239 resultados para guilty verdict


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Este estudo teve como objetivos investigar aspectos da dinâmica intrapsíquica de mães de crianças institucionalizadas em abrigo por ordem judicial, e identificar recursos defensivos utilizados por essas mães. Para atingir estes objetivos, realizou-se uma investigação clínica com estudo de três casos de mães de crianças abrigadas. Foram utilizados dois instrumentos: a) Roteiro de Entrevista roteiro de temas a serem abordados em uma ou mais entrevistas não diretivas de cunho clínico, a fim de auxiliar na investigação da psicodinâmica destas mães. b) Procedimento de Desenho Estória com Tema técnica projetiva que associa o uso de desenhos com estórias, como forma de explorar livre e dinamicamente os conteúdos da personalidade. A técnica permite o estudo das características formais e estruturais da personalidade, pois tem a particularidade de facilitar a expressão de aspectos inconscientes relacionados a pontos de angústias presentes, focos conflituosos e perturbações emergentes. Estes procedimentos foram realizados nas dependências da instituição (abrigo) onde as crianças estavam hospedadas. Os principais resultados comuns aos três casos foram: Ambigüidade e os Impeditivos de Crescimento a primeira mãe entrevistada ao mesmo tempo ataca a mãe que a abandona (mãe biológica e a mãe adotiva), em busca de uma mãe idealizada. Essa ambigüidade a impede de crescer. Nota-se a mesma tentativa de idealização na segunda mãe estudada que demonstra dificuldade em aceitar a atual situação em que vive e não consegue perceber que a aproximação de sua mãe é por causa da doença que ela adquiriu e não por continência. A terceira e última mãe entrevistada demonstra conteúdos persecutórios diante do abrigamento dos filhos e dificuldade de sentir gratidão. Os mecanismos predominantes que aparecem nos três casos são os de: idealização e regressão a estágios primitivos. Nota-se ainda, depressão, dificuldade de elaboração da posição depressiva. Estas mães não conseguem vivenciar continuamente a realidade psíquica, que implicaria na elaboração da posição depressiva, pois não conseguem fazer, ainda que tentem, uma comparação entre os mundos interno e externo, o que as levariam à uma melhor compreensão das semelhanças e diferenças. De modo que, a figura dos pais (principalmente da mãe) fica cindida entre aterrorizante e idealizada, porém os mecanismos predominantes são suas fantasias que propiciam idealização; identificação projetiva maciça. A persecutoriedade e a culpa, ao mesmo tempo parecem indicar a depressão que pode ser tão forte que levam à intensificação destes sentimentos. Há a presença da inveja que também intensifica as angústias persecutórias, requerendo mecanismos de defesa que violentam as funções psíquicas.(AU)

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The recent conviction at Birmingham Crown Court of Dr Priya Ramnath for the manslaughter of a patient under her care at Stafford District General Hospital, occurs no less than a decade after the original inquest into the victim’s death recorded a verdict of death by natural causes. This verdict was later overturned following a second inquest in 2004 and substituted for a verdict of unlawful killing...

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Two studies investigated the influence of juror need for cognition on the systematic and heuristic processing of expert evidence. U.S. citizens reporting for jury duty in South Florida read a 15-page summary of a hostile work environment case containing expert testimony. The expert described a study she had conducted on the effects of viewing sexualized materials on men's behavior toward women. Certain methodological features of the expert's research varied across experimental conditions. In Study 1 (N = 252), the expert's study was valid, contained a confound, or included the potential for experimenter bias (internal validity) and relied on a small or large sample (sample size) of college undergraduates or trucking employees (ecological validity). When the expert's study included trucking employees, high need for cognition jurors in Study 1 rated the expert more credible and trustworthy than did low need for cognition jurors. Jurors were insensitive to variations in the study's internal validity or sample size. Juror ratings of plaintiff credibility, plaintiff trustworthiness, and study quality were positively correlated with verdict. In Study 2 (N = 162), the expert's published or unpublished study (general acceptance) was either valid or lacked an appropriate control group (internal validity) and included a sample of college undergraduates or trucking employees (ecological validity). High need for cognition jurors in Study 2 found the defendant liable more often and evaluated the expert evidence more favorably when the expert's study was internally valid than when an appropriate control group was missing. Low need for cognition jurors did not differentiate between the internally valid and invalid study. Variations in the study's general acceptance and ecological validity did not affect juror judgments. Juror ratings of expert and plaintiff credibility, plaintiff trustworthiness, and study quality were positively correlated with verdict. The present research demonstrated that the need for cognition moderates juror sensitivity to expert evidence quality and that certain message-related heuristics influence juror judgments when ability or motivation to process systematically is low. ^

