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Lawyer, jailer, ally, foe : complicity and conscience in America's World War II concentration camps
\"In the Japanese American relocation camps of World War II, internees could, on any given day, be both clients and victims of their assigned War Relocation Authority lawyers. The morally ambiguous remit of these attorneys was wide and often contradictory, including overseeing the day-to-day administration of the camps, settling internal disputes between inmates, managing conflict between detainees and their government captors, and providing legal representation for prisoners outside of the camps. In re-creating the daily lives of these WRA attorneys, Eric L. Muller, a leading expert on Japanese American relocation and internment during World War II, seeks to capture historical subjects as three-dimensional, flawed human beings\"-- Provided by publisher.
Book
Defense Attorney Plea Recommendations and Client Race
Research on racism in the criminal justice system generally focuses on the role of the jury; yet, the vast majority of convictions are obtained through plea bargains. This research addresses the role of the defense attorney and proposes that disparities in sentence length and incarceration rates between African Americans and Caucasian Americans are in part due to the plea bargains that defense attorneys recommend these clients accept. Using practicing defense attorneys from around the country, findings indicate that the pleas attorneys felt they could obtain with a minority client contained higher sentences (adjusted M = 2.88) than those they felt they could obtain with a Caucasian client (adjusted (M = 2.22) and were significantly more likely to include some jail time. Reasons for the disparate recommendations were not due to increased perceptions of guilt with the minority client nor to perceptions that the minority client would fare worse at trial. Theoretical and practical implications are discussed as well as possible future directions.
Journal Article
Gender Harassment
This study challenges the common legal and organizational practice of privileging sexual advance forms of sex-based harassment, while neglecting gender harassment. Survey data came from women working in two male-dominated contexts: the military and the legal profession. Their responses to the Sexual Experiences Questionnaire (SEQ) revealed five typical profiles of harassment: low victimization, gender harassment, gender harassment with unwanted sexual attention, moderate victimization, and high victimization. The vast majority of harassment victims fell into one of the first two groups, which described virtually no unwanted sexual advances. When compared to non-victims, gender-harassed women showed significant decrements in professional and psychological well-being. These findings underscore the seriousness of gender harassment, which merits greater attention by both law and social science.
Journal Article
Mental Health Courts and Their Selection Processes
Admission into mental health courts is based on a complicated and often variable decision-making process that involves multiple parties representing different expertise and interests. To the extent that eligibility criteria of mental health courts are more suggestive than deterministic, selection bias can be expected. Very little research has focused on the selection processes underpinning problem-solving courts even though such processes may dominate the performance of these interventions. This article describes a qualitative study designed to deconstruct the selection and admission processes of mental health courts. In this article, we describe a multi-stage, complex process for screening and admitting clients into mental health courts. The selection filtering model that is described has three eligibility screening stages: initial, assessment, and evaluation. The results of this study suggest that clients selected by mental health courts are shaped by the formal and informal selection criteria, as well as by the local treatment system.
Journal Article
OF MONSTERS AND MEN: PERPETRATOR TRAUMA AND MASS ATROCITY
In popular, scholarly, and legal discourse, psychological trauma is an experience that belongs to victims. While we expect victims of crimes to suffer trauma, we never ask whether perpetrators likewise experience those same crimes as trauma. Indeed, if we consider trauma in the perpetration of a crime at all, it is usually to inquire whether a terrible experience earlier in life drove a person toward wrongdoing. We are loath to acknowledge that the commission of the crime itself may cause some perpetrators to experience their own psychological injury and scarring. This Article aims to fill this gap in our understanding of crime and trauma by initiating a long-overdue conversation about perpetrator trauma. Specifically, this Article argues that perpetrator trauma exists and merits attention. In doing so, it traces a cultural evolution in the concept of trauma from a psychological category to a moral one, and in response, it proposes a counternarrative of trauma—one that recognizes trauma as a neutral, human trait, divorced from morality, and not incompatible with choice and agency. Finally, this Article argues that we ignore this counternarrative of trauma at our peril. Acknowledging the reality of perpetrator trauma can improve reconciliation efforts in the aftermath of mass atrocity by exposing the need to rehabilitate perpetrators. As importantly, recognizing perpetrator trauma erodes the all-too-common perception of perpetrators as cartoonish monsters by exposing their ordinariness and humanity. The point is not to generate sympathy for a génocidaire. But recognizing him as a person who chose to kill, and who now suffers because of it, can illuminate both the roots of his crimes and the real horror undergirding them—that perpetrators are merely people, and that any other person could do the same. In exposing these overlooked aspects of crime, this Article unsettles understandings of suffering and violence, challenges the categories of perpetrator and victim, and makes clear that the question of how to respond to mass atrocity is even more complex than we know.
