ResearchPad - criminal-punishment https://www.researchpad.co Default RSS Feed en-us © 2020 Newgen KnowledgeWorks <![CDATA[Punishing the privileged: Selfish offers from high-status allocators elicit greater punishment from third-party arbitrators]]> https://www.researchpad.co/article/elastic_article_14606 Individuals high in socioeconomic status (SES) are often viewed as valuable members of society. However, the appeal of high-SES people exists in tension with our aversion to inequity. Little experimental work has directly examined how people rectify inequitable distributions between two individuals varying in SES. The objective of the present study was to examine how disinterested third parties adjudicate inequity in the context of concrete financial allocations between a selfish allocator and a recipient who was the victim of the allocator’s selfish offer. Specifically, this study focused on whether knowing the SES of the victim or the allocator affected the participant’s decisions to punish the selfish allocator. In two experiments (N = 999), participants completed a modified third-party Ultimatum Game in which they arbitrated inequitable exchanges between an allocator and a recipient. Although participants generally preferred to redistribute inequitable exchanges without punishing players who made unfair allocations, we observed an increased preference for punitive solutions as offers became increasingly selfish. This tendency was especially pronounced when the victim was low in SES or when the perpetrator was high in SES, suggesting a tendency to favor the disadvantaged even among participants reporting high subjective SES. Finally, punitive responses were especially likely when the context emphasized the allocator’s privileged status rather than the recipient’s underprivileged status. These findings inform our understanding of how SES biases retributive justice even in non-judicial contexts that minimize the salience of punishment.

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<![CDATA[Compensate a little, but punish a lot: Asymmetric routes to restoring justice]]> https://www.researchpad.co/article/5c40f811d5eed0c484386f86

Most people have a desire to live in a just world, a place where good things happen to good people and bad things happen to bad people. And yet, injustices do occur: good things happen to bad people and bad things happen to good people. Across four experiments, we show that people respond quite differently to correct these two types of injustices. When bad things happen to good people, individuals are eager to compensate a good person’s losses, but only do so to a small degree. In contrast, when a good thing happens to a bad person, because the only perceived appropriate act of punishment is to fully strip the bad actor of all his or her illegitimate gains, few people choose to punish in this costly way. However, when they do, they do so to very large degrees. Moreover, we demonstrate that differential psychological mechanisms drive this asymmetry.

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<![CDATA[Does a history of sexual and physical childhood abuse contribute to HIV infection risk in adulthood? A study among post-natal women in Harare, Zimbabwe]]> https://www.researchpad.co/article/5c390bb2d5eed0c48491ddfa

Background

Sexual and physical abuse in childhood creates a great health burden including on mental and reproductive health. A possible link between child abuse and HIV infection has increasingly attracted attention. This paper investigated whether a history of child physical and sexual abuse is associated with HIV infection among adult women.

Methods

A cross sectional survey was conducted among 2042 postnatal women (mean age = 26y) attending six public primary health care clinics in Harare, Zimbabwe within 6 weeks post-delivery. Clinic records were reviewed for mother’s antenatal HIV status. Participants were interviewed about childhood abuse including physical or sexual abuse before 15 years of age, forced first sex before 16, HIV risk factors such as age difference at first sex before age 16. Multivariate analyses assessed the associations between mother’s HIV status and child physical and sexual abuse while controlling for confounding variables.

Results

More than one in four (26.6%) reported abuse before the age of 15: 14.6% physical abuse and 9.1% sexual abuse,14.3% reported forced first sex and 9.0% first sex before 16 with someone 5+ years older. Fifteen percent of women tested HIV positive during the recent antenatal care visit. In multivariate analysis, childhood physical abuse (aOR 3.30 95%CI 1.58–6.90), sexual abuse (3.18 95%CI: 1.64–6.19), forced first sex (aOR 1.42, 95%CI: 1.00–2.02), and 5+ years age difference with first sex partner (aOR 1.66 95%CI 1.09–2.53) were independently associated with HIV infection.

Conclusion

This study highlights that child physical and/or sexual abuse may increase risk for HIV acquisition. Further research is needed to assess the pathways to HIV acquisition from childhood to adulthood. Prevention of child abuse must form part of the HIV prevention agenda in Sub-Saharan Africa.