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Due to the powerful nature of confession evidence, it is imperative that we investigate the factors that affect the likelihood of obtaining true and false confessions. Previous research has been conducted with a paradigm limited to the study of false confessions to an act of negligence, thereby limiting the generalizability of the findings. The first goal of the current study was to introduce a novel paradigm involving a more serious, intentional act that can be used in the study of both true and false confessions. The second goal was to explore the effects of two police interrogation tactics, minimization and an offer of leniency, on true and false confession rates. ^ Three hundred and thirty-four undergraduates at a large southeastern university were recruited to participate in a study on problem-solving and decision-making. During the course of the laboratory experiment, participants were induced to intentionally break or not break an experimental rule, an act that was characterized as “cheating.” All participants (i.e., both innocent and guilty) were later accused of the act and interrogated. For half of the participants, the interrogator used minimization tactics, which involved downplaying the seriousness of the offense, expressing sympathy, and providing face-saving excuses, in order to encourage the participant to confess. An offer of leniency was also manipulated in which half the participants were offered a “deal” that involved the option of confessing and accepting a known punishment or not confessing and facing the threat of harsher punishment. Results indicated that guilty persons were more likely to confess than innocent persons, and that the use of minimization and an explicit offer of leniency increased both the true and false confession rates. Furthermore, a cumulative effect of techniques was observed, such that the diagnosticity of the interrogation (the ratio of true confessions to false confessions) decreased as the number of techniques used increased. Taken together, the results suggest that caution should be used when implementing these techniques in the interrogation room. ^

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To help lawyers uncover jurors' attitudes and predict verdict, litigation experts recommend that attorneys encourage jurors to repeatedly express their attitudes during voir dire. While social cognitive literature has established that repeated expression of attitudes increases accessibility and behavior predictability, the persuasive twist on the method exercised in trials deserves empirical investigation. Only one study has examined the use of repeated expression within a legal context with the results finding that the tactic increased accessibility, but did not influence the attitude verdict relationship. This dissertation reexamines the ability of civil attitudes to predict verdict in a civil trial and investigates the use of repeated expression as a persuasive tactic utilized by both parties (Plaintiff and Defense) within a civil voir dire in an attempt to increase attitudinal strength, via accessibility, and change attitudes to better predict verdict. This project also explores potential moderators, repetition by the opposing party and the use of a forewarning, to determine their ability to counter the effects of repeated expression on attitudes and verdict.^ This dissertation project asked subjects to take on the role of jurors in a civil case. During the voir dire questioning session, the number of times the participants were solicited to express their attitudes towards litigation crisis by both parties was manipulated (one vs. five). Also manipulated was the inclusion of a forewarning statement from the plaintiff, within which mock jurors were cautioned about the repeated tactics that the defense may use to influence their attitudes. Subsequently, participants engaged in a response latency task which measured the accessibility of their attitudes towards various case-related issues. After reading a vignette of a fictitious personal injury case, participants rendered verdict decisions and responded to an attitude evaluation scale. Exploratory factor analyses, Probit regressions, and path analyses were used to analyze the data. Results indicated that the act of repeated expression influenced both the accessibility and value of litigation crisis attitudes thus increasing the attitude-verdict relationship, but only when only one party engaged in it. Furthermore, the forewarning manipulation did moderate the effect of repeated expression on attitude change and verdict, supporting our hypothesis.^

