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Cognitions, Attitudes and Decision-Making in Search and Seizure Cases

NCJ Number
112139
Journal
Journal of Applied Social Psychology Volume: 18 Issue: 2 Dated: (February 1988) Pages: 93-113
Author(s)
J D Casper; K Benedict; J R Kelly
Date Published
1988
Length
21 pages
Annotation
This study investigated juror decisionmaking in a search-and-seizure context -- specifically, the viability of a tort remedy in deterring police from illegal searches.
Abstract
Within the context of a civil rights suit seeking damages against police for an illegal search, 377 undergraduate students were presented with search scenarios with 1 of 3 endings: drugs were found during the search (guilty outcome knowledge), no evidence was found (not guilty outcome), and no mention was made of the outcome of the search (neutral condition). To assess the influence of hindsight bias, attitudes, and cognitive schemes, subjects were administered a questionnaire containing recall and interpretation items, measures of political values and attitudes toward police and criminal justice, and a damage judgment. The results show that knowledge of the outcome of the search influenced damage judgments so that a guilty outcome led to lower damage awards than either the not guilty or neutral outcomes. Outcome knowledge also influenced reconstruction of the events in the scenario, with a guilty outcome leading to a distortion of information in the direction of incriminating the defendant. In addition, well-organized and coherent ideological belief systems were found to exert an independent influence on both awards and reconstruction of events. 21 references, 1 table, and 3 figures. (Author abstract modified)