Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd Jan 2011

Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd

Reid G. Fontaine

Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that ...


New Developments In Developmental Research On Social Information Processing And Antisocial Behavior, Reid G. Fontaine Jan 2010

New Developments In Developmental Research On Social Information Processing And Antisocial Behavior, Reid G. Fontaine

Reid G. Fontaine

The Special Section on developmental research on social information processing (SIP) and antisocial behavior is here introduced. Following a brief history of SIP theory, comments on several themes—measurement and assessment, attributional and interpretational style, response evaluation and decision, and the relation between emotion and SIP—that tie together four new empirical investigations are provided. Notable contributions of these studies are highlighted.


In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, Reid G. Fontaine Jan 2010

In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, Reid G. Fontaine

Reid G. Fontaine

This is a rejoinder to Professor Corrado in the upcoming special section of the American Criminal Law Review on the nature, structure, and function of self-defense and defense of others law.


Does Response Evaluation And Decision (Red) Mediate The Relation Between Hostile Attributional Style And Antisocial Behavior In Adolescence?, Reid G. Fontaine Jan 2010

Does Response Evaluation And Decision (Red) Mediate The Relation Between Hostile Attributional Style And Antisocial Behavior In Adolescence?, Reid G. Fontaine

Reid G. Fontaine

The role of hostile attributional style (HAS) in antisocial development has been well-documented. We analyzed longitudinal data on 585 youths (48% female; 19% ethnic minority) to test the hypothesis that response evaluation and decision (RED) mediates the relation between HAS and antisocial behavior in adolescence. In Grades 10 and 12, adolescent participants and their parents reported participants’ antisocial conduct. In Grade 11, participants were asked to imagine themselves in videotaped ambiguous-provocation scenarios. Segment 1 of each scenario presented an ambiguous provocation, after which participants answered HAS questions. In segment 2, participants were asked to imagine themselves responding aggressively to the ...


Social Information Processing And Aggressive Behavior: A Transactional Perspective, Reid G. Fontaine, Kenneth A. Dodge Jan 2009

Social Information Processing And Aggressive Behavior: A Transactional Perspective, Reid G. Fontaine, Kenneth A. Dodge

Reid G. Fontaine

Chapter has no abstract


On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held Jan 2009

On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held

Reid G. Fontaine

A “cultural defense” to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the external imposition of values—the purported aim of the cultural defense—because a cultural standard is, at its core, an external standard imposed onto an individual. The pluralist argument for a cultural defense also fails on its own terms—after all, justice systems are themselves cultural institutions. Furthermore, a defendant’s background is already accounted for at sentencing. The closest thing to a cultural defense that a court could adopt ...


The Wrongfulness Of Wrongly Interpreting Wrongfulness: Provocation Interpretational Bias And Heat Of Passion Homicide, Reid G. Fontaine Jan 2009

The Wrongfulness Of Wrongly Interpreting Wrongfulness: Provocation Interpretational Bias And Heat Of Passion Homicide, Reid G. Fontaine

Reid G. Fontaine

In U.S. criminal law, a defendant charged with murder can invoke the heat of passion defense, an affirmative, partial-excuse defense so that he may be instead found guilty of the lesser crime of manslaughter. This defense requires the defendant to demonstrate that he was significantly provoked and, as a direct result of the provocation, became extremely emotionally disturbed and committed the killing while in this uncontrolled emotional state. In this way, the law makes a partial allowance for emotional dysfunction—the wrongfulness of the homicide is mitigated when the emotionally charged reactivity restricts the actor’s capacity for rational ...


Development Of Response Evaluation And Decision (Red) And Antisocial Behavior In Childhood And Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, Gregory S. Pettit, John E. Bates Jan 2009

Development Of Response Evaluation And Decision (Red) And Antisocial Behavior In Childhood And Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, Gregory S. Pettit, John E. Bates

Reid G. Fontaine

Using longitudinal data on 585 youths (48% female; 17% African American, 2% other ethnic minority), the authors examined the development of social response evaluation and decision (RED) across childhood (Study 1; kindergarten through Grade 3) and adolescence (Study 2; Grades 8 and 11). Participants completed hypothetical-vignette-based RED assessments, and their antisocial behaviors were measured by multiple raters. Structural equation modeling and linear growth analyses indicated that children differentiate alternative responses by Grade 3, but these RED responses were not consistently related to antisocial behavior. Adolescent analyses provided support for a model of multiple evaluative domains of RED and showed strong ...


On-Line Social Decision Making And Antisocial Behavior: Some Essential But Neglected Issues, Reid G. Fontaine Jan 2008

On-Line Social Decision Making And Antisocial Behavior: Some Essential But Neglected Issues, Reid G. Fontaine

Reid G. Fontaine

The last quarter century has witnessed considerable progress in the scientific study of social information processing (SIP) and aggressive behavior in children. SIP research has shown that social decision making in youth is particularly predictive of antisocial behavior, especially as children enter and progress through adolescence. In furtherance of this research, more sophisticated, elaborate models of on-line social decision making have been developed, by which various domains of evaluative judgment are hypothesized to account for both responsive decision making and behavior, as well as self-initiated, instrumental functioning. However, discussions of these models have neglected a number of key issues. In ...


Social Information Processing And Cardiac Predictors Of Adolescent Antisocial Behavior, Reid G. Fontaine Jan 2008

Social Information Processing And Cardiac Predictors Of Adolescent Antisocial Behavior, Reid G. Fontaine

Reid G. Fontaine

The relations among social information processing (SIP), cardiac activity, and antisocial behavior were investigated in adolescents over a 3-year period (from ages 16 to 18) in a community sample of 585 (48% female, 17% African American) participants. Antisocial behavior was assessed in all 3 years. Cardiac and SIP measures were collected between the first and second behavioral assessments. Cardiac measures assessed resting heart rate (RHR) and heart rate reactivity (HRR) as participants imagined themselves being victimized in hypothetical provocation situations portrayed via video vignettes. The findings were moderated by gender and supported a multiprocess model in which antisocial behavior is ...