Conviction Rates Research Articles

Racial bias and DUI enforcement: Comparing conviction rates with frequency of behavior

AbstractResearch summaryThis study estimates disparities in driving under the influence (DUI) convictions relative to the frequency with which racial/ethnic groups engage in alcohol‐impaired driving. We use had‐been‐drinking crashes and self‐reported alcohol‐impaired driving to approximate alcohol‐impaired driving frequency for racial/ethnic groups in California from 2001 to 2016. DUI conviction and had‐been‐drinking crash data are from a sample of 72,368 California men aged 21–49 in 2001. Self‐reported alcohol‐impaired driving rates are from male Californians who responded to the Behavioral Risk Factor Surveillance System. Relative to race/ethnicity‐specific estimated rates of engaging in alcohol‐impaired driving, Latino/Hispanic men had higher rates of DUI conviction than White men. This suggests racial bias plays a role in DUI convictions, with White men experiencing a lower probability of conviction than Latino/Hispanic men who engage in similar behavior.Policy implicationsThese findings suggest actions aimed at reducing individual and structural biases could lead to more equitable DUI conviction rates. Such actions could include limiting discretion at each level of the criminal justice system, for example, by providing prescriptive guidance to officers on when to stop drivers or using local had‐been‐drinking crash rates to determine sobriety checkpoint and saturation patrol locations.

Reviewing the Indonesian Anticorruption Court: A Cost-Effective Analysis

Abstract As part of anticorruption reform, the Indonesian Anticorruption Court Law 2009 mandated the establishment of 514 anti-corruption courts in every city. The Indonesian Supreme Court, however, could only establish 34 courts. Three factors that explain this delay: (1) a lack of budget to fund the court; (2) the limited number of people with the integrity and capacity to serve as ad hoc judges; and (3) distrust from citizens regarding the conviction rate and corruption that occurred within the anticorruption court. Some activist and legal scholars proposed either to evaluate or even abolish the anticorruption court. This article contributes in evaluating the newly created court. There are two indicators, cost per case and collection of monetary penalty that could serve as the basis of cost-effectiveness analysis of the Indonesian Anticorruption Court. As a preliminary review, the prosecution of the crime of corruption is cost-effective if the cases had been prosecuted by the Anticorruption Agency (KPK). Alternative policies based on cost-effectiveness are proposed to improve the performance of the anticorruption court without sacrificing resources.

Court decisions in criminal proceedings for dental malpractice in Taiwan

Malpractice claims place heavy economic and emotional burdens on both dentists and patients. Recently, medical malpractice lawsuits are decreasing in prevalence but increasing in severity. The percentage of dental malpractice payments is also growing among the health profession. The present study aimed to explore criminal convictions in dental malpractice litigation and to analyze the factors affecting the judgment in dental disputes in Taiwan. The keywords "dentist," "professional negligence," "medical malpractice," and "professional liability" were used to search Taiwan's Law and Regulations Retrieving System for criminal dental malpractice cases in all district courts from January 1, 2000 to June 30, 2021. The eligible judgments were summarized and analyzed. Overall, 425 cases were identified, with 28 dental disputes included in the final analysis. The dentists lost in 10 cases (35.7%). The average claim time was 36.75±16.34 months. Taipei and Taichung dealt with more lawsuit cases (n=8). Local clinics were the most common institution of the defendants (75%) and had the highest number of convictions (n=9). Implant dentistry was the most common specialty involved. Expert testimony of the Medical Review Committee (MRC) had a high K coefficient of agreement with court judgments regarding professional negligence (p<0.001). The overall criminal conviction rate was 35.7%. Implant therapy and local clinics had the highest rate of lawsuits and a considerably higher conviction rate. All guilty dentists were fined or given probation. The court judgments were highly consistent with the expert testimony of the MRC.

Measuring Innocence

What is the rate of wrongful conviction? This question may be implicit in Blackstone’s ratio: “It is better that ten guilty persons escape than that one innocent suffer.” Scholarship designed to provide an empirical answer, however, emerged only with the rise of the “innocence movement” in the United States. This article does not provide another study estimating the rate of wrongful felony conviction either for a specified sample, such as death sentences within a specified time period, or for an entire jurisdiction. Instead, we evaluate the rate question itself and assess its importance to innocence scholarship and action. We first trace the question’s intellectual lineage, and its historical and ideological roots among innocence believers and innocence skeptics. We then describe and evaluate all or most of the published studies attempting to estimate the wrongful conviction rate. Next, we discuss a reoccurring limitation of this published work, namely, its failure to account for or its unsubstantiated assumptions about guilty pleas and misdemeanor convictions among innocent defendants. Finally, we question the continued importance of the rate question in light of the modern innocence movement and its growing accomplishments.

Debundling accountability: prosecutor and public defender elections in Florida

I explore the impact of public defender and prosecutor elections using caseload data from Florida. While most states within the US use popular elections to select and retain prosecutors, public defenders are typically appointed positions. Florida is novel in that for both positions, popular, partisan elections are used to select the office’s leader. I first document important distortions in pre-trial case handling. A public defender re-election is associated with an increase in the proportion of cases resolved via plea bargaining, while prosecutor re-elections are associated with less plea bargaining. At the trial phase, I present evidence that public defender re-elections are associated with a decrease in the proportion of jury trials that result in a conviction, while a prosecutor re-election coincides with an increase in the conviction rate. The results are consistent with voters holding both elected officials accountable for doing their job. Public defenders obtain plea bargains at a higher rate and secure acquittals for their clients when up for re-election. Prosecutors do not plea bargain as much and win at trial when up for re-election.

DILEMMAS OF SCIENCE AND THE CRIMINAL LAW: A SOUTH AFRICAN PERSPECTIVE

In light of the 85.9% conviction rate reported by the National Prosecuting Authority for the year 2007/2008, one would expect crime in South Africa to be comparatively under control. However, with only 11% of all reported cases of murder resulting in convictions in this country, it becomes clear that crime is still a very real threat to the Constitutional freedom of its citizens. This article explores the problems encountered in the harvesting, processing and presentation of expert scientific evidence in our criminal courts. The court ruling in S v Van der Vyver 2008 JOL 21332 C is analysed and presents an interesting example of the erroneous use of science in the criminal justice system. A comparative study is undertaken to illustrate further the extent of the problems inherent in the use of science within the criminal justice system and probe possible solutions. The use of scientific evidence in the jurisdictions of England/Wales and the United States of America are used as a focus for the comparative studies.

PROTECTING THE CHILD VICTIM IN SEXUAL OFFENCES: IS THERE A NEED FOR SEPARATE LEGAL REPRESENTATION?

The number of children being sexually violated on a daily basis continues to escalate against a backdrop of a dearth in the conviction rate of their attackers. This is notwithstanding global efforts being made to protect children from the harrowing experience of being sexually violated. Creative measures such as the introduction of innovative child legislation have been largely neutralized by the inability of the criminal justice system to complement the child’s healing process. The gulf between policy and practice has given rise to a lack of protection in respect of the rights of children. In this paper, we seek to highlight the gaps in the South African criminaljustice system when it comes to safeguarding the interests of the minor complainant during the criminal process. We analyse key legislative instruments which purport to protect the minor victim. The analysis is aimed at determining whether or not the specified key provisions are in conflict with the Constitution. The introduction of separate legal representatives for child complainants is evaluated as an option in improving the plight of young child victims. The paper then concludes on an optimistic note by boldly opining that in line with legal developments in other international jurisdictions, the South African criminal justice system can accommodate the legal novelty of introducing separate legal representation for child victims.

Greater Knowledge Enhances Complainant Credibility and Increases Jury Convictions for Child Sexual Assault.

Child sexual assault (CSA) cases reliant on uncorroborated testimony yield low conviction rates. Past research demonstrated a strong relationship between verdict and juror CSA knowledge such as typical delays in reporting by victims, and perceived victim credibility. This trial simulation experiment examined the effectiveness of interventions by an expert witness or an educative judicial direction in reducing jurors' CSA misconceptions. Participants were 885 jurors in New South Wales, Australia. After viewing a professionally acted video trial, half the jurors rendered individual verdicts and half deliberated in groups of 8–12 before completing a post-trial questionnaire. Multilevel structural equation modeling exploring the relationship between CSA knowledge and verdict demonstrated that greater CSA knowledge after the interventions increased the odds ratio to convict by itself, and that the judicial direction predicted a higher level of post-trial CSA knowledge in jurors than other expert interventions. Moreover, greater CSA knowledge was associated with heightened credibility perceptions of the complainant and a corroborating witness. At the conclusion of the trial, the more jurors knew about CSA, the higher the perceived credibility of both the complainant and her grandmother, and the more likely jurors were to convict the accused.

Rates of homicide and homicide associated with severe mental illness in NSW between 1993 and 2016.

To describe the characteristics of offenders found not guilty on the grounds of mental illness (NGMI) in New South Wales and rates of NGMI and other homicide verdicts. Demographic, legal and clinical data after referral to the NSW Mental Health Review Tribunal following an NGMI verdict for homicide matched with results from the National Homicide Monitoring Program. Between 1993 and 2016, a total of 2159 homicide offenders were dealt with by the NSW courts, including 169 (7.8%) who were found NGMI. Over this period, the rate of non-NGMI homicide convictions fell from 1.83 per 100,000 per annum to 0.65 per 100,000 per annum (Kendall's tau = -0.79, p ⩽ 0.001) while the rate of NGMI homicide fluctuated, with an average annual rate of about 0.1 per 100,000 per annum (Kendall's tau = 0.17, p = 0.23). There was no association between the annual rates of NGMI and non-NGMI homicides (Pearson r = -0.3, p = 0.16) but falling rate of non-NGMI homicide meant that the proportion of NGMI offences doubled from 5.5% in the first 12 years to 11% in the second 12 years. Nearly all (88.7%) of those found NGMI had a schizophrenia-related psychosis. However, there were high rates of psychiatric comorbidity including substance use disorder (60.7%) and a history of a prior head injury (41.1%). Most (83.4%) of the NGMI offenders had previous contact with mental health services, but only half of these had received treatment with antipsychotic medication. The fall in conviction for homicide offences in the last 24 years has not been matched by a reduction in NGMI homicide verdicts. More assertive treatment of emerging psychosis and comorbid substance use disorders, and improved continuity of care of chronic psychosis might prevent some homicides.

The Effect of Own-Gender Jurors on Conviction Rates

Despite concerns about gender bias in general and jurors’ gender in particular, little is known about the effect of jurors’ gender on conviction rates. We identify the effect of own-gender jurors by exploiting random variation in the assignment to and ordering of jury pools in two large Florida counties. Results indicate that own-gender jurors are significantly less likely to convict on drug charges, though we find no evidence of effects for other charges. Estimates indicate that adding one own-gender juror (∼1.6 standard deviations) results in a 30-percentage-point reduction in conviction rates on drug charges, which is highly significant even after adjusting for multiple comparisons. These findings highlight how drawing an opposite-gender jury can impose significant costs on defendants and demonstrate that own-gender bias can occur even in settings where the importance of being impartial is actively pressed on participants.

The Effect of Wrongful Conviction Rate on Death Penalty Support and How It Closes the Racial Gap

The Effect of Wrongful Conviction Rate on Death Penalty Support and How It Closes the Racial Gap

Examining the Relationship between the Lethality Assessment/Domestic Violence High-risk Team Monitoring (LAP/DVHRT) Program and Prosecution Outcomes.

Lethality assessment (LAP) and team monitoring of high-risk offenders (DVHRT) are recent U.S. policy innovations designed to identify domestic violence offenders who are at high risk for perpetrating serious or lethal violence against their intimate partners. One goal of LAP/DVHRT is to increase offenders' accountability for domestic violence within the legal system. This study examines associations between LAP/DVHRT and prosecution and sentencing outcomes using data on domestic violence offenses (n = 88) involving 37 offenders monitored by a DVHRT and 51 nonmonitored comparison offenders who were identified as high risk on the LAP. We use logistic and OLS regression to estimate models of six prosecution and sentencing outcomes for the full sample and for a sample matched using the coarsened exact matching technique (n = 73). Multivariate results indicate that when the treatment and comparison samples are matched and control variables are included in regression models, the LAP/DVHRT program is not associated with prosecution or conviction rates, number of charges, or bail amount. DVHRT monitoring is positively associated with sentence length in multivariate analysis and in models using the matched sample. Findings suggest that the LAP/DVHRT program increases offender accountability in the form of incapacitation at the sentencing stages.

Alternative stories and the decision to prosecute: an applied approach against confirmation bias in criminal prosecution

ABSTRACT In many legal systems, preliminary proceedings and the prosecutor’s charging decision predict the outcome of the trial, as reflected in high conviction rates. This charging decision is mostly based on the final police report, which is primarily aimed to substantiate the given suspicion and may lead to a preponderance of incriminating evidence. We investigated if a written statement by the defense (an alternative story) can balance out this information disparity and can alter the charging decision. Building on classical debiasing methods, the Story Model and narrative persuasion, we hypothesized that an alternative story reduces the likelihood of being charged, because the police report becomes less unique. Participants of three experiments (criminal-law students, N = 684) received either only the police report, or the police report plus an alternative story (vs. a statement merely claiming innocence) and were asked to make charging decisions. The presence of prior conviction evidence (PCE) was varied. Results show that 1) an alternative story reduces (and PCE increases) the likelihood of being charged, 2) a statement merely claiming innocence is less but still effective, and 3) PCE effects were small and inconsistent. Underlying mechanisms, implications for criminal procedural law, and applicability to adversarial systems are discussed.

What Hinders Victims from Reporting Sexual Violence: A Qualitative Study with Police Officers, Prosecutors, and Judges in Hungary

While rape historically remains underreported all over the globe, and criminal justice factors contribute to this problem, we investigate unique circumstances that might influence reporting inclinations by Hungarian victims of sexual violence. Among other possible factors, victim-blaming, institutional desensitization, and a lack of trust in the criminal justice system and in the community are discussed. The in-depth interviews (n = 22) with law enforcement and criminal justice professionals conducted in 2018 in Hungary reveal roots of underreporting in the complexities of the criminal justice system: there is a failure to prioritize victims’ needs—mental care services, physical and privacy protection—and a focus instead on solely providing legal justice. The further deficits that can be found among professionals’ attitudes and behaviors in the courtroom are products of the following: a lack of standardized protocols in addressing the needs of victims; a dearth of technical and evidence-based knowledge and training; a lack of supervision and trauma-informed services to practitioners; high caseloads; a focus on the goal of high conviction rates; not providing open communication toward victims; and a shortage of standardized protocols in dealing with victims.

A path towards citizenship: The effects of early college high schools on criminal convictions and voting

Building on a growing literature showing that early college high schools substantially improve educational outcomes, we investigate possible spillover impacts of this intervention on civic outcomes in North Carolina, which has early colleges in most of its 100 counties. We present both lottery and observational impacts on voting and criminal convictions. Our results suggest a modest increase in voting during early adulthood of about 4–5 percent, though lottery estimates do not rule out a null effect. For criminal convictions, lottery estimates are imprecise due to very low conviction rates, but observational evidence suggests a moderate decrease in convictions. We additionally identify stronger impacts on voting and conviction outcomes for key student subgroups, particularly black males and economically-disadvantaged white students. These results suggest that scaling up the early college program can improve youth civic outcomes and help to close key civic and political participation gaps.

Race, witness credibility, and jury deliberation in a simulated drug trafficking trial.

The present study integrates several distinct lines of jury decision-making research by examining how the racial identities of the defendant and an informant witness interact in a federal drug conspiracy trial scenario and by assessing whether jurors' individual racial identity and jury group racial composition influence their judgments. We predicted that jurors would be biased against the Black defendant and would be more likely to convict after exposure to a White informant, among other hypotheses. We recruited 822 nonstudent jury-eligible participants assigned to 144 jury groups. Each group was assigned to one of four onditions where defendant race (Black or White) and informant race (Black or White) was manipulated. Each group watched a realistic audio-visual trial presentation, then deliberated as a group to render a verdict. Contrary to expectations, the conditions depicting a Black defendant yielded lower conviction rates compared to those with a White defendant-at both the predeliberation individual (odds ratio [OR] = 1.54) and postdeliberation group level (OR = 2.91)-while the informant race did not influence verdict outcomes. We also found that jurors rated the government witnesses as more credible when the defendant was White compared to when he was Black. Credibility ratings and verdict outcomes were also predicted by jurors' own race, although juror race did not interact with the race conditions when predicting verdicts. Jurors are sensitive to defendant race, and this sensitivity appears to strengthen after deliberation-but in a direction opposite to what was expected. One potential implication of our findings is that juries may operate as a check on system bias by applying greater scrutiny to law enforcement-derived evidence when the defendant is Black. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

The Interest of a Systematic Toxicological Analysis Combined with Forensic Advice to Improve the Judicial Investigation and Final Judgment in Drug Facilitated Sexual Assault Cases.

The conviction rate in drug facilitated sexual assault (DFSA) cases is known to be very low. In addition, the potential impact of toxicological results on the case is often not well understood by the judicial authorities. The aims of this study were (1) to obtain more knowledge concerning the prevalence of incapacitating substances in DFSA cases, (2) to create a more efficient DFSA analysis strategy taking background information into account, and (3) to evaluate the potential impact of systematic toxicological analysis (STA) on the final judicial outcome. This small-scale epidemiological study (n = 79) demonstrates that ‘commonly-used’ illicit drugs, psychoactive medicines and ethanol are more prevalent in DFSA cases in contrast to the highly mediatized date rape drugs. Additionally, via case examples, the interest of performing STA—to prove incapacitation of the victim—in judicial procedures with mutual-consent discussions has been demonstrated as it led to increased convictions. However, more attention has to be paid to ensure a short sampling delay and to get more accurate information from the medical treatment of the alleged victim. This will improve the interpretation of the toxicological analysis and thus its applicability in a DFSA case. The future is multi-disciplinary and will certainly lead to an efficient and more cost-effective DFSA approach in which STA can impact the final judgment.

Traumatic Brain Injury in Community Corrections: Prevalence and Differences in Compliance and Long-Term Outcomes Among Men and Women on Probation

There are 4.5 million adults in community corrections (e.g., probation and parole), nearly twice the number of people incarcerated in jails and prisons combined. Research suggests that more than half of men in jail have experienced at least one traumatic brain injury (TBI). Very little is known about TBI history in probation. This study reviewed TBI history, cognitive and psychosocial data, and judicial records. Results showed that 47% of persons on probation report TBI. People on probation with TBI also had comorbid behavioral health conditions like mental illness, substance abuse, trauma history, and attempted suicide. They were more likely to be determined to be high risk by probation officers, had a higher rate of felony convictions, had lower rates of successful probation completion, and were significantly more likely to re-offend. Attention to responsivity factors like TBI may help probation provide accommodations that support successful engagement in probation and treatment.

KNOWLEDGE AND ATTITUDE OF INTERNS IN REPORTING AND EVALUATING SEXUAL ABUSE

INTRODUCTION: Every year the crime rate reported against women has been on the rise but the conviction rate of offenders was found to be below 30%.This could be due to the lack of evidences against the perpetrators.Young medical graduates or interns are the first point of contact in any sexual abuse cases and the onus of collecting evidence depends on their knowledge and attitude.The present study was designed based on this back drop. METHODOLOGY: after obtaining ethics committee clearance 91 interns were recruited for the study. The data was collected using a validated questionnaire comprising of 20 questions related to knowledge and 10 questions about attitude. Based on the scores obtained they were categorised into three groups of poor, average and good knowledge. Analysis between knowledge level and gender of interns was done using chi-square test and difference in knowledge score of males and females was tested using independent sample t test. RESULTS: Of the 91 male interns 75% of males and 62.7% of females had good knowledge but this was not statistically significant.Significant difference in the attitude of male and female interns was noted. CONCLUSION: Lack of knowledge in cases of sexual abuse can result in escape of the perpetrators of this heinous crime.The training of interns regarding medicolegal aspects should be made mandatory.Further the medical students also need to be exposed to these legal aspects as a part of their training program.

The effect of wrongful conviction rate on death penalty support: a research note

This research examines whether the information about different wrongful conviction rates would affect death penalty opinion. It is the first experiment to examine how different estimates of the rate of wrongful conviction, rather than general information of innocence, affect views about capital punishment. I use Amazon Mechanical Turk to conduct the survey experiment. Five hundred two respondents were randomized into different groups to receive different information about wrongful conviction rate. People who were informed of a wrongful conviction rate of 4.1% were significantly less likely to support the death penalty compared to people who were told no information of the wrongful conviction rate. But knowing a wrongful conviction rate of 1% did not affect people’s death penalty support. Information about different wrongful conviction rates had different effects on death penalty support. An accurate estimate of the wrongful conviction rate plays an important role in altering death penalty opinion.