scholarly journals Let’s find the evidence: An analogue study of confirmation bias in criminal investigations

2017 ◽  
Author(s):  
Anita Eerland ◽  
Eric Rassin

People involved in criminal proceedings (e.g. police officers, district attorneys, judges, and jury members) may run the risk of developing confirmation bias, or tunnel vision. That is, these parties may readily become convinced that the suspect is guilty, and may then no longer be open to alternative scenarios in which the suspect is actually innocent. This may be reflected in a preference for guilt-confirming investigation endeavours, as opposed to investigations that are aimed at confirming, or even excluding, alternative scenarios. In three studies, participants read a case file, and were subsequently instructed to select additional police investigations. Some of these additional endeavours were guilt- confirming (i.e. incriminating), whereas others were disconfirming (i.e. exonerating). Results suggest that additional investigation search was guided by an initial assessment of the suspect’s guilt (Study 1). Furthermore, participants’ tendency to select incriminat- ing investigations increased with increased crime severity, and with the strength of the evidence present in the case file. Finally, the selection of incriminating investigations was associated with conviction rates (Study 3). However, in general, participants did not favour incriminating endeavours. That is, in the three studies, the percentages of selected incriminating endeavours did hardly or not exceed 50%.

Author(s):  
Яна Валерьевна Самиулина

В настоящей статье предпринята попытка исследовать отдельные проблемные аспекты института потерпевшего в российском уголовном процессе. В этих целях подвергнуты анализу правовые нормы, регламентирующие его процессуальный статус. Раскрываются отдельные пробелы уголовно-процессуального законодательства в сфере защиты законных прав и интересов потерпевшего. Автор акцентирует внимание на том, что совершенствование уголовно-процессуального законодательства в части расширения правомочий потерпевшего по отстаиванию своих нарушенных преступлением прав следует продолжить. На основании проведенного исследования действующего законодательства в части регламентации прав потерпевшего от преступления предлагается расширить перечень получаемых им копий постановлений, указанных в п. 13 ч. 2 ст. 42 УПК РФ. Автор предлагает включить в перечень указанной законодательной нормы право получения потерпевшим копии постановления об избрании конкретного вида меры пресечения, избранного в отношении подозреваемого (обвиняемого). Для создания действенного механизма защиты интересов потерпевших от преступления юридических лиц предлагаем ч. 9 ст. 42 УПК РФ изложить в следующей редакции: «в случае признания потерпевшим юридического лица его процессуальное право в уголовном процессе осуществляет представляющий его профессиональный адвокат». This article attempts to investigate certain problematic aspects of the institution of the victim in the Russian criminal process. For this purpose, analyzed the individual norms governing his procedural status. Separate gaps of the criminal procedure legislation in the sphere of protection of the legal rights and interests of the victim are disclosed. The author emphasizes that the improvement of the criminal procedure legislation in terms of the extension of the victim’s authority to defend his rights violated by the crime should be continued. On the basis of the study of the current legislation regarding the regulation of the rights of the victim of a crime, it is proposed to expand the list of decisions received by him, referred to in paragraph 13, part 2 of article 42 Code of Criminal Procedure. The author proposes to include in the list of the indicated legislative norm the right to receive the victim a copy of the decision on the selection of a specific type of preventive measure, selected in relation to the suspect (accused). To create an effective mechanism for protecting the interests of legal entities victims of a crime, we offer part 9 of art. 42 of the Code of Criminal Procedure of the Russian Federation shall be reworded as follows: «if a legal entity is recognized as a victim, his procedural right in criminal proceedings is exercised by the professional lawyer representing him».


2021 ◽  
pp. 002201832110274
Author(s):  
Philip NS Rumney ◽  
Duncan McPhee

The article explores the idea of ‘offender-centric’ policing in cases of rape, with its focus on suspect and offender admissions and behaviours. It features discussion of 11 cases, illustrating offender-centric pathways to charge or conviction, the challenges facing complainants, suspects and police officers, along with missed opportunities to focus on a suspect’s behaviour. The importance of victim care and support is discussed, and it is argued that victim care should accompany an offender-centric approach to rape investigation. It is also argued that there are potential dangers with offender-centric tactics, specifically, that without due care it may become a self-confirming investigative tool influenced by confirmation bias which may lead to flawed decision-making. The article concludes by arguing that offender-centric policing has benefits in those cases with suspects who engage in predatory behaviour, have a history of previously undisclosed sexual offending and domestic violence and other problematic behaviours. It also has value in focusing the attention of investigators on what steps were taken by a suspect to ascertain the complainant’s consent. While the offender-centric approach cannot address all investigative challenges in rape cases, it is a useful addition to existing strategies.


