 15-minute rehearsal for their performance. The first group was composed of dyad members of the same higher proficiency (HH); the second group consisted of mixed proficiency dyads (HL) and the third group was lower proficiency dyads (LL). The total data included 48 rehearsals and 48 corresponding performances collected in normal classroom hours. Students were also interviewed after they had finished all the tasks.  The results showed that task design and proficiency affected not only the occurrence and resolution of LREs in task rehearsal but also uptake in the public performance. Specifically, while the problem-solving task induced more LREs, the debate task was more conducive to uptake because the latter task, from the students' perspective, lent itself to performance in ways that the former did not. Overall lower proficiency dyads produced more LREs in rehearsal than higher proficiency dyads. However, it was how LREs were resolved rather than the frequency of LREs that correlated positively with successful uptake in performance. Proficiency also influenced the problem-solving strategies that the learners adopted to prepare for the public performance.  Taken as a whole, this thesis suggests that teacher thinking plays an essential role in transforming tasks in classrooms, and that building in performance to tasks and rehearsal for that performance may contribute to language learning and development. The research has useful implications for task design and implementation, as well as for theory and research methodology.</p>


2017 ◽  
Vol 6 (1) ◽  
pp. 126-132
Author(s):  
Amanda Volkamer ◽  
Kathy Sexton-Radek,PhD

This literature review explores the extent of research on problem solving and insight, as well as the roles of conscious and unconscious processes.  This paper looks at the research on the structure of how insight develops and in general the problem solving process.  Next, the type of problems are examined as to which type of problem solving task work best using either conscious or unconscious processes.  Then, this paper covers research on probabilistic reasoning as this may be an unconscious process and the role of memory and sleep may have in problem solving and insight.  To conclude, there are areas that still need further research but there is strong evidence of an integral role of unconsciousness processes in problem solving.


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