Asymmetries in Prior Conviction Reasoning: Truth Suppression Effects in Child Protection Contexts

Psychology, Crime, & Law, Vol. 16, Issue 3, Jan/Feb 2010

22 Pages Posted: 14 Oct 2013 Last revised: 4 Jan 2021

See all articles by Michelle B. Cowley-Cunningham

Michelle B. Cowley-Cunningham

Royal Statistical Society; University of Oxford

Juliette Colyer

University of Plymouth

Date Written: October 31, 2008

Abstract

In three empirical studies we examined how people reason about prior convictions in child abuse cases. We tested whether the disclosure of similar prior convictions prompts a mental representation or an additive probative value (Criminal Justice Act, 2003). Asymmetrical use of similar priors were observed in three studies. A pilot study showed that disclosure of a second prior did not contribute a weight equivalent to that of the first disclosure. Study 1 showed jurors did not see left-handed evidence (i.e. matching victim bruising) as more indicative of guilt than right-handedness unless a prior conviction was present, and the presence of priors suppressed the generation of alternative possibilities indicative of innocence. Study 2 showed that disclosure did not decrease community ratings of reoffending propensity and dangerousness as much as a similar prior conviction increased them. We consider the results in the context of a new psychological theory of prior conviction bias and the consequences for the implementation of Section 100 of the Criminal Justice Act (2003).

Suggested Citation

Cowley-Cunningham, Michelle B. and Colyer, Juliette, Asymmetries in Prior Conviction Reasoning: Truth Suppression Effects in Child Protection Contexts (October 31, 2008). Psychology, Crime, & Law, Vol. 16, Issue 3, Jan/Feb 2010, Available at SSRN: https://ssrn.com/abstract=2339476

Michelle B. Cowley-Cunningham (Contact Author)

Royal Statistical Society ( email )

NCFB
Dublin
Ireland

University of Oxford ( email )

CSLS
Oxford
United Kingdom

Juliette Colyer

University of Plymouth ( email )

Drake Circus
Plymouth, PL4 8AA
United Kingdom

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