Aug 2026· Scientific and Social Research· Vol 8, pp. 362-378· 0 citations· 34 references
Abstract
Probable cause, required by the Fourth Amendment, and reasonable suspicion, articulated by the Supreme Court in Terry v. Ohio (1968), are distinct legal standards that authorize different levels of police intrusion. Although these standards differ in legal doctrine, both rely on subjective evaluations of evidentiary sufficiency. Drawing on attribution theory and research on heuristic judgment, this study investigates how evidence type (direct vs. indirect), crime-rate context (high vs. low), and competing legal standards influence public shape evaluations of police searches. A 2 × 2 × 2 between-subjects experiment was conducted with 299 U.S. participants. The data were analyzed using a serial mediation model (PROCESS Model 6). The study finds that evidence type was the strongest predictor of search justification, perception of guilt, and likelihood of finding relevant evidence. Crime-rate context also increased support for police searches, whereas legal standards had smaller effects on search justification and perception of guilt. Serial mediation analyses showed significant indirect effects through perception of guilt and the sequential pathway through perception of guilt and likelihood of relevant evidence from the search. These findings suggest that public evaluations of police conduct are shaped by evidentiary and contextual information as well as legal standards, highlighting the role of psychological processes in legal decision-making.
The author explores concepts aimed at explaining why evidence collected in violation of personal rights should be excluded, even at the cost of the truth of the verdict. Four theories stand out: 1) the theory of disciplining investigative bodies; 2) the theory of maintaining the legitimacy of the process; 3) the theory...
This study addresses the legal uncertainty surrounding the execution and return of evidence following a judicial pardon (Rechterlijk Pardon) under Indonesia’s renewed criminal law framework. Although judicial pardon represents a shift toward restorative justice, the absence of specific prosecutorial procedures for impl...
Natasya Audrey Christin Br. Marpaung, R. Sularto· Eduvest - Journal Of Univers...· 0 citations
The primary research question is: in the event of a conflict between the judge’s knowledge and other means of proof, what are the criteria for precedence and preference, and how can a logical and fair balance be established between them? Furthermore, the question arises whether the judge’s knowledge can independently s...
F. Zeinali, Faezeh Moqtadaei, Younes Vahedyarijan· The Encyclopedia of Comparat...· 0 citations
Powerholders can be the object of great respect and admiration, but they may also be distrusted and "canceled" in the court of public opinion. This raises the question of whether power is an asset or a detriment when one is implicated in wrongdoing. Different theoretical perspectives informed competing hypotheses, sugg...
G. V. van Kleef, Seval Gündemir, Rohan L. Dunham et al.· Journal of Personality and S...· 0 citations
The principal problem in proving false testimony under oath arises when objective falsity is treated as direct evidence of the defendant’s intent. This study aims to formulate evidentiary standards for the objective elements, proof of the defendant’s culpability, the limits of criminal liability, and the structure of j...
The article analyzes the phenomenon of the inclination to blame (accusative bias) inherent in investigator activity during criminal investigation based on a comprehensive – normative, cognitive-psychological, and institutional – approach. A comparative study of modern international (“tunnel vision” and “confirmation bi...
Shohruh Mirzo Khalilov· Jurisprudence· 0 citations
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