免罪后:污名化与冤案调查

Òscar Molina, Adina M. Thompson, Lora M Levett
{"title":"免罪后:污名化与冤案调查","authors":"Òscar Molina, Adina M. Thompson, Lora M Levett","doi":"10.1037/e669802012-174","DOIUrl":null,"url":null,"abstract":"ABSTRACT (1) To date, the Innocence Project has worked to exonerate over 280 individuals who were wrongfully convicted. (2) As the population of exonerees grows, there is a need to examine the social consequences of wrongful conviction. Previous research has demonstrated that individuals who are paroled from prison are discriminated against and stigmatized, and this research has suggested that exonerees may be stigmatized in a similar manner. (3) Using correspondence bias as a theoretical framework, we examined this possibility through two separate studies. In Study One, participants read a newspaper article about either an exoneree or a guilty individual. (4) In Study Two, participants read a newspaper article about either an exoneree, guilty, or average individual. (5) We found that the guilty individual was generally stigmatized more than the exonerated. However, the exonerated were rated at or near the midpoint of the scale on some measures of stigma in Study One, indicating they may experience some stigma. In Study Two, we found the exonerated individual was stigmatized relative to the average individual on most measures of personal characteristics. However, the exonerated individual was not stigmatized on other measures relative to the average individual. The implications of these results, future directions for research, and policy recommendations are discussed below. I. AFTER EXONERATION: AN INVESTIGATION OF STIGMA AND WRONGFULLY CONVICTED PERSONS In 1989, Gary Dotson became the first person to be exonerated in the United States through the use of DNA evidence. (6) Dotson was incarcerated for more than a decade prior to his exoneration (7) and with his case, a new innocence movement was born. (8) In the years since Dotson's exoneration, DNA evidence has exonerated over 280 individuals of crimes they did not commit. (9) Seventeen of these exonerated individuals had been convicted of first-degree murder and were sentenced to death. (10) Others were exonerated of violent crimes such as rape and assault. (11) These exonerations may represent only a small proportion of all wrongful convictions, which some scholars have estimated to be in the tens of thousands. (12) Other scholars suggest that wrongful convictions occur in between one and fifteen percent of all cases. (13) To date, most research dealing with wrongful conviction has examined why these mistakes occur (14) and how to compensate those who have been wrongfully convicted. (15) Other research has investigated the psychological effects of wrongful conviction from the perspective of the exonerated, (16) but to date, only one study has examined the social consequences exonerees may experience as a result of their wrongful convictions by examining societal perceptions of the exonerated. (17) The present research expands the literature on the stigma of wrongful conviction by examining how people perceive exonerees after release. Using social psychological theory on attribution to inform our research, we consider the stigma levied upon exonerees as compared to that upon parolees, and introduce crime type as a possible moderator of stigma. II. INITIAL EVIDENCE FOR EXONEREE STIGMATIZATION Though little research to date has examined exoneree stigma through an empirical lens, there has been considerably more work that explores exoneree stigma through an anecdotal framework. Some accounts suggest that people may be uncomfortable working alongside exonerees. (18) One exoneree reports that the women at his workplace told their supervisor they were uncomfortable working alongside him because he had been convicted, albeit exonerated, of rape. (19) Other anecdotal evidence suggests that community members are not willing to readily accept exonerees back into the communities from which they were originally arrested. (20) Another exoneree reported that upon returning to his hometown he was harassed and ridiculed, and once found the words \"child killer\" etched into the dirt on his truck. …","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"75 1","pages":"1373"},"PeriodicalIF":0.0000,"publicationDate":"2012-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"27","resultStr":"{\"title\":\"After Exoneration: An Investigation of Stigma and Wrongfully Convicted Persons\",\"authors\":\"Òscar Molina, Adina M. Thompson, Lora M Levett\",\"doi\":\"10.1037/e669802012-174\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT (1) To date, the Innocence Project has worked to exonerate over 280 individuals who were wrongfully convicted. (2) As the population of exonerees grows, there is a need to