While there is an increasing recognition that developmental differences may exist in legal decision-making, little research has examined this. This study examined the legal judgments of 152 defendants aged 11-17 (73 females, 79 males). Adolescents aged 15 and younger were more likely than older adolescents to confess and waive their right to counsel, and less likely to report that they would appeal their case or discuss disagreements with their attorneys. Also, while adolescents aged 15-17 were more likely to confess, plead guilty, and accept a plea bargain if they perceived that there was strong evidence against them, younger defendants' legal decisions were not predicted by the strength of evidence. Importantly, defendants with poor legal abilities were more likely to waive legal protections, such as the right to counsel and to appeal. Defendants from below-average socioeconomic backgrounds were more likely to waive their interrogation rights, and defendants from ethnic minority groups were less likely to report that they would disclose information to their attorneys. The advice of attorneys, parents, and peers emerged as important predictors of plea decisions. None of the defendants reported that their parents advised them to assert the right to silence during police interrogation.
Purpose. The goal of the present study was to investigate the effects of personality variables, interrogation techniques and the plausibility level of an alleged transgression on the experimental elicitation of false confessions.
Methods. Two hundred and nineteen undergraduate students assessed on measures of compliance, self‐esteem, locus of control and interrogative suggestibility participated in the Kassin and Kiechel (1996) paradigm. Experimental manipulations included minimization and maximization interrogation techniques and high and low plausibility of the alleged typing mistake to examine rates of false confession and internalization.
Results. The overall false confession and internalization rates across all conditions were 43 and 10%, respectively. An increased likelihood of false confession behaviour was associated with higher Shift scores on the Gudjonsson Suggestibility Scale, the use of minimization interrogation techniques and an increase in the plausibility of the allegation. Females were more likely to falsely confess than males in the high plausibility condition, whereas Caucasian and Asian participants were equally likely to falsely confess. Personality variables, such as compliance, most influenced the behaviour of males and Asians.
Conclusions. The results of this study offer insight into false confession behaviour, suggesting that individuals who have a tendency to change their responses in the face of negative feedback may be more prone to false confession behaviour. The findings also serve to highlight the dangers of using minimization interrogation techniques and elucidate the limited generalizability of the paradigm to situations in which the alleged transgression is less plausible.
There is considerable debate about the assessment of psychopathic traits in adolescence due in part to questions regarding the stability of traits. We investigated the 6-month stability of psychopathic traits in a sample of 83 male adolescent offenders using an augmented protocol for the Psychopathy Checklist: Youth Version and the self-report Antisocial Process Screening Device. Findings suggested moderate to high stability of psychopathic traits, as indexed by total scores, and low to moderate stability of psychopathic traits at the factor level. The interpersonal and behavioral traits demonstrated greater stability relative to the affective traits, and stability varied by developmental stage, with lower stability in early adolescence. Implications for understanding the developmental expression of psychopathic traits in adolescence, as well as for clinical-forensic practice, are discussed.
The current study examined psychopathy and nonverbal indicators of deception in an incarcerated sample. Nonverbal behaviors were coded from videotapes of 45 male offenders telling true and fabricated stories about crimes. Interpersonal features of psychopathy were associated with inflated views of lying ability, verbosity, and increases in blinking, illustrator use, and speech hesitations. While lying, the more psychopathic offenders spoke faster and demonstrated increases in blinking and head movements. Indicators of deception in offenders were somewhat different from those typically observed in non-offender populations. These findings indicate that personality factors may have an impact on nonverbal indicators of deception in criminal justice settings where the detection of deception is of utmost concern.
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