The impact of frequency of behavior and type of contact on judgments involving a criminal stalking case.

Abstract

We investigated mock juror perceptions of the frequency of behavior and type of contact in an ex-intimate stalking case. We used a mock-juror methodology, in which 204 community members (129 women) read a stalking trial summary, rendered a verdict, and evaluated the intent of the defendant to cause the victim fear and distress, as well as the victim's experience with these emotions. The trial varied as to whether there were 5 or 30 stalking incidents and whether the stalking involved personal contact or stalking via text message. Results showed that females were more likely to render a guilty verdict when the victim had been stalked 30 times rather than 5 times while males were equally likely to render a guilty verdict regardless of the frequency. Mock jurors were significantly more likely to render guilty verdicts in the personal contact condition than in the text message condition. Females' perceptions of the victim's fear and distress mediated the frequency of incidents x gender interaction. The victim's fear and the defendant's intentions mediated the main effect of type of contact on verdict. Cognitive network analyses showed that victim fear and the defendant's intent to cause fear were central to participant verdict decision making. We discuss these results in terms of the implications, specifically that victim fear should be a primary focus in stalking legislation.

A Focal Concerns Perspective on Prosecutorial Decision Making in Cases of Intimate Partner Stalking

“…The fear element makes sense considering that fear is a requisite reaction under Rhode Island’s stalking statute (§11-59-2). This finding is also consistent with recent studies indicating that the victim’s fear influences mock jurors’ identification of stalking (Scott et al, 2014) and assessment of culpability among stalker suspects (Magyarics et al, 2015).…”

“…A systematic understanding of how prosecutors perceive the fear standard, however, is still lacking. Previous studies have employed experimental vignettes among mock jurors where the degree of fear exhibited in hypothetical stalking scenarios was manipulated (Magyarics et al, 2015; Scott et al, 2014). Future studies could thus apply this methodology to law enforcement and courtroom workgroups (i.e., prosecutors, defense attorneys, and judges) using text vignettes (Lehmann et al, 2019), simulated interviews with standardized patient actors (Milone et al, 2010), and/or role-playing scenarios (Hine et al, 2019).…”

Great Sexpectations: The Impact of Participant Gender, Defendant Desirability, and Date Cost on Attributions of a Date Rape Victim and Defendant

“…We used a 10-point scale (1 = not at all , 10 = completely ) for all trial ratings. These trial ratings were adapted from previous mock juror research (e.g., Golding et al, 2016; Lynch et al, 2013; Magyarics et al, 2015; Wasarhaley et al, 2017).…”

The Impact of Applicants’ Weight and Education About Obesity on Applicant Ratings

“…In other studies, researchers have developed more nuanced measures, using scales specific to the topics, crime scenarios, or types of defendants under examination. For example, Crosby, Britner, Jodl, and Portwood (1995) used a 6item Question naire on the Culpability of Juvenile Offenders in Capital Cases in addition to a sentencing item; Magyarics, Lynch, Golding, and Lippert (2015) created a 6item Victim Fear and Distress subscale and a 5item Defendant Intent to Cause Fear and Distress subscale to measure reactions specific to criminal stalking in addition to a measure of guilt. CôtéLussier (2016) examined perceptions of criminals in general, without reference to specific defendants, using a 6item scale assessing percep tions of criminal competitiveness and social status, 10 items measuring views of criminal competence and warmth, a set of 24 items measuring emotional response toward criminals, and 3 items on societal punitiveness.…”