open access
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open access
메뉴
ISSN : 2093-3843
This study analyzed the use of expert reports in the investigations and trials of cases of sexual violence against people with intellectual disabilities. A total of 670 alleged sexual assault cases against victims with intellectual disabilities were analyzed. Results showed that 97.5% of the cases included at least one expert report. In most cases(91%), the expert reports of statement validity assessment were included. Additionally, doctor’s note (41.1%) from obstetricians and Psychiatrists, intermediary reports(36%), and expert witnesses(psychologists’) reports (9.5%) were included. In 80 cases (44.4%) of the 180 cases in which a victim’ statement credibility was in question during the trial, judges cited the expert’s reports of statement validity assessment as the basis for the judgment on the reliability of the victims’ accusation. The frequency of citing the report was higher when the victim was under the age of 13, or when the defendant was found guilty. Regrading the report content, the evaluations of criteria-based content analysis(CBCA) was most frequently cited, while the victim’s psychological status, cognitive limitation, as well as possibile contamination of victim’s account, were also mentioned in the ruling statements. Results showed agreement between experts’ statement validity assessments and judges’ determinations in 79 cases out of the 80 cases Finally, this study discussed ways to utilize expert options.
In this study, we analyzed the difference in survival rates of those subject to electronic supervision of sex crimes based on the tracking of the period of recidivism and whether they were recidivism, and wanted to confirm the ability of the criminal record to predict recidivism. The criteria for recidivism were defined as cases where a conviction was confirmed due to a criminal case that occurred during the execution of electronic monitoring, and the date of recidivism was the date of occurrence of a case that was confirmed guilty. A total of 122 re-offenders were used in the analysis, and all of them were charged with electronic supervision for committing sex crimes. Studies have confirmed that the subjects commit the most recidivism within three years. In addition, in this study, the difference in survival rate between groups was analyzed after classifying mixed and sex recidivism cases. The number of members was 88 for the mixed recidivism group and 34 for the sex recidivism group. The analysis confirmed that both groups had the most recidivism within three years. There was a slight difference between the survival rate of the mixed recidivism group and the survival rate of the sex recidivism group. So the Log Rank Test and the Generalized Wilcoxon Test were conducted, but no statistically significant differences were identified(Wilcoxon statistic = 2.326, df = 1, p = .13, Log Rank = 1.345, df = 1, p = .25). Next, a Cox Regression analysis was performed to confirm the ability of the criminal record to predict recidivism. As a result, the number of criminal records(sex offense, violent crime) have been confirmed to be a good predictor of recidivism(=27.33, =1, < .001). As a result, the recidivism rate is gradually decreasing due to the implementation of the electronic monitoring. However, the duration of recidivism required by sex offenders in high-risk groups was found to be rather short. Currently, security measures against felons are being strengthened, so it is necessary to select high-risk groups. Therefore, based on the related studies, the characteristics of high-risk groups and the results of recidivism studies will be used as a basis for disposal within the criminal justice system, which will play a major role in granting objectivity.
People’s belief in free will is important in determining the causes and responsibilities of human behavior. Over the past decades, there has been debate about belief in free will in the fields of neuroscience, philosophy, ethics, and criminal law. The Free Will and Determinism Scale (FAD-Plus; Paulhus & Carey, 2011) is a test tool that measures the components related to the belief in an individual's free will. This study conducted a confirmatory factor analysis of 1,000 ordinary people of various age groups and socio-economic backgrounds based on previous studies that conducted an exploratory factor analysis (Study 1). The author has secured the reliability and validity of a number of measures. Furthermore, it was examined how the sub-item of the FAD-Plus scale, ‘belief in free will,’ was related to correspondence bias and locus of control (Study 2). As a result of analyzing a total of 83 subjects, high belief in free will had a positive correlation with punishment judgment for negative behavior and internal attribution, but there was no significant relationship in reward judgment for positive behavior. Based on the study results, it was proven that the FAD-Plus is valid for the general public as well, and the relationship between belief in free will, attribution bias, locus of control and behavior judgment was examined. The limitations of this study, policy implications, and research directions are discussed.
This study is an experimental study comparing the psycho-physiological response differences of subjects according to the rapport building in polygraph tests. We randomly assigned 84 adults into a 2(veracity: Truth vs. Lie) x 2(rapport; Rapport building vs. Non-rapport building) between-subject design and measured ESS total scores as psycho-physiological responses. In order to manipulate the veracity conditions, participants in the truthful condition were told to tell their actual scores on several simple tasks but those in the lie condition were asked to tell higher scores than their actual scores. Afterwards all participants were polygraph tested in the order of pre-interview and main examination. The rapport conditions were manipulated by structured pre-interview scripts. As a result, there were significant differences in the examinee's total ESS scores depending on the veracity and rapport conditions. For truth-tellers, the ESS total scores were greater in the positive(+) direction in the rapport building condition than in the non-rapport building condition, indicating a prominent true response in the former condition. For liars, however, the ESS total scores were not significantly greater in the negative(-) direction in the rapport building condition than in the non-rapport building condition. Based on this study's results, we discussed the importance of rapport building in the pre-interview phase of a polygraph test and the need to operationalize verbal and non-verbal rapport building techniques.
This study investigated whether judgments of sexual violence involving juvenile victims vary by history of victim’s juvenile prostitution, victim’s behavior conforming to stereotypes of an “ideal” victim, and relationships between victim and perpetrator. The study also examined the effects of participants’ level of authoritarianism and rape myth acceptance on their judgments of sexual violence. A total of 335 participants(170 females, 165 males) in their 20s to 50s assessed the degree of victim blaming and perpetrator sentencing. This study examined the effects of participants’ gender and age on the judgments of victim blaming and perpetrator sentencing, and the mediation effects of authoritarianism and rape myth acceptance. As a result, participants blamed the victim more and imposed a lighter sentence on the perpetrator when the juvenile victim did not conform to the image of an “ideal” victim of sexual violence as opposed to a “typical victim”. They also blamed the victim more when the victim and the perpetrator met through a chat application than when the victim and the perpetrator had known each other. Male participants as opposed to female participants blamed the victim more, punished the perpetrator more lightly, and exhibited a higher level of authoritarianism and rape myth acceptance. The older the participants were, the more they blamed the victim and the higher they demonstrated rape myth acceptance. The effect of the participants’ gender on the judgment of the perpetrator punishment was mediated by rape myth acceptance, and the effect of the participants’ gender and age on the victim blaming was mediated by authoritarianism and rape myth acceptance.