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Articles 1 - 14 of 14
Full-Text Articles in Law
Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan
Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan
Research outputs 2014 to 2021
In relation to the admissibility of evidence obtained using projective personality tests arose in F v. Bevándorlási és Állampolgársági Hivatam (2018). The Court of Justice of the European Union has held that an expert’s report can only be accepted if it is based on the international scientific community’s standards, but has refrained from stipulating what these standards are. It appears timely for European psychologists to decide what standards should be applied to determine whether or not a test is appropriate for psycholegal use. We propose standards and then apply them to the Rorschach because it was used in this case …
To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle
To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle
Master’s Theses and Projects
United States military veterans are a special population of men and women that have willingly sacrificed their lives to serve their country. They are perceived to be patriotic, honorable, strong, and disciplined people. Unfortunately, veterans are not exempt from committing criminal acts that land them in the criminal justice system. In fact, veterans are highly susceptible to developing mental illnesses and substance use disorders which can ultimately lead to criminal behavior. The purpose of this study was to examine to what extent available resources are provided to veterans to help them prevent contact with the criminal justice system. This study …
What Makes A Good Judge?, Brian M. Barry
What Makes A Good Judge?, Brian M. Barry
Reports
This article overviews research demonstrating the factors beyond the law that can affect judicial decision-making.
Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique
Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique
Scripps Senior Theses
Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without …
Doctrinal Reasoning As A Disruptive Practice, Jessie Allen
Doctrinal Reasoning As A Disruptive Practice, Jessie Allen
Articles
Legal doctrine is generally thought to contribute to legal decision making only to the extent it determines substantive results. Yet in many cases, the available authorities are indeterminate. I propose a different model for how doctrinal reasoning might contribute to judicial decisions. Drawing on performance theory and psychological studies of readers, I argue that judges’ engagement with formal legal doctrine might have self-disrupting effects like those performers experience when they adopt uncharacteristic behaviors. Such disruptive effects would not explain how judges ultimately select, or should select, legal results. But they might help legal decision makers to set aside subjective biases.
Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen
Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen
Book Chapters
Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …
Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank
Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank
Department of Psychology: Faculty Publications
Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a …
Lgbtq Experiences With The Courts: The Role Of Gender Nonconformity And Assertiveness, Alexis Forbes
Lgbtq Experiences With The Courts: The Role Of Gender Nonconformity And Assertiveness, Alexis Forbes
Dissertations, Theses, and Capstone Projects
Using lesbian, gay, bisexual, transgender, and queer (LGBTQ) and non-LGBTQ participants, a pair of studies explored the influence of LGBTQ identity and gender nonconformity (GNC) in experiences of discrimination in court settings. A one-way ANOVA tested whether LGBTQ participants were more likely to score low on the treatment in court scale. Additionally, two separate multiple regression analyses tested whether high scores on the Gender Nonconformity Scale (GNCS; Forbes & Nadal, under review), were associated with low scores on a measure of treatment in court. It was discovered that LGBTQ identity did not have a statistically significant effect on factor in …
The Truth-Justice Tradeoff: Perceptions Of Decisional Accuracy And Procedural Justice In Adversarial And Inquisitorial Legal Systems, Justin Sevier
The Truth-Justice Tradeoff: Perceptions Of Decisional Accuracy And Procedural Justice In Adversarial And Inquisitorial Legal Systems, Justin Sevier
Scholarly Publications
Two studies provide empirical support for Thibaut and Walker’s (1978) theory that inquisitorial and adversarial dispute resolution systems are associated with different psychological values: the pursuit of truth and the pursuit of justice. Study 1 suggests that, in civil and criminal disputes, the adversarial system is perceived to produce less truth than it does justice, and less truth than does the inquisitorial system. Conversely, the inquisitorial system is perceived to produce less justice than it does truth, and less justice than does the adversarial system. Study 2 examines how legal outcomes moderate litigants’ perceptions of the truth and justice produced …
Seeing The Forest Through The Trees: Thinking Critically About Mental Health Courts, John A. Bozza
Seeing The Forest Through The Trees: Thinking Critically About Mental Health Courts, John A. Bozza
John A Bozza
The almost universal acceptance of the problem-solving court concept by both the courts and the academic community provides a good example of the hazards of the bandwagon effect on the de-velopment of public policy. The proponents of therapeutic juris-prudence have successfully promoted the adoption of these pro-grams by repeating and then having others repeat a mantra of success that grossly belies reality and ignores the compelling is-sues they raise. Not surprisingly, this has led to the develop-ment of an extensive bureaucracy fueled almost entirely by fed-eral money and encouraged by cheerleaders entrenched in the self-serving subculture of therapeutic jurisprudence. Unfortunately, …
On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank
On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank
All Faculty Scholarship
In this paper, which was prepared to help set the stage at an interdisciplinary conference held at the University of Indiana (Bloomington) in March, I first briefly review what I take to be the key events and developments in the history of the study of judicial behavior in legal scholarship, with attention to corresponding developments in political science. I identify obstacles to cooperation in the past – such as indifference, professional self-interest and methodological imperialism -- as well as precedents for cross-fertilization in the future. Second, drawing on extensive reading in the political science and legal literatures concerning judicial behavior, …
"Let's Do The Time Warp Again": Assessing The Competence Of Counsel In Mental Health Conservatorship Proceedings, Grant H. Morris
"Let's Do The Time Warp Again": Assessing The Competence Of Counsel In Mental Health Conservatorship Proceedings, Grant H. Morris
Grant H Morris
Thirty years ago, I wrote an article on mental health conservatorships in California and the role of counsel for persons for whom a conservatorship has been proposed. Data was gathered on the performance of attorneys in court hearings conducted in San Diego County Superior Court. The data revealed that lawyers representing proposed conservatees were inactive and ineffective in representing their clients’ interests. The lawyers did not consider themselves advocates in an adversary process in which conservatorship was to be avoided. A year after the article was published, the California Supreme Court, citing that article as authority for the “paternalistic attitude” …
Rhode Island Family Court And The Best Interests Of Children, Alexandra Arnold
Rhode Island Family Court And The Best Interests Of Children, Alexandra Arnold
Senior Honors Projects
With the continuous rise of the divorce rate in America, there is also an increase in the number of children and adolescents who must suffer through the divorce along with their parents. For some, the divorce is a relief and can be a positive change in their lives. For others, it is difficult and devastating, filled with conflict and tension. Whatever the circumstances, there are permanent effects that children experience as a result of their parents’ divorce. These effects of divorce on children are becoming better known as generations of children grow up in a single parent home. The court …
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
All Faculty Scholarship
No abstract provided.