Social and Behavioral Sciences Commons^™

The Effects Of Virtual Panopticism, Emma E. East

Selected Honors Theses

As technology further integrates into everyday life, the effects of technological advancement surface. The research contained in this thesis places philosopher Michel Foucault’s ideas of the panoptic, discipline, punishment and a carceral society in a virtual reality thus creating a virtual panopticon. Adapting Foucault’s theories to the present-day technological climate allows researchers to begin understanding the why behind humans’ interactions with various forms of technology (e.g. iPhone usage, Smart TVs, online banking, Alexa/Echo, etc.). Additionally, virtual panopticism sheds light on the corruption of those who manipulate information online to wield power, maintain control and make money. I discuss surveillance capitalism …

Does Maga Affect Legal Decision Making In A Criminal Case?, Jaelyn M. Nixon

Electronic Theses and Dissertations

Donald Trump’s “Make America Great Again” (MAGA) slogan was embedded with underlying ideologies that are perceived by some individuals as promoting strict laws, policies, and punishments (Goldstein & Hall, 2017). Specifically, he is notorious for his support of capital punishment on more than one occasion (Richard, 2018). Punishment decision making can be influenced by an individual’s belonging to social categories that may have been formed based on political beliefs, gender, and other social criteria (Kahan et al., 2009). Additionally, racial disparities within the legal system persist and are known to be maintained through racially biased punishment decision making. Our research …

Applying Sex Offender Registry Laws To Juvenile Offenders: Biases Against Adolescents From Stigmatized Groups, Jessica M. Salerno, Margaret Stevenson, Cynthia J. Najdowski, Tisha R.A. Wiley, Bette L. Bottoms, Liana Peter-Hagene

Psychology Faculty Scholarship

The need to protect children from dangerous sex offenders has led to policies that require juvenile sex offenders to register on public online registries. It is important to determine the implications of these laws for the wellbeing of child victims and also for juvenile offenders on these registries. Is the application of these laws—designed for adult offenders—to juveniles appropriate, necessary, and supported by public sentiment? The chapter reviews current sex offender registration policies and psychological research addressing whether the assumptions underlying these laws are supported by research, public sentiment toward these laws, factors that might drive biases against stigmatized youth …

Crime And Punishment Through The Lens Of Professional Sports: An Empirical Study Of Racial Stereotyping, Jonathan Hendel

CMC Senior Theses

This study expands upon the study of racial stereotyping through looking at the realm of professional sports. An athlete’s race, the sport an athlete plays, and the crime the athlete commits were all investigated to determine whether racial stereotyping plays a role in verdict and sentencing decisions. Participants were exposed to one of eight vignettes in a 2 (Race: White or Black) X 2 (Sport played: professional football or professional soccer) X 2 (Crime: sexual assault or performance enhancing drug use) design. The dependent variables measured are classified as “seriousness, guilt, and responsibility” and “sentencing.” Results from this study show …

Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister

All Faculty Scholarship

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Ken Levy

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

Cognitive Systems For Revenge And Forgiveness, Michael E. Mccullough, Robert Kurzban, Benjamin A. Tabak

ESI Publications

Minimizing the costs that others impose upon oneself and upon those in whom one has a fitness stake, such as kin and allies, is a key adaptive problem for many organisms. Our ancestors regularly faced such adaptive problems (including homicide, bodily harm, theft, mate poaching, cuckoldry, reputational damage, sexual aggression, and the infliction of these costs on one's offspring, mates, coalition partners, or friends). One solution to this problem is to impose retaliatory costs on an aggressor so that the aggressor and other observers will lower their estimates of the net benefits to be gained from exploiting the retaliator in …

The Effects Of Culture And Friendship On Rewarding Honesty And Punishing Deception, Cynthia S. Wang, Angela K.-Y. Leung, M. See, X. Gu

Ka Yee Angela LEUNG

The present research explores whether the type of relationship one holds with deceptive or honest actors influences cross-cultural differences in reward and punishment. Research suggests that Americans reward honest actors more than they punish deceptive perpetrators, whereas East Asians reward and punish equally (Wang & Leung, 2010). Our research suggests that the type of relationship with the actor matters for East Asians, but not for Americans. East Asians exhibit favoritism toward their friends by rewarding more than punishing them, but reward and punish equally when the actors are strangers (Experiment 1 and 2); Americans reward more than they punish regardless …

The Effects Of Culture And Friendship On Rewarding Honesty And Punishing Deception, Cynthia S. Wang, Angela K.-Y. Leung, Michelle Ya Hui See, Xiang Yu Gao

Research Collection School of Social Sciences

The present research explores whether the type of relationship one holds with deceptive or honest actors influences cross-cultural differences in reward and punishment. Research suggests that Americans reward honest actors more than they punish deceptive perpetrators, whereas East Asians reward and punish equally (Wang & Leung, 2010). Our research suggests that the type of relationship with the actor matters for East Asians, but not for Americans. East Asians exhibit favoritism toward their friends by rewarding more than punishing them, but reward and punish equally when the actors are strangers (Experiment 1 and 2); Americans reward more than they punish regardless …

The Cultural Dynamics Of Rewarding Honesty And Punishing Deception, Cynthia S. Wang, Angela K. Y. Leung

Research Collection School of Social Sciences

Recent research suggests that individuals reward honesty more than they punish deception. Five experiments showed that different patterns of rewards and punishments emerge for North American and East Asian cultures. Experiment 1 demonstrated that Americans rewarded more than they punished, whereas East Asians rewarded and punished in equivalent amounts. Experiments 2 and 3 revealed that these divergent patterns by culture could be explained by greater social mobility experienced by Americans. Experiments 4 and 5 examined how certain consequences of social mobility, approach—avoidance behavioral motivations and trust and felt obligation, can lead to disparate reward and punishment decisions within the two …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Journal Articles

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

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 without damaging the culpability …

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

All Faculty Scholarship

When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the …