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Full-Text Articles in Law and Psychology

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones Aug 2023

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to …


Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan Feb 2023

Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan

Georgetown Law Faculty Publications and Other Works

Decades of social science research has shown that the identity of criminal defendants and alleged victims often affects case outcomes. Parties’ race, gender, class, and age affect decisions of prosecutors, judges, juries, and other actors in the criminal system. Less studied has been how identity might affect other forms of legal regulation. This essay begins to explore how parties’ gender might figure into legal decisionmakers’ responses to deceptive behavior. More specifically, we explore the hypothesis that ordinary people tend to perceive deception of women as more wrongful than deception of men, and that such perceptions can affect both case outcomes …


Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases, Kara Cato Jan 2023

Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases, Kara Cato

CMC Senior Theses

Past psychological research has indicated that pretrial publicity has a significant impact on jury decision-making (Shniderman, 2013). This current review aims to expand on past research by investigating the social influence of pretrial publicity on juror biases. The effects of pretrial publicity on juror biases are examined through three mechanisms of social influence: story model, predecisional distortion, and conformity prejudice. This research inspects the relationship between media and the law by reviewing the pervasiveness of the media's depiction of criminal cases, the changing nature of media, and the biasing effects of media exposure. In addition, it explores the different forms …


Interconstituted Legal Agents, Christian Turner Jan 2023

Interconstituted Legal Agents, Christian Turner

Marquette Law Review

Legal theory and doctrine depend on underlying assumptions about human nature and sociality. Perhaps the most common and basic assumption is that we are separate persons who communicate imperfectly with one another. While this separation thesis has been questioned, it still dominates legal theory. However, I show that understanding separation and connection as alternative perspectives, rather than as ontologically true or false, reveals that legal conflict often arises when these perspectives give rise to clashing intuitions concerning the meaning of community and what constitutes goals and harms. This Article organizes perspectives on social relationships in increasing order of intersubjectivity: isolation, …


Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey Dec 2022

Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey

Fordham Law Review

The right to free speech is a strongly protected constitutional right under the First Amendment to the U.S. Constitution. In 2010, the U.S. Supreme Court significantly expanded free speech protections for corporations in Citizens United v. FEC. This case prompted the question: could other nonhuman actors also be eligible for free speech protection under the First Amendment? This inquiry is no longer a mere intellectual exercise: sophisticated artificial intelligence (AI) may soon be capable of producing speech. As such, there are novel and complex questions surrounding the application of the First Amendment to AI. Some commentators argue that AI …


Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw Dec 2022

Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw

Student Theses

The present research explores whether inducing empathy in death-qualified mock jurors leads to fewer death sentences in a penalty phase trial. Previous research has shown that inducing empathy in jurors leads to lesser sentences and perceived responsibility of the perpetrator for the crime. However, none of this research has examined death penalty cases, and most have focused on instances where the victim was also the perpetrator of a separate crime against the defendant (e.g., abuse). Extending this line of research, the present study examines whether these results extend to instances where the perpetrator and victim are strangers. Additionally, considering the …


Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters Dec 2022

Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters

Student Theses

Approximately 90% of justice-involved youth have experienced some form of trauma by the time they become involved in the justice system, and attorneys report being negatively impacted by their work with trauma-exposed populations generally. Yet, research has not focused on how varying degrees of youth trauma can impact attorney decisions and if that differs based on youth race. This study, therefore, explored vicarious trauma and its impact on juvenile defense attorneys, including how an attorney’s experience of vicarious trauma impacts case handling and perception of their youth client and how that differs based on client race and trauma history. We …


From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp Dec 2022

From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Shame permeates the experience of intimate partner violence (IPV). People who perpetrate IPV commonly use tactics designed to cause shame in their partners, including denigrating their dignity, undermining their autonomy, or harming their reputation. Many IPV survivors report an abiding sense of shame as a result of their victimization—from a lost sense of self, to self-blame, to fear of (or actual) social judgment. When seeking help for abuse, many survivors are directed to, or otherwise encounter, persons or institutions that reinforce rather than mitigate their shame. Survivors with marginalized social identities often must contend not only with the shame of …


Using Workplace Personality To Guide Improvement Of Law Enforcement Selection, Chase A. Winterberg, Michael A. Tapia, Bradley J. Brummel Nov 2022

Using Workplace Personality To Guide Improvement Of Law Enforcement Selection, Chase A. Winterberg, Michael A. Tapia, Bradley J. Brummel

Personnel Assessment and Decisions

Recurrent police-public conflict suggests misalignment in desired police behavior between police and the public. We explored differences in desired police characteristics between police and members of the American public. Although racial minorities endorsed more negative attitudes of police overall, we found no meaningful differences in desired police characteristics between police and the public or between racial minority and majority participants. Second, we combined multiple criterion-related validation studies in similar jobs via meta-analyses and synthetic validity analyses to identify personality predictors of police performance dimensions. Third, we assessed base rates and adverse impact of these personality characteristics in police. Incumbent officers …


Get Your Head In The Game: Gamifying The Bar Examination, Donald E. Campbell Oct 2022

Get Your Head In The Game: Gamifying The Bar Examination, Donald E. Campbell

Mississippi College Law Review

During a recent administration of the bar examination, I observed the following: a student who had a child ten days before the exam passed; a student on law review failed; a student whose predictors indicated he should fail the bar exam passed; two students who were in the library every day studying failed. Even though these folks were all taking the same exam, their outcomes varied dramatically, and there did not seem to be a common variable that predicted whether they would pass or fail. My first inclination was to throw up my hands in frustration and chalk it up …


Reducing Prejudice Through Law: Evidence From Experimental Psychology, Sara Emily Burke, Roseanna Sommers Oct 2022