examine the social consequences of wrongful conviction. Previous research has demonstrated that individuals who are paroled from prison are discriminated against and stigmatized, and this research has suggested that exonerees may be stigmatized in a similar manner. (3) Using correspondence bias as a theoretical framework, we examined this possibility through two separate studies. In Study One, participants read a newspaper article about either an exoneree or a guilty individual. (4) In Study Two, participants read a newspaper article about either an exoneree, guilty, or average individual. (5) We found that the guilty individual was generally stigmatized more than the exonerated. However, the exonerated were rated at or near the midpoint of the scale on some measures of stigma in Study One, indicating they may experience some stigma. In Study Two, we found the exonerated individual was stigmatized relative to the average individual on most measures of personal characteristics. However, the exonerated individual was not stigmatized on other measures relative to the average individual. The implications of these results, future directions for research, and policy recommendations are discussed below. I. AFTER EXONERATION: AN INVESTIGATION OF STIGMA AND WRONGFULLY CONVICTED PERSONS In 1989, Gary Dotson became the first person to be exonerated in the United States through the use of DNA evidence. (6) Dotson was incarcerated for more than a decade prior to his exoneration (7) and with his case, a new innocence movement was born. (8) In the years since Dotson's exoneration, DNA evidence has exonerated over 280 individuals of crimes they did not commit. (9) Seventeen of these exonerated individuals had been convicted of first-degree murder and were sentenced to death. (10) Others were exonerated of violent crimes such as rape and assault. (11) These exonerations may represent only a small proportion of all wrongful convictions, which some scholars have estimated to be in the tens of thousands. (12) Other scholars suggest that wrongful convictions occur in between one and fifteen percent of all cases. (13) To date, most research dealing with wrongful conviction has examined why these mistakes occur (14) and how to compensate those who have been wrongfully convicted. (15) Other research has investigated the psychological effects of wrongful conviction from the perspective of the exonerated, (16) but to date, only one study has examined the social consequences exonerees may experience as a result of their wrongful convictions by examining societal perceptions of the exonerated. (17) The present research expands the literature on the stigma of wrongful conviction by examining how people perceive exonerees after release. Using social psychological theory on attribution to inform our research, we consider the stigma levied upon exonerees as compared to that upon parolees, and introduce crime type as a possible moderator of stigma. II. INITIAL EVIDENCE FOR EXONEREE STIGMATIZATION Though little research to date has examined exoneree stigma through an empirical lens, there has been considerably more work that explores exoneree stigma through an anecdotal framework. Some accounts suggest that people may be uncomfortable working alongside exonerees. (18) One exoneree reports that the women at his workplace told their supervisor they were uncomfortable working alongside him because he had been convicted, albeit exonerated, of rape. (19) Other anecdotal evidence suggests that community members are not willing to readily accept exonerees back into the communities from which they were originally arrested. (20) Another exoneree reported that upon returning to his hometown he was harassed and ridiculed, and once found the words \\\"child killer\\\" etched into the dirt on his truck. …\",\"PeriodicalId\":79773,\"journal\":{\"name\":\"Albany law review\",\"volume\":\"75 1\",\"pages\":\"1373\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2012-03-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"27\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Albany law review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1037/e669802012-174\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Albany law review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1037/e669802012-174","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 27

摘要