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This study investigated the utility of the Story Model for decision making at the jury level by examining the influence of evidence order and deliberation style on story consistency and guilt. Participants were shown a video-taped trial stimulus and then provided case perceptions including a guilt judgment and a narrative about what occurred during the incident. Participants then deliberated for approximately thirty minutes using either an evidence-driven or verdict-driven deliberation style before again providing case perceptions, including a guilt determination, a narrative about what happened during the incident, and an evidence recognition test. Multi-level regression analyses revealed that evidence order, deliberation style and sample interacted to influence both story consistency measures and guilt. Among students, participants in the verdict-driven deliberation condition formed more consistent pro-prosecution stories when the prosecution presented their case in story-order, while participants in the evidence-driven deliberation condition formed more consistent pro-prosecution stories when the defense's case was presented in story-order. Findings were the opposite among community members, with participants in the verdict-driven deliberation condition forming more consistent pro-prosecution stories when the defense's case was presented in story-order, and participants in the evidence-driven deliberation condition forming more consistent pro-prosecution stories when the prosecution's case was presented in story-order. Additionally several story consistency measures influenced guilt decisions. Thus there is some support for the hypothesis that story consistency mediates the influence of evidence order and deliberation style on guilt decisions.

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Seven basic elements differentiate British from American trial procedures: confining attorneys to their tables; dealing with objections outside the presence of the jury; resolving disagreements between attorneys prior to objections being made; presenting the defense opening statement at the close of the prosecution case; the judge directly questions witnesses and has a wider latitude in controlling the evidence; and the judge gives a summation of all the evidence presented to the jury (Fulero & Turner, 1997). The present experiment examined the influence of these different courtroom procedures, judges' non-verbal behavior, and evidence strength on juror decision-making. Using models of persuasion to understand how the varying elements may effect juror decision-making, it was predicted that trials following American courtroom procedures would be more distracting for jurors and as such, they would be more likely to rely on the peripheral cue of the judge's expectations for trial outcome as expressed in his nonverbal behavior. In trials following British procedures jurors should be less distracted and better able to scrutinize the strength of the evidence that in turn should minimize the influence of the judge's nonverbal behavior. Two hundred forty-five participants viewed a mock civil trial in which courtroom procedure, judge's nonverbal behavior, and evidence strength were varied. Analyses suggest that courtroom procedure and evidence strength influenced the direction of participants' verdicts, but that judge's nonverbal behavior did not have a direct impact on verdict preference. Judge's nonverbal behavior appeared to influence other measures related to verdict. Participants were more confident in their verdicts when they agreed with judge's nonverbal behavior and when they viewed British courtroom procedures. Participants were more likely to return estimates of the defendant's liability that reflected judge's nonverbal behavior and a congruency with evidence strength. Participants also recalled more facts in the British conditions than in the American conditions. These findings are interpreted as indicating the importance of the impact of trial procedures and of nonverbal influence. ^

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The purpose of the current study was to attempt to model various cognitive and social processes that are believed to lead to false confessions. More specifically, this study manipulated the variables of experimenter expectancy, guilt-innocence of the suspect, and interrogation techniques using the Russano et al. (2005) paradigm. The primary measure of interest was the likelihood of the participant signing the confession statement. By manipulating experimenter expectancy, the current study sought to further explore the social interactions that may occur in the interrogation room. In addition, in past experiments, the interrogator has typically been restricted to the use of one or two interrogation techniques. In the present study, interrogators were permitted to select from 15 different interrogation techniques when attempting to solicit a confession from participants. ^ Consistent with Rusanno et al. (2005), guilty participants (94%) were more likely to confess to the act of cheating than innocent participants (31%). The variable of experimenter expectancy did not effect confessions rates, length of interrogation, or the type of interrogation techniques used. Path analysis revealed feelings of pressure and the weighing of consequences on the part of the participant were associated with the signing of the confession statement. The findings suggest the guilt/innocence of the participant, the participant's perceptions of the interrogation situation, and length of interrogation play a pivotal role in the signing of the confession statement. Further examination of these variables may provide researchers with a better understanding of the relationship between interrogations and confessions. ^

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This study addresses the use of attitude and personality variables as predictors of compensation and award in a personal injury suit. Safety seeking behavior and attitudes toward tort reform are introduced as case-specific factors that may predict this verdict decision. Two hundred registered voters were surveyed on scales measuring attitudes toward safety, tort reform, and psychiatrists. Subjects also indicated their demographic characteristics and the degree of compensation and amount of award they would render the plaintiff in a civil suit. Results indicated attitudinal variables were more predictive of compensation and award than were demographic variables. The implications of these findings are discussed.