Reducing Prejudice Through Law: Evidence From Experimental Psychology, Sara Emily Burke, Roseanna Sommers

Articles

Can antidiscrimination law effect changes in public attitudes toward minority groups? Could learning, for instance, that employment discrimination against people with clinical depression is legally prohibited cause members of the public to be more accepting toward people with mental health conditions? In this Article, we report the results of a series of experiments that test the effect of inducing the belief that discrimination against a given group is legal (versus illegal) on interpersonal attitudes toward members of that group. We find that learning that discrimination is unlawful does not simply lead people to believe that an employer is more likely …


My Three Criminal Justice Careers, Brisa Sanchez Sep 2022

My Three Criminal Justice Careers, Brisa Sanchez

Undergraduate Scholarly Works

This undergrad research paper is about the basics of the three components of criminal justice careers and the careers and salaries they do for a living.


Sacrificing The Public's Health: Conspiracies And Trust In The Scientific Enterprise, Katherine Drabiak Aug 2022

Sacrificing The Public's Health: Conspiracies And Trust In The Scientific Enterprise, Katherine Drabiak

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


An International Law Perspective On Political Informational Warfare: The Challenges Of Combating The Weaponized Use Of Conspiracy Theories And Disinformation To Undermined Democracy, Kimberly Breedon Aug 2022

An International Law Perspective On Political Informational Warfare: The Challenges Of Combating The Weaponized Use Of Conspiracy Theories And Disinformation To Undermined Democracy, Kimberly Breedon

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Psychology Of Conspiracy Theories, Daniel Jolley Aug 2022

The Psychology Of Conspiracy Theories, Daniel Jolley

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Gödel Conspiracy, F.E. Guerra-Pujol Aug 2022

The Gödel Conspiracy, F.E. Guerra-Pujol

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Donald Trump And The End Times: How Dispensational Premillennialism Connects Christians With The Big Election Lie, David W. Opderbeck Aug 2022

Donald Trump And The End Times: How Dispensational Premillennialism Connects Christians With The Big Election Lie, David W. Opderbeck

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Un-Reality Of Democratic Order: An Alternative, Nick Sciullo Aug 2022

The Un-Reality Of Democratic Order: An Alternative, Nick Sciullo

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracy Theories And The U.S. President's Exercise Of Free Speech On Social Media: Constitutional Issues And Challenges, Cynthia Boyer Aug 2022

Conspiracy Theories And The U.S. President's Exercise Of Free Speech On Social Media: Constitutional Issues And Challenges, Cynthia Boyer

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Capital Offense: Is Donald Trump Guilty Of Inciting A Riot At The Capital?, Michael Conklin Aug 2022

Capital Offense: Is Donald Trump Guilty Of Inciting A Riot At The Capital?, Michael Conklin

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracy In The New Republic: Peter Porcupine And The Lessons From Revolutionary France, Patrick Callaway Aug 2022

Conspiracy In The New Republic: Peter Porcupine And The Lessons From Revolutionary France, Patrick Callaway

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


"Purifying Politics": Illinois Know Nothings An The Perplexities Of The Paranoid Style, Ian Iverson Aug 2022

"Purifying Politics": Illinois Know Nothings An The Perplexities Of The Paranoid Style, Ian Iverson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracies And American Democracy: What's Old? What's New? And What's Dangerous?, James Morone Aug 2022

Conspiracies And American Democracy: What's Old? What's New? And What's Dangerous?, James Morone

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Alternate Realities: Conspiracy Theory And The Constitutional And Democratic Order, Dr. Charles J. Reid, Jr. Aug 2022

Alternate Realities: Conspiracy Theory And The Constitutional And Democratic Order, Dr. Charles J. Reid, Jr.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Law School News: 'A Very Clear Mission' 08-18-2022, Michael M. Bowden Aug 2022

Law School News: 'A Very Clear Mission' 08-18-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller Aug 2022

The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller

Masters Theses & Specialist Projects

This study sought to determine the relationship between True Crime Media (TCM) or pretrial publicity (PTP) consumption and jurors' criminal justice orientations. This study also looked at dispositional empathy, right-wing authoritarianism, the need for affect, and the need for cognition as potential moderators. It was hypothesized that the more TCM and PTP consumed, the more participants will lean toward crime control ideologies. It was also hypothesized that the more TCM and PTP consumed, the higher participants would score on right-wing authoritarian viewpoints, on dispositional empathy, and on need for cognition. Participants were presented with a screening question of, "Do you …


Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore Jul 2022

Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore

BYU Law Review

No abstract provided.


Lawyers As Caregivers, Paula Schaefer Jun 2022

Lawyers As Caregivers, Paula Schaefer

St. Mary's Journal on Legal Malpractice & Ethics

This Article argues that clients—much like patients in a healthcare setting—need their lawyers to be caregivers. The Article opens by developing a definition of caregiving in medicine and law. It then turns to five key components of caregiving in medicine, explaining the substantial research that this care is crucial for patient satisfaction, trust, and healing. Medical educators have drawn on this research to better prepare medical professionals to be excellent caregivers. The Article then explores the evidence that an attorney’s clients have the same needs and suffer similar harm when attorneys fail to meet these needs. Next, the Article turns …


The Doctor Will See You Now: The Fourth Circuit Revives The Juvenile Detainee's Right To Treatment By Adopting The Professional Judgment Standard In Doe 4, Matthew Skolnick Jun 2022

The Doctor Will See You Now: The Fourth Circuit Revives The Juvenile Detainee's Right To Treatment By Adopting The Professional Judgment Standard In Doe 4, Matthew Skolnick

Villanova Law Review

No abstract provided.


Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw Jun 2022

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …