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Reducing Biases in Joined Criminal Offenses - Executive Summary

NCJ Number
95985
Author(s)
S Penrod; S Tanford
Date Published
Unknown
Length
22 pages
Annotation
Following a review of the legislation permitting a defendant to be tried for multiple offenses in a single trial and the arguments concerning the prejudicial effects which may arise from joinder, the results of an experiment designed to examine the effects of multiple charges using a realistic trial simulation are presented.
Abstract
It was predicted that joinder would increase the likelihood of conviction, but that the magnitude of the effect would depend on the similarity of the offenses charged, the similarity of the evidence in the offenses, and judge's instructions designed to reduce the prejudicial effects. The 732 subjects viewed videotaped trial reenactments in which the variables under study were manipulated. Results indicate that joining multiple charges increases the proportion of convictions on a target charge relative to the same charge tried by itself. Convictions increased regardless of offense similarity or evidence similarity, but showed a marginally significant tendency toward more guilty verdicts when the evidence was dissimilar. A strong set of judge's instructions had no effect on verdict judgments. Psychological, theoretical, and legal implications of these findings are discussed. Thirty-nine references are listed.