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<![CDATA[Are Forensic Experts Already Biased before Adversarial Legal Parties Hire Them?]]> https://www.researchpad.co/article/5989db46ab0ee8fa60bd8b8e

This survey of 206 forensic psychologists tested the “filtering” effects of preexisting expert attitudes in adversarial proceedings. Results confirmed the hypothesis that evaluator attitudes toward capital punishment influence willingness to accept capital case referrals from particular adversarial parties. Stronger death penalty opposition was associated with higher willingness to conduct evaluations for the defense and higher likelihood of rejecting referrals from all sources. Conversely, stronger support was associated with higher willingness to be involved in capital cases generally, regardless of referral source. The findings raise the specter of skewed evaluator involvement in capital evaluations, where evaluators willing to do capital casework may have stronger capital punishment support than evaluators who opt out, and evaluators with strong opposition may work selectively for the defense. The results may provide a partial explanation for the “allegiance effect” in adversarial legal settings such that preexisting attitudes may contribute to partisan participation through a self-selection process.

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<![CDATA[Criminal Justice Reform as HIV and TB Prevention in African Prisons]]> https://www.researchpad.co/article/5989daefab0ee8fa60bc0a39

Katherine Todrys and Joseph Amon argue for criminal justice system reforms in sub-Saharan Africa to reduce HIV and TB transmission in prisons and to guarantee detainees' human rights and health.

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<![CDATA[Evaluation of a Screening Instrument for Autism Spectrum Disorders in Prisoners]]> https://www.researchpad.co/article/5989da05ab0ee8fa60b75841

There have been concerns that individuals with autism spectrum disorders (ASDs) are over-represented but not recognised in prison populations. A screening tool for ASDs in prisons has therefore been developed.

Aims

We aimed to evaluate this tool in Scottish prisoners by comparing scores with standard measures of autistic traits (Autism Quotient (AQ)), neurodevelopmental history (Asperger Syndrome (and High-Functioning Autism) Diagnostic Interview (ASDI)), and social cognition (Ekman 60 Faces test).

Methods

Prison officers across all 12 publicly-run closed prisons in Scotland assessed convicted prisoners using the screening tool. This sample included male and female prisoners and both adult and young offenders. Prisoners with high scores, along with an equal number of age and sex-matched controls, were invited to take part in interviews. Prisoners' relatives were contacted to complete a neurodevelopmental assessment.

Results

2458 prisoners were screened using the tool, and 4% scored above the cut-off. 126 prisoners were further assessed using standardised measures. 7 of those 126 assessed scored 32 or above (cut-off) on the AQ. 44 interviews were completed with prisoners' relatives, no prisoner reached the cut-off score on the ASDI. Scores on the screening tool correlated significantly with AQ and ASDI scores, and not with the Ekman 60 Faces Test or IQ. Sensitivity was 28.6% and specificity 75.6%; AUC was 59.6%.

Conclusions

Although this screening tool measures autistic traits in this population, sensitivity for scores of 32 or above on the AQ is poor. We consider that this limits its usefulness and do not recommend that the tool is routinely used to screen for ASDs in prisons.

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<![CDATA[Legal Remedies for Medical Ghostwriting: Imposing Fraud Liability on Guest Authors of Ghostwritten Articles]]> https://www.researchpad.co/article/5989daa3ab0ee8fa60ba6988 ]]> <![CDATA[No Evidence for Moral Reward and Punishment in an Anonymous Context]]> https://www.researchpad.co/article/5989da1eab0ee8fa60b7df95

Human social interactions are regulated by moral norms that define individual obligations and rights. These norms are enforced by punishment of transgressors and reward of followers. Yet, the generality and strength of this drive to punish or reward is unclear, especially when people are not personally involved in the situation and when the actual impact of their sanction is only indirect, i.e., when it diminishes or promotes the social status of the punished or rewarded individual. In a real-life study, we investigated if people are inclined to anonymously punish or reward a person for her past deeds in a different social context. Participants from three socio-professional categories voted anonymously for early career violinists in an important violin competition. We found that participants did not punish an immoral violin candidate, nor did they reward another hyper-moral candidate. On the contrary, one socio-professional category sanctioned hyper-morality. Hence, salient moral information about past behavior did not elicit punishment or reward in an impersonal situation where the impact of the sanction was indirect. We conclude that contextual features play an important role in human motivation to enforce moral norms.

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<![CDATA[HIV Risk among MSM in Senegal: A Qualitative Rapid Assessment of the Impact of Enforcing Laws That Criminalize Same Sex Practices]]> https://www.researchpad.co/article/5989d9d2ab0ee8fa60b6482a

Men who have sex with men (MSM) are at high risk for HIV in Senegal, with a prevalence of 21.5%. In December 2008, nine male HIV prevention workers were imprisoned for “acts against nature” prohibited by Senegalese law. This qualitative study assessed the impact of these arrests on HIV prevention efforts. A purposive sample of MSM in six regions of Senegal was recruited by network referral. 26 in-depth interviews (IDIs) and 6 focus group discussions (FGDs) were conducted in July–August 2009. 14 key informants were also interviewed. All participants reported pervasive fear and hiding among MSM as a result of the December 2008 arrests and publicity. Service providers suspended HIV prevention work with MSM out of fear for their own safety. Those who continued to provide services noticed a sharp decline in MSM participation. An effective response to the HIV epidemic in Senegal should include active work to decrease enforcement of this law.

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<![CDATA[Omissions and Byproducts across Moral Domains]]> https://www.researchpad.co/article/5989da3bab0ee8fa60b87f7d

Research indicates that moral violations are judged less wrong when the violation results from omission as opposed to commission, and when the violation is a byproduct as opposed to a means to an end. Previous work examined these effects mainly for violent offenses such as killing. Here we investigate the generality of these effects across a range of moral violations including sexuality, food, property, and group loyalty. In Experiment 1, we observed omission effects in wrongness ratings for all of the twelve offenses investigated. In Experiments 2 and 3, we observed byproduct effects in wrongness ratings for seven and eight offenses (out of twelve), respectively, and we observed byproduct effects in forced-choice responses for all twelve offenses. Our results address an ongoing debate about whether different cognitive systems compute moral wrongness for different types of behaviors (surrounding violence, sexuality, food, etc.), or, alternatively, a common cognitive architecture computes wrongness for a variety of behaviors.

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<![CDATA[Switching Away from Utilitarianism: The Limited Role of Utility Calculations in Moral Judgment]]> https://www.researchpad.co/article/5989da1fab0ee8fa60b7e65b

Our moral motivations might include a drive towards maximizing overall welfare, consistent with an ethical theory called “utilitarianism.” However, people show non-utilitarian judgments in domains as diverse as healthcare decisions, income distributions, and penal laws. Rather than these being deviations from a fundamentally utilitarian psychology, we suggest that our moral judgments are generally non-utilitarian, even for cases that are typically seen as prototypically utilitarian. We show two separate deviations from utilitarianism in such cases: people do not think maximizing welfare is required (they think it is merely acceptable, in some circumstances), and people do not think that equal welfare tradeoffs are even acceptable. We end by discussing how utilitarian reasoning might play a restricted role within a non-utilitarian moral psychology.

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<![CDATA[Race and the Fragility of the Legal Distinction between Juveniles and Adults]]> https://www.researchpad.co/article/5989da1aab0ee8fa60b7cab1

Legal precedent establishes juvenile offenders as inherently less culpable than adult offenders and thus protects juveniles from the most severe of punishments. But how fragile might these protections be? In the present study, simply bringing to mind a Black (vs. White) juvenile offender led participants to view juveniles in general as significantly more similar to adults in their inherent culpability and to express more support for severe sentencing. Indeed, these differences in participants’ perceptions of this foundational legal precedent distinguishing between juveniles and adults accounted for their greater support for severe punishment. These results highlight the fragility of protections for juveniles when race is in play. Furthermore, we suggest that this fragility may have broad implications for how juveniles are seen and treated in the criminal justice system.

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