2021 ◽  
pp. 239-285
Author(s):  
I. Duardovich

The writer Yury Dombrovsky did not leave behind any diaries of memoirs. Glimpses of his life are scattered across autobiographical poems and prose. Although an important source for research, letters and reminiscences of friends are often limited to a single episode or a brief period, usually of the writer’s later life in Moscow. What proved indispensable in the process of recovering facts and compiling a good half of the biography — spanning a lengthy period from the 1920s to the 1950s — were materials of the criminal proceedings. They also help decipher the writer’s major two-part novel, a fact he acknowledged himself. However, the archive materials were only recently declassified. The article aims to reconstruct a period of Yury Dombrovsky’s life and introduces the hitherto unpublished materials of his third criminal case of 1939. The author compares testimonies found in Dombrovsky’s writings and memoirs of his friends and acquaintances with documents preserved in archives, including tip-offs to the authorities.


Nutrients ◽  
2021 ◽  
Vol 13 (10) ◽  
pp. 3485
Author(s):  
Karin J. Borgonjen-van den Berg ◽  
Jeanne H. M. de Vries ◽  
Prosper Chopera ◽  
Edith J. M. Feskens ◽  
Inge D. Brouwer

Food-based recommendations (FBR) developed using linear programming generally use dietary intake and energy and nutrient requirement data. It is still unknown to what extent the availability and selection of these data affect the developed FBR and identified problem nutrients. We used 24 h dietary recalls of 62 Kenyan children (4–6 years of age) to analyse the sensitivity of the FBR and problem nutrients to (1) dietary intake data, (2) selection criteria applied to these data and (3) energy and nutrient requirement data, using linear programming (Optifood©), by comparing a reference scenario with eight alternative scenarios. Replacing reported by estimated consumption frequencies increased the recommended frequencies in the FBR for most food groups while folate was no longer identified as a problem nutrient. Using the 10–90th instead of the 5–95th percentile of distribution to define minimum and maximum frequencies/week decreased the recommended frequencies in the FBR and doubled the number of problem nutrients. Other alternative scenarios negligibly affected the FBR and identified problem nutrients. Our study shows the importance of consumption frequencies for developing FBR and identifying problem nutrients by linear programming. We recommend that reported consumption frequencies and the 5–95th percentiles of distribution of reported frequencies be used to define the minimum and maximum frequencies.


2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Оksana Rusova ◽  
◽  
Olga Samoilova ◽  

This article focuses on the problematic issues that arise in the process of appointing a forensic handwriting examination, where the object of study are manuscripts performed in a state of intoxication. The reliability of the conclusions will largely depend on the correct quality and sufficient quantity of comparative material. This will be possible if the initiator of the study, after careful consideration of their work, qualitatively selects comparative material for the study. The purpose of this article is to further improve the purpose of forensic handwriting examination, the object of which is the study of manuscripts made in a state of intoxication, as well as to provide practical recommendations that will allow the initiators of the study to correctly select comparative material. Of particular importance in the conduct of forensic handwriting diagnostic examinations are information from the case file relating to the subject of examination, ie in the resolution, decision or statement must be indicated: first, it is information about the person - the actual or intended executor of the manuscript; second, essential information relating to the situation, the situation in which the manuscript in question was presumably performed, and in connection with it, the possible psychological attitude or emotional state of the person writing. When the initiator of the study informs the expert of the necessary information, he should not be afraid to "impose" a certain version, because the method of expert research is based on checking all the most likely alternatives (versions and counter version) and making decisions based only on objective data. Regarding the selection of comparative material provided for research in establishing whether a person was intoxicated, there are some peculiarities in the selection of experimental samples, because we cannot bring a person in such a state to take the necessary samples because the law prohibits harm to health, humiliation and infliction of moral suffering. They can be obtained without violating the law, by changing the condition, namely, you need to dictate the text at an extremely fast pace. The expert may also make a request, although the initiator of the study provided comparative material such as free, conditionally free and experimental samples, because there may be concomitant factors that the initiator did not take into account when selecting, such as experimental samples. The expert's request should be treated responsibly because the quality of the expert's opinion may depend on how well it is executed.


