案件无关情绪和案件相关情绪对法官量刑决策影响的实验研究  

Case-unrelated Emotion and Case-related Emotion Influence Penalty Measurement Decision Making: An Experimental Research

作　　者：李婕[1] 马皑[2] 罗大华[3] 

机构地区：[1]中国政法大学刑事司法学院,北京100088 [2]中国政法大学社会学院,北京100088 [3]中国政法大学,北京100088

出　　处：《心理科学》2015年第1期196-202,共7页Journal of Psychological Science

基　　金：教育部人文社会科学研究基金项目(12YJAZH088)的资助

摘　　要：本研究通过两个模拟量刑实验,具体考察了案件无关情绪和案件相关情绪对法官量刑决策的影响。结果发现案件无关情绪显著影响法官量刑。法官在悲伤情绪下所判刑期短于中性情绪,愉悦和愤怒情绪与中性情绪下刑期无显著差异。案件相关情绪显著影响法官量刑,法官同情情绪下刑期更短,厌恶和愤怒情绪下刑期更长。性别对法官量刑无显著影响,从业时间对法官量刑无显著影响。性别和从业时间对案件无关情绪和相关情绪诱发均无显著影响。An impartial judgment is the goal of the judiciary. Whether the emotions of judges as human beings impact the way they mete out penalty or not, or what extent their judgment is impacted by their emotions, has been drawing attention from both the public and the academia. The study＇s purpose was to examine the impact of specific case-unrelated emotion and case-related emotion on Judges＇ penalty adjudication. In Experiment 1, 150 judges were recruited （8 excluded from data analysis）. They were divided into 4 groups randomly, which were sadness group, happiness group, anger group and neutral emotion group. Firstly, they watched different movie clips which induced sadness, happiness, anger and neutral emotion seperately for 5 minutes. Then, they were asked to sentence two cases： one larceny case and one rape case. Finally, they reported their gender, age and working time. The results showed： （1） In the larceny case, the effect of case-unrelated emotion was significant on judges＇ penalty measurement decision making, F（3,138）=4.731, p〈0.05. Judges with sadness emotion （M=2.3 l, SD=0.97）sentenced shorter jail time than those with neutral emotion（M=2.86, SD=0.96）, anger emotion（M=3.10, SD=0.69）and happiness emotion（M=3.00, SD=1.20）. In the rape case, the effect of case- unrelated emotion was also significant, F（3,138）=2.937, p〈0.05. Judges with sadness emotion（（M=3.30, SD=0.52）sentenced shorter jail time than those with neutral emotion（M=3.78, SD=1.20）, anger emotion（M=3.96, SD=.96）and happiness emotion（M=3.84, SD=1.27）. （2） The effect of gender and working time was not significant on judges＇ penalty measurement decision making. （3） The effect of gender and working time was not significant on case-unrelated emotion elicitation. In Experiment 2, 142 judges were recruited （7 excluded from data analysis）. They were divided into 3 groups randomly, which were sympathy group, disgust group and rage group. These 3 different groups recevied different

关 键 词：案件无关情绪 案件相关情绪 量刑 决策 性别 从业时间 

分 类 号：B842.6[哲学宗教—基础心理学]