Determinants of Procedural Preferences of Post Court-Martial Military Personnel

Abstract

Male inmates imagined themselves accused of wrongful injury of another. They then evaluated their preference for use of inquisitorial, single-investigator, double-investigator, assigned-adversary, or choice-adversary procedures for adjudication of this charge. Results support previous laboratory findings of greatest preference for the choice-adversary procedure. The major correlate of inmates preferences was the extent to which a procedure was perceived to favor the defendant. Contrary to expectation, individuals familiar with the inquisitorial procedure, rather than individuals unfamiliar with it, preferred this procedure less, judged it less fair to both sides, less likely to result in a fair and just decision, and less likely to yield the best possible decision.