Societal definitions of intimate partner violence (IPV) are highly gendered and heteronormative, resulting in dissonance regarding cases of same-sex IPV. This study explored perceptions of IPV when the context of the case is inconsistent with societal norms regarding sex and sexuality. Mock jurors read a vignette describing a case of alleged IPV in which the sex and sexual orientation of the defendant were manipulated. Participants (N = 415) rendered a verdict and provided ratings of the defendant, victim, and case. Results suggest participants were more confident in a guilty verdict when the defendant was male, compared to female. Further, male defendants were perceived as more morally responsible, but only when the victim was female. Perceptions regarding the crime suggest violence perpetrated by a man against a woman is viewed more adversely than any other condition. Data are discussed in terms of implications for legal decision-makers and public policy.
Access to and use of social media has increased throughout the United States. In parallel, information gleaned from social media is often available as part of discovery packets provided to clinicians conducting forensic evaluations. As social media continues to be a primary mode of communication, forensic evaluators are likely to grapple with decisions to use information from these sites to inform psycholegal opinions. However, professional commentary on obtaining, interpreting, and integrating data from social networking sites (SNSs) in forensic practice began only recently. There have been few empirical efforts thus far to better understand whether and how forensic mental health evaluators use SNSs to inform their opinions about various psycholegal issues. Thus, the current study sought to address this gap in the professional literature by surveying practicing forensic evaluators (N ϭ 102) regarding their use of SNS data in civil and criminal legal contexts. Quantitative and qualitative findings from our survey are presented and discussed to provide an overview of current practices and concerns among forensic clinicians. Overall, SNSs are used with some frequency in forensic mental health assessments and are generally perceived as a useful source. Findings are integrated with previous professional commentary about Internet-based data to facilitate greater understanding of how SNS data may be best incorporated into assessments and to identify emergent legal and ethical issues when such data are included.
In the United States, prosecutors are typically allotted a large amount of discretion when litigating a criminal case. Although some level of discretion is necessary for various reasons (e.g., lack of resources), concerns have arisen in both scholarly and popular discourse that prosecutorial discretion remains generally unchecked. Furthermore, research suggests prosecutors may be influenced by extralegal factors when making decisions about how to proceed with criminal charges. In this study, prosecutors responded to a case of alleged intimate partner violence, in which the sex and sexual orientation of the defendant and victim were manipulated. Neither sex nor sexual orientation impacted prosecutor choice to proceed with charges, the severity of the charge selected, or the harshness of the plea bargain offered. However, prosecutors were more willing to proceed without the victim’s cooperation when the victim was female and perceived heterosexual males as more aggressive than heterosexual females. These data suggest prosecutorial decision making in cases of intimate partner violence may not be unduly influenced by defendant/victim sex and sexual orientation.
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