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Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps
Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps
Vanderbilt Law Review
At least since the M'Naghten case of the 1840s,' Anglo- American criminal law has concerned itself closely, famously, and contentiously with the psychology of the accused. Another significant body of scholarship addresses the psychology of juries, and other valuable research has approached some of the rules of criminal evidence from the perspective of social and cognitive psychology. There has, however, yet to be a general investigation of what social cognition research might teach us about the criminal law's pervasive concern with blameworthiness.
This Article undertakes that investigation. It brings research on the psychology of social cognition to bear on the …
The Legal Implications Of Psychology: Human Behavior, Behavioral Economics, And The Law Symposium: The Legal Implications Of Psychology Human Behavior, Behavioral Economics, And The