摘要(1)迄今为止,“无罪项目”已经为280多名被错误定罪的人平反。随着被判无罪的人数的增加,有必要研究错误定罪的社会后果。先前的研究表明,从监狱假释出来的人会受到歧视和侮辱,而这项研究表明,被无罪释放的人可能会以类似的方式受到侮辱。(3)以对应偏差为理论框架,我们通过两个独立的研究来检验这种可能性。在第一项研究中,参与者读了一篇关于无罪或有罪个人的报纸文章。在研究二中,参与者阅读一篇关于无罪者、有罪者或普通人的报纸文章。我们发现,有罪的人通常比无罪的人受到更多的侮辱。然而,在研究一中,被判无罪的人在一些耻辱感的测量上被评为或接近中点,这表明他们可能会经历一些耻辱感。在研究二中,我们发现,与一般人相比,被无罪释放的人在大多数个人特征方面都受到了侮辱。然而,与一般人相比,被无罪释放的人在其他方面并没有受到侮辱。下面将讨论这些结果的含义、未来的研究方向和政策建议。1989年,加里·多森(Gary Dotson)成为美国第一个通过使用DNA证据而被宣告无罪的人。多森在被无罪释放前被监禁了十多年,随着他的案子,一场新的无罪运动诞生了。(8)在多森被免罪后的几年里,DNA证据证明了280多人没有犯下的罪行。(9)这些无罪的人中有17人被判一级谋杀罪,并被判处死刑。(10)其他人被免除强奸和殴打等暴力罪行。(11)这些免罪可能只占所有错误定罪的一小部分,一些学者估计有数万起。(12)其他学者认为,在所有案件中,错判的发生率在1%到15%之间。迄今为止,大多数关于错判的研究都研究了这些错误发生的原因以及如何赔偿那些被错判的人。(15)其他研究从无罪者的角度调查了错误定罪的心理影响,(16)但迄今为止,只有一项研究通过调查社会对无罪者的看法,调查了无罪者因错误定罪而可能经历的社会后果。(17)本研究通过考察人们在释放后如何看待被无罪释放的人,扩展了有关错误定罪耻辱的文献。运用社会心理学归因理论为研究提供信息,我们考虑了对无罪犯和假释犯施加的污名,并引入犯罪类型作为污名的可能调节因素。2尽管迄今为止很少有研究通过经验的视角来研究外受者的耻辱感,但通过轶事框架来探索外受者耻辱感的工作已经相当多。一些报道表明,人们可能会对与无罪囚犯一起工作感到不舒服。(18)一名被无罪释放的人报告说,他工作场所的妇女告诉她们的主管,她们不愿意和他一起工作,因为他被判犯有强奸罪,尽管他被无罪释放。(19)其他轶事证据表明,社区成员不愿意轻易接受被无罪释放的人回到他们最初被捕的社区。(20)另一名无罪犯报告说,他回到家乡后受到骚扰和嘲笑,有一次发现他的卡车上的泥土上刻着“儿童杀手”的字样。…
本文章由计算机程序翻译,如有差异,请以英文原文为准。
After Exoneration: An Investigation of Stigma and Wrongfully Convicted Persons
ABSTRACT (1) To date, the Innocence Project has worked to exonerate over 280 individuals who were wrongfully convicted. (2) As the population of exonerees grows, there is a need to examine the social consequences of wrongful conviction. Previous research has demonstrated that individuals who are paroled from prison are discriminated against and stigmatized, and this research has suggested that exonerees may be stigmatized in a similar manner. (3) Using correspondence bias as a theoretical framework, we examined this possibility through two separate studies. In Study One, participants read a newspaper article about either an exoneree or a guilty individual. (4) In Study Two, participants read a newspaper article about either an exoneree, guilty, or average individual. (5) We found that the guilty individual was generally stigmatized more than the exonerated. However, the exonerated were rated at or near the midpoint of the scale on some measures of stigma in Study One, indicating they may experience some stigma. In Study Two, we found the exonerated individual was stigmatized relative to the average individual on most measures of personal characteristics. However, the exonerated individual was not stigmatized on other measures relative to the average individual. The implications of these results, future directions for research, and policy recommendations are discussed below. I. AFTER EXONERATION: AN INVESTIGATION OF STIGMA AND WRONGFULLY CONVICTED PERSONS In 1989, Gary Dotson became the first person to be exonerated in the United States through the use of DNA evidence. (6) Dotson was incarcerated for more than a decade prior to his exoneration (7) and with his case, a new innocence movement was born. (8) In the years since Dotson's exoneration, DNA evidence has exonerated over 280 individuals of crimes they did not commit. (9) Seventeen of these exonerated individuals had been convicted of first-degree murder and were sentenced to death. (10) Others were exonerated of violent crimes such as rape and assault. (11) These exonerations may represent only a small proportion of all wrongful convictions, which some scholars have estimated to be in the tens of thousands. (12) Other scholars suggest that wrongful convictions occur in between one and fifteen percent of all cases. (13) To date, most research dealing with wrongful conviction has examined why these mistakes occur (14) and how to compensate those who have been wrongfully convicted. (15) Other research has investigated the psychological effects of wrongful conviction from the perspective of the exonerated, (16) but to date, only one study has examined the social consequences exonerees may experience as a result of their wrongful convictions by examining societal perceptions of the exonerated. (17) The present research expands the literature on the stigma of wrongful conviction by examining how people perceive exonerees after release. Using social psychological theory on attribution to inform our research, we consider the stigma levied upon exonerees as compared to that upon parolees, and introduce crime type as a possible moderator of stigma. II. INITIAL EVIDENCE FOR EXONEREE STIGMATIZATION Though little research to date has examined exoneree stigma through an empirical lens, there has been considerably more work that explores exoneree stigma through an anecdotal framework. Some accounts suggest that people may be uncomfortable working alongside exonerees. (18) One exoneree reports that the women at his workplace told their supervisor they were uncomfortable working alongside him because he had been convicted, albeit exonerated, of rape. (19) Other anecdotal evidence suggests that community members are not willing to readily accept exonerees back into the communities from which they were originally arrested. (20) Another exoneree reported that upon returning to his hometown he was harassed and ridiculed, and once found the words "child killer" etched into the dirt on his truck. …
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信