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Article
IS MISS SYMPATHY A CREDIBLE DEFENDANT ALLEGING INTIMATE PARTNER VIOLENCE IN A TRIAL FOR MURDER?

Authors: Antonio Herrera --- Inmaculada Valor-Segura --- Francisca Expósito
Journal: European Journal of Psychology Applied to Legal Context ISSN/EISSN: 18891861 19894007 Year: 2012 Volume: 4 Issue: 2 Pages: 179-196
Publisher: Sociedad Española de Psicologia Jurídica y Forense

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Abstract

Current research has postulated that judicial inferencing and judgement-making are subject to biased appraisals. This study assessed the factors reported in the literature associated to the appraisal of criminality in a mock case of a battered woman standing trial for murdering her husband, and who pleaded legitimate self-defence in response to an instance of intimate partner violence. A nationwide sample of 169 police officers from different cities in Spain freely volunteered to participate in the study. Using a mock trial design, the defendant´s prototypicality (prototypical vs. non-prototypical), and physical attractiveness (attractive vs. unattractive) were manipulated. Participants were required to assess the criminality (credibility, responsibility, and controllability) of a battered woman accused of murdering her husband, and who alleged legitimate self-defence in response to an incident of intimate partner violence. The results showed that a defendant perceived as the prototype of a battered woman was judged as having less or no control of the situation; physical attractiveness increased the perception of the defendant´s responsibility in committing the crime; and an interaction between prototypicality and attractiveness in assigning credibility to the defendant´s testimony. Moreover, hostile sexism mediated the relationship between the defendant´s prototypicality and controllability. The results are discussed in terms of their implications for judicial judgement making in cases of battered women who kill their aggressors.

Keywords

intimate partner violence --- criminality --- prototypicality --- attractiveness --- sexism.

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