
Contents
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Wrongful Conviction as a Person Perception Outcome Wrongful Conviction as a Person Perception Outcome
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Innocence and Increased Risk Innocence and Increased Risk
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Understanding the Phenomenology of Innocence Understanding the Phenomenology of Innocence
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Cognitive-Emotional Models of Decision-Making Cognitive-Emotional Models of Decision-Making
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Making Contact with the Innocent Making Contact with the Innocent
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Consensual Encounters Consensual Encounters
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Investigative Detentions and the Reasonable Suspicion Standard Investigative Detentions and the Reasonable Suspicion Standard
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Expectancies Expectancies
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General Expectancies: General Expectancies:
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Presumption of Guilt Presumption of Guilt
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Racial and Ethnic Stereotypes Racial and Ethnic Stereotypes
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Crime-Suspect Stereotypical Consistency Crime-Suspect Stereotypical Consistency
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Investigatory Expectancies Investigatory Expectancies
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Relationship to Victim Relationship to Victim
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Prior Criminal Record Prior Criminal Record
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Evidence Evidence
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The Self-Fulfilling Prophecy: Converting False Expectations into Convictions The Self-Fulfilling Prophecy: Converting False Expectations into Convictions
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Research Directions Research Directions
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Conclusion Conclusion
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References References
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38 First Steps on the Path to Wrongful Conviction: Phenomenology of Innocence, Police Stops, and Expectancies
Get accessMax Guyll, Arizona State University
Kyle C. Scherr, Department of Psychology, Central Michigan University
Stephanie Madon, Arizona State University
Jessica Munoz, Department of Psychology, Iowa State University
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Published:23 February 2023
Cite
Abstract
Wrongful convictions represent a grave injustice. The innocent are punished, the guilty go free, and the postmortems that attend their occasional discovery typically reveal some shocking combination of incompetence, indifference, and malfeasance. Escaping notice, however, are myriad mundane influences that usually have negligible effects but which, like a feather falling on a balance, can sometimes tip the scale. In this chapter we highlight effects that could nudge the innocent onto paths that might ultimately lead to wrongful conviction. We begin by considering how the innocent are disadvantaged by an unwarranted sense of invulnerability. Next, we explore how police encounters and investigative stops can initially entangle the innocent in a criminal investigation. We then discuss how police may come to target an innocent suspect through the effects of expectancies, both justified and unjustified, and which may or may not operate outside awareness. We conclude by discussing future research directions.
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