Journal Article
DOES A LAWYER MAKE A DIFFERENCE? A STUDY ON THE SENTENCING OF DEATH-ELIGIBLE DRUG OFFENDERS IN CHINA
Does legal representation affect critical judicial decisions? This Article highlights a paradox at the heart of the court sentencing processes used for death-eligible drug offenders in China. On the one hand, lawyers are regarded as a staple of due process. On the other, court decisions are insensitive to the availability (whether drug offenders have access to legal assistance) and the quality (the varieties and the conditions of legal services provided by private versus court-appointed attorneys) of legal representation. I argue that this perplexing contradiction derives from the institutional alienation of criminal lawyers in China, a theory containing three main dimensions: power deficit, identity confliction, and procedural-based legitimacy. The defense lawyer has little power to determine capital drug sentencing decisions; at the same time, criminal defense lawyers are unable to fully realize themselves in their professional activities. They are used as instruments to advance bureaucratic and political interests and are therefore exposed to impoverished and instrumental relationships with judicial institutions and their own activities. This paradox--the insignificance of differences--takes place in China's non-adversarial judicial settings and its authoritarian political environment. It is differentiated but connected with a paradox between eradicating inequality and providing adequate assistance to the most marginalized defendants in adversarial criminal justice systems. This Article adopts mixed research methods, including qualitative interviews of legal professionals across China and quantitative measures based on a regression analysis of national-level (N=10,132) and provincial-specific (N=3,955) samples of court judgments.
Journal Article
Do Defense Attorney Referrals for Competence to Stand Trial Evaluations Depend on Whether the Client Speaks English or Spanish?
Criminal defense attorneys (N = 142) responded to a survey asking them to read a vignette describing a Hispanic defendant charged with assault and rate the severity of the defendant's mental illness and likelihood of referring him for an evaluation of competence to stand trial (CST). The vignettes varied in terms of whether the defendant spoke English or Spanish, and whether his mental illness symptoms were obvious or ambiguous. Overall, attorneys rated the Spanish-speaking defendant as less mentally ill than the English-speaking defendant, and were less likely to refer the Spanish-speaking defendant for a CST evaluation. Attorneys who perceived more logistical barriers to seeking a CST evaluation in their local communities were less likely to refer the defendant for a CST evaluation, but only when the defendant spoke Spanish. These findings suggest attorney decisions were influenced by language, although further research is needed to identify the mechanism of this influence.
Journal Article
Plea Bargaining outside the Shadow of Trial
Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: over confidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The oversimplified shadow-of-trial model of plea bargaining must thus be supplemented by a structural-psychological perspective. In this perspective, uncertainty, money, self-interest, and demographic variation greatly influence plea bargains. Some of these influences can be ameliorated, others are difficult to correct, but each casts light on how civil and criminal bargaining differ in important respects.
Journal Article
Complex Questions Asked by Defense Lawyers But Not Prosecutors Predicts Convictions in Child Abuse Trials
Attorneys' language has been found to influence the accuracy of a child's testimony, with defense attorneys asking more complex questions than the prosecution (Zajac & Hayne, J. Exp Psychol Appl 9:187-195, 2003; Zajac et al. Psychiatr Psychol Law, 10:199-209, 2003). These complex questions may be used as a strategy to influence the jury's perceived accuracy of child witnesses. However, we currently do not know whether the complexity of attorney's questions predict the trial outcome. The present study assesses whether the complexity of questions is related to the trial outcome in 46 child sexual abuse court transcripts using an automated linguistic analysis. Based on the complexity of defense attorney's questions, the trial verdict was accurately predicted 82.6% of the time. Contrary to our prediction, more complex questions asked by the defense were associated with convictions, not acquittals.
Journal Article
Decrements in Miranda Abilities
Programmatic research has made important advances during the last decade in understanding how cognitive and psychological variables affect Miranda comprehension and reasoning. However, the effects of situational stressors are largely overlooked in determining the validity of Miranda waivers. As the first systematic investigation, this study uses a 2 × 2 × 2 factorial design on 123 undergraduate participants to examine the effects of being apprehended via a mock crime (i.e., stealing a watch from a Plexiglas case) paradigm on Miranda comprehension and reasoning. Besides the mock-crime condition, the mode of advisement (oral or written) and the length of the warning (124 vs. 228 words) were also investigated. When compared to controls, the mock-crime scenario produced moderate to large effects (ds from .58 to .75) on both Miranda recall and subsequent reasoning. In addition, oral advisements resulted in non-significant trend for decrements in Miranda recall. No main effects were observed for length and no significant interactions were found.
Interestingly, specific components (e.g., right to counsel and free legal services) were generally more affected than the more familiar first two components (i.e., right to silence and evidence against you). Within the crime-scenario condition, participants with substantially increased state anxiety predictably performed more poorly than those participants whose state anxiety remained relatively stable. Directions for future research and the implications of these findings on our understanding of Miranda abilities are discussed.
Journal Article