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Individual cues to deception are subtle and often missed by lay people and law enforcement alike. Linguistic statement analysis remains a potentially useful way of overcoming individual diagnostic limitations (e.g. Criteria based Content Analysis; Steller & Köhnken, 1989; Reality monitoring; Johnson & Raye, 1981; Scientific Content Analysis; Sapir, 1996). Unfortunately many of these procedures are time-consuming, require in-depth training, as well as lack empirical support and/or external validity. The current dissertation develops a novel approach to statement veracity analysis that is simple to learn, easy to administer, theoretically sound, and empirically validated. Two strategies were proposed for detecting differences between liars' and truth-tellers' statements. Liars were hypothesized to strategically write statements with the goal of self-exoneration. Liars' statements were predicted to contain more first person pronouns and fewer third person pronouns. Truth-tellers were hypothesized to be motivated toward being informative and thus produce statements with fewer first person pronouns and more third person pronouns. Three studies were conducted to test this hypothesis. The first study explored the verbal patterns of exoneration and informativeness focused statements. The second study used a traditional theft paradigm to examine these verbal patterns in guilty liars and innocent truth tellers. In the third study to better match the context of a criminal investigation a cheating paradigm was used in which spontaneous lying was induced and written statements were taken. Support for the first person pronoun hypothesis was found. Limited support was found for the third person pronoun hypothesis. Results, implications, and future directions for the current research are discussed.

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Police investigators rely heavily on eliciting confessions from suspects to solve crimes and prosecute offenders. Therefore, it is essential to develop evidence-based interrogation techniques that will motivate guilty suspects to confess but minimize false confessions from the innocent. Currently, there is little scientific support for specific interrogation techniques that may increase true confessions and decrease false confessions. Rapport building is a promising possibility. Despite its recommendation in police interrogation guidelines, there is no scientific evidence showing the effect of rapport building in police interrogations. The current study examined, experimentally, whether using rapport as an interrogation technique would influence participants’ decisions to confess to a wrongdoing. It was hypothesized that building rapport with participants would lead to more true confessions and fewer false confessions than not building rapport. One hundred and sixty nine undergraduates participated in the study. Participants worked on logic problems together and individually, with a study confederate. The confederate asked half of the participants for help in one of the individual problems – effectively breaking the rules of the study. After working on these problems, a research assistant playing the role of interviewer came into the room, built rapport or not with participants, accused all participants of cheating by sharing answers on the individual problems, and asked them to sign a statement admitting their guilt. Results indicated that guilty participants were more likely to sign the confession statement than innocent participants. However, there were no significant differences on participants’ confession decisions based on the level of rapport they experienced. Results do not provide support for the hypothesis that building rapport increases the likelihood of obtaining true confessions and decreases the likelihood of obtaining false confessions. These findings suggest that, despite the overwhelming recommendation for the use of rapport with suspects, its actual implementation may not have a direct impact on the outcome of interrogations.

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Student’s mistakes as viewed in a didactic and pedagogical perspective are a phenomenon inevitably observed in any context in which formal teaching-andlearning processes are taking place. Researchers have shown that such mistakes are viewed most of the times as undesirable and often as a consequence of lack of attention or poor commitment on the part of the student and rarely considered didactically useful. The object of our reflections in this work is exactly those mistakes, which are born in the entrails of the teaching-and-learning processes. It is our understanding that a mistake constitutes a tool which mediates knowledge and may therefore become a strong ally of the instructor’s actions in her/his teaching tasks and thus should be taken into the teacher’s best consideration. Understanding a mistake as so, we postulate that the teacher must face it as a possibility to be exploited rather than as a negative occurrence. Such an attitude on the part of the teacher would undoubtedly render profitable didactic situations. To deepen the understanding of our aim, we took a case study on the perception of senior college students in the program of Mathematics at UFRN in the year 2009, 2nd term. The reason of this choice is the fact that Mathematics is the field presenting traditionally the poorest records in terms of school grades. In this work we put forth data associated to ENEM1 , to the UFRN Vestibular2 and the undergraduate courses on Mathematics. The theoretical matrixes supporting our reflections in this thesis follow the ideas proposed by Castorina (1988); Davis e Espósito (1990); Aquino (1997); Luckesi (2006); Cury (1994; 2008); Pinto (2000); Torre (2007). To carry out the study, we applied a semi-structured questionnaire containing 14 questions, out of which 10 were open questions. The questions were methodologically based on the Thematic Analysis – One of the techniques for Content Analysis schemed by Bardin (1977) – and it was also used the computer program Modalisa 6.0 (A software designed by faculties the University of Paris VIII). The results indicate that most of the teachers training instructors in their pedagogical practice view the mistakes made by their students only as a guide for grading and, in this procedure, the student is frequently labeled as guilty. Conclusive analyses, therefore, signal to the necessity of orienting the teachers training instructors in the sense of building a new theoretical contemplation of the students’ mistakes and their pedagogical potentialities and so making those professionals perceive the importance of such mistakes, since they reveal gaps in the process of learning and provide valuable avenues for the teaching procedures.

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Objectif. Les jeunes crossover sont définis comme des adolescents qui sont à la fois victimes de maltraitance et délinquants juvéniles. L'objectif de ce mémoire est d’examiner les relations entre les paramètres de la maltraitance (ex., récurrence, sous-types et variété) et les paramètres de la délinquance juvénile (ex., précocité, volume, variété, gravité moyenne et présence de sous-types) vécus par les jeunes crossover. Méthodes. La source des données est constituée de rapports officiels pour tous les adolescents et adolescentes québécois qui ont plaidé coupables ou ont été reconnus coupables d'un crime entre le 1e janvier 2005 et le 31 décembre 2010. D'abord, un portrait des jeunes crossover québécois est dressé à l’aide de statistiques descriptives. Ensuite, des analyses multivariées sont utilisées pour déterminer si les paramètres de la maltraitance prédisent les différentes dimensions de la délinquance et pour examiner les différences selon le sexe. Résultats. La délinquance des jeunes crossover est plus importante que celle des délinquants non-maltraités. Les expériences différentielles de la maltraitance sont liées à des paramètres hétérogènes de la délinquance juvénile. La récurrence de la maltraitance est un prédicteur important des paramètres de la délinquance ultérieure. De plus, la maltraitance est particulièrement influente sur la délinquance des garçons. Implications. Les interventions au sein des systèmes de la protection de la jeunesse et de la justice juvénile doivent être adaptées afin d'identifier les jeunes à risque de délinquance grave, de cibler les dimensions spécifiques de la maltraitance et d’entraver leurs liens à la délinquance ultérieure. L'intervention doit être privilégiée pour les victimes de multiples incidents de maltraitance et pour les garçons victimes de maltraitance.

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Prepared March 1, 2001 by Sherburne F. Cook, Jr. The official Court Proceedings of the second and third sentencing are recorded in the official Court Ledger for the 2nd Judicial District; Olympia, Thurston County, W.T., from which the following transcription has been taken. The Ledger picks up the Trial action on March 18, 1857.

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Cet essai est une analyse du régime juridique applicable aux accusés qui ont été reconnus non-responsables criminellement pour cause de troubles mentaux en vertu de l'article 16 du Code criminel. Nous exposons tout d'abord l'historique dudit verdict lequel mène à un suivi à double volets, soit juridique et médical, dont nous détaillons le cadre normatif dans une seconde partie. Le premier volet est assuré par une instance administrative alors que le second relève d'un hôpital. Le suivi à double volets sous-tend donc la cohabitation de deux domaines aux objectifs distincts, à savoir la protection de la société à l'égard d'un accusé ayant commis un acte criminel pour l'un et le traitement d'un patient psychiatrique pour l'autre. Les hôpitaux, et plus particulièrement les psychiatres, se retrouvent ainsi avec l'obligation de jongler avec le droit criminel, tout en poursuivant leur objectif principal, soit le traitement de leurs patients. Dans ce contexte, le présent essai tente d'étudier les conséquences potentielles de la rencontre de ces deux domaines sur les droits des accusés. En effet,la mise en place du suivi à double volets visait un respect plus adéquat des droits et libertés des accusés ainsi qu'une meilleure prise en charge médicale de leurs besoins aux fins de leur offrir un traitement approprié. Toutefois, les tensions existant entre le domaine juridique et celui de la santé permettent-elles vraiment d'atteindre de tels objectifs?