Author(s):  
V. Barko

The article is devoted to the problems of searching for psychological and legal opportunities to optimize the professional selection of personnel of the National Police of Ukraine. The foreign and domestic experience of psychological selection of police officers is analyzed, the typical psychodiagnostic tools, which are used in this regard are considered. It is concluded that the existing state regulatory framework for the selection of police officers requires improvement – developing a set of psychodiagnostic methods, determining the psychological requirements of a profession for a policeman’s personality, establishing indicators of psychological suitability to police activities. The expediency of introducing a three-component system of psychological selection of police officers are substantiated, an optimal set of psychodiagnostic methods for determining professional suitability is offered.


1977 ◽  
Vol 45 (3) ◽  
pp. 683-693 ◽  
Author(s):  
Melany E. Baehr ◽  
Ernest C. Froemel

In the course of validating a test battery for the selection of police officers (Baehr, Furcon, & Froemel, 1969), project personnel were searching for objectively scored, pencil-and-paper measures of behavior variables. One product of this search was an adaptation of the Arrow-Dot subtest of the four-part IES test battery (Dombrose & Slobin, 1958). This adaptation was designed for group administration and for improved reliability as a possible predictor of performance. Intercorrelational analysis and factor analysis of intercorrelations with other potential predictor variables and performance criteria provided some information on the nature of the Arrow-Dot scores. The test's ability to predict police officers' performance was assessed through multiple regression analyses of its scores both as independent predictors and as contributors of unique variance in a wider predictor battery. Its usefulness for diagnosis of specific problems in police officers' performance was also investigated. Application in five additional studies permitted an exploration of the “characteristic” Arrow-Dot dimension profile for police officers.


2019 ◽  
Vol 4 (1) ◽  
pp. 24-30
Author(s):  
Ирина Реуцкая ◽  
Irina Reuckaya

The article presents a General description of the conflict-free situation of interrogation of participants in criminal proceedings, including the motives of giving bona fide testimony by victims, witnesses, suspects, accused. The importance of considering non-conflict situation of the interrogation due to its specificity related to the need for a differentiated approach to the faithful testimony of the interviewee, as not all of them are reliable. Consideration by investigators and investigators of the motives for giving bona fide testimony by participants in criminal proceedings will help in the selection of tactical and psychological methods and techniques of interrogation.


2012 ◽  
Vol 27 (2) ◽  
pp. 263-279 ◽  
Author(s):  
Karen Rich ◽  
Patrick Seffrin

Sexual assault is underreported in the United States. Survivors are often reluctant to make police reports for various reasons; one is fear of revictimization by criminal justice professionals. Conversely, police officers often lack skills for interviewing crime victims. Posttraumatic stress reactions among victims can exacerbate the problem. Although some victims prefer female interviewers, it is not known whether they are more skilled. A sample of 429 police officers completed a written survey testing their rape myth acceptance and knowledge of how to interview rape reporters. A significant relationship between rape myth acceptance and interviewing skill was discovered. Although officer gender was related to interviewing skill, the effect was mediated by rape myth acceptance. Specific officer behaviors related to high rape myth acceptance were identified. Implications for selection of police to conduct victim interviews were discussed.


2008 ◽  
Vol 35 (10) ◽  
pp. 1215-1230 ◽  
Author(s):  
Scott O. Lilienfeld ◽  
Kristin Landfield

Pseudoscience and questionable science are largely neglected problems in police and other law enforcement work. In this primer, the authors delineate the key differences between science and pseudoscience, presenting 10 probabilistic indicators or warning signs, such as lack of falsifiability, absence of safeguards against confirmation bias, and lack of self-correction, that can help consumers of the police literature to distinguish scientific from pseudoscientific claims. Each of these warning signs is illustrated with an example from law enforcement. By attending to the differences between scientific and pseudoscientific assertions, police officers and other law enforcement officials can minimize their risk of errors and make better real-world decisions.


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