Andre Kehn

Generation and Detection of True and False Alibi Statements

This article reports two experiments focusing on two stages of the alibi process. In Experiment 1, participants generated a true or false alibi for one of two dates (short or long delay). Results showed that participants were most likely to report that they could get alibi corroboration from a motivated alibi witnesses regardless of whether they were being truthful or deceptive. Changes in details to the generated alibi were frequent for both true and false statements. In Experiment 2, individuals were asked to discriminate between true and false statements. The results indicated that participants were no better than chance at detecting lies. As has been seen with in other domains (e.g. eyewitness identification), confidence had no predictive power in distinguishing lies from true statements.

Perceptions of, and Assistance Provided to, a Hypothetical Rape Victim: Differences Between Rape Disclosure Recipients and Nonrecipients

Abstract Objective: Undergraduate rape disclosure recipients’ and nonrecipients’ sociodemographic and life experience variables, attitudes towards rape, and responses to a hypothetical rape disclosure were compared to determine differences between them. Participants: One hundred ninety-two undergraduates at 3 universities participated in this online survey between November 2011 and April 2012. Methods: Participants reported on their rape myth acceptance (RMA) and personal direct and indirect (ie, disclosure receipt) experiences with sexual assault. Participants also responded to a hypothetical rape disclosure. Results: Disclosure recipients were more likely to report a victimization history, and less confusion and perceived ineffectiveness in helping the hypothetical victim. RMA and nonrecipient status predicted perceived victim responsibility; these variables and childhood victimization predicted confusion about helping. RMA also predicted perceived ineffectiveness of ones helping behaviors. Victimization history and female gender predicted victim empathy. Conclusions: These findings can inform sexual assault–related programming for undergraduates through the provision of targeted assistance and corrective information.

Why the Impact? Negative Affective Change as a Mediator of the Effects of Victim Impact Statements

Victim impact statements (VISs) represent a contentious legal and psychological point of debate. Current knowledge concerning the influence of VISs on jurors’ emotional states and views of offenders is unclear. Using a sexual assault case, the present study attempted to disentangle these points of debate in the body of existing literature by (a) examining the direct influences of the presence of a VIS and juror Need for Affect (NFA) on sentencing recommendations, (b) assessing overall negative affective change as a mediating mechanism of these predictors, and (c) if mediation was present, identifying specific negative emotions that explain the effects of negative affective change. Results showed that presence of a VIS and a greater proclivity to approach emotions were associated with significantly greater sentencing recommendations. Moreover, change in negative affect mediated the effects of NFA approach and VIS exposure. Examination of changes in specific negative emotions revealed that increases in being upset and nervous mediated the impact of VIS condition; in addition, increases in hostility mediated the effect of NFA approach. Results are discussed with regard to emotion-based decision making of potential jurors, applications to trial process, and future research in the area.

A mock juror investigation of blame attribution in the punishment of hate crime perpetrators

We examined blame attribution as a moderator of perceptions of hate crimes against gay, African American, and transgender victims. Participants were 510 Texas jury panel members. Results of vignette-based crime scenarios showed that victim blame displayed significant negative, and perpetrator blame significant positive, effects on sentencing recommendations. Also as hypothesized, victim and perpetrator blame moderated the effect of support for hate crime legislation. Interaction patterns suggested that both types of blame attribution influence sentencing recommendations, but only for participants disagreeing with hate crime legislation. Three-way interactions with victim type also emerged, indicating that the effects of both types of blame attribution show particular influences when the victim is gay, as opposed to transgender or African American. Implications for attribution theory, hate crime policy, and jury selection are discussed.

Victim impact statements and crime heinousness: a test of the saturation hypothesis

Abstract In Payne v. Tennessee (1991), it was argued that the harmful effects of a victim impact statement (VIS) during sentencing are diminished as the heinousness of the crime increases. We tested this hypothesis by giving 180 mock jurors a summary of a murder trial that varied the presence/absence of VIS along with the crime heinousness (more/less). Participants gave significantly harsher sentencing ratings when VIS was present than when it was absent, and crime heinousness also significantly affected sentencing ratings. However, a significant heinousness by VIS interaction failed to emerge for sentencing, perceptions of victim suffering, or anger toward defendant.

Measuring Attitudes About Hate: Development of the Hate Crime Beliefs Scale

Employing the federal Hate Crimes Prevention Act (HCPA) of 2009 and other such legislation as a backdrop, the present study evaluated the nature of beliefs about hate-crime legislation, offenders, and victims. In addition, it investigated construct validity (i.e., political beliefs and prejudice) and predictive validity (i.e., blame attribution and sentencing recommendations). A total of 403 U.S. adults completed measures of prejudice and an initial pool of 50 items forming the proposed Hate Crime Beliefs Scale (HCBS). Participants were randomly assigned to read one of four hate-crime vignettes, which varied in regard to type of prejudice (racial-, sexual orientation-, transgender-, and religion-based prejudices) and then responded to blame and sentencing questions. Factor analyses of the HCBS resulted in four sub-scales: Negative Views (i.e., higher scores reflect negative views of legislation and minority group protection), Offender Punishment (i.e., higher scores suggest endorsement of greater punishment), Deterrence (i.e., greater scores denote support for hate-crime legislation as a deterrent of more violence), and Victim Harm (i.e., higher scores reflect pro-victim attitudes). Greater pro-legislation and pro-victim beliefs were related to liberal political beliefs and less prejudicial attitudes, with some exceptions. Controlling for a number of demographic, situational, and attitudinal covariates, the Negative Views sub-scale displayed predictive utility, such that more negative views of legislation/minority group protection were associated with elevated victim blame, as well as lower perpetrator blame and sentencing recommendations. Results are discussed in the context of hate-crime research and policy, with additional implications considered for trial strategy, modern prejudice, and blame attribution theory.

Determining True and False Witnessed Events: Can an Eyewitness-Implicit Association Test Distinguish Between the Seen and Unseen

Despite the current popularity of indirect cognitive measures in psychology, there is a paucity of research using indirect measures in the psychology and law literature. We bridge this gap in two studies in which we tested whether a modified version of the Implicit Association Test (IAT) could distinguish between seen and unseen events from a previously witnessed incident. College students (total N = 69) viewed a short crime video and completed an eyewitness-Implicit Association Test (eIAT) and recognition task. In Study 1, the eIAT and recognition task presented true and false central and peripheral details from the video. In Study 2, we used a misinformation paradigm to test the utility of the eIAT. In both studies, the eIAT successfully distinguished between witnessed and non-witnessed details. However, in Study 2, the eIAT did not improve upon the recognition tasks ability to correctly classify participants (i.e., control vs. misinformed group). Implications are discussed.

Mock Juror Perceptions of Rape Victims Impact of Case Characteristics and Individual Differences

The purpose of the present study was to examine mock juror perceptions of rape victims based on the sex of the offender and victim (male offender/female victim vs. female offender/male victim), relationship to the offender (stranger vs. acquaintance vs. intimate partner), revictimization (no revictimization vs. revictimization), and individual differences in rape myth acceptance (RMA) and life history strategy (LHS). Participants (N = 332) read a vignette describing a forcible rape scenario and completed victim and perpetrator blame scales, the Mini-K, and a gender-neutral Rape Myth Acceptance Scale. Results indicated increased victim blame in revictimization conditions, as well as female offender/male victim conditions. A significant mediation effect of LHS on victim blame through the indirect effect of RMA was found, which is predicted from life history theory. Implications of these findings are discussed.

Battered Women Who Kill: Impact of Expert Testimony Type and Timing

This study investigated the impact of expert testimony in a case involving a battered woman who killed her abusive husband. Mock jurors (N = 330) viewed a videotaped simulated trial involving a woman who had entered a self-defence plea in the shooting death of her abusive husband. Participants were presented with either expert testimony regarding the battered woman syndrome (BWS), social/agency (SA) testimony, or a no expert control. Because the timing of expert testimony may impact its application to the defendants circumstances, expert testimony was presented either prior to or following the testimony of the defendant. Although jury verdicts failed to differ across expert testimony and timing conditions, individual mock juror opinions, and perceptions of her situation and mental stability did. Men in particular appeared to be differentially influenced by the alternative forms of expert testimony. Implications are discussed.

Concurrently examining unrealistic absolute and comparative optimism: Temporal shifts, individual-difference and event-specific correlates, and behavioural outcomes

Researchers have spent considerable effort examining unrealistic absolute optimism and unrealistic comparative optimism, yet there is a lack of research exploring them concurrently. This longitudinal study repeatedly assessed unrealistic absolute and comparative optimism within a performance context over several months to identify the degree to which they shift as a function of proximity to performance and performance feedback, their associations with global individual difference and event-specific factors, and their link to subsequent behavioural outcomes. Results showed similar shifts in unrealistic absolute and comparative optimism based on proximity to performance and performance feedback. Moreover, increases in both types of unrealistic optimism were associated with better subsequent performance beyond the effect of prior performance. However, several differences were found between the two forms of unrealistic optimism in their associations with global individual difference factors and event-specific factors, highlighting the distinctiveness of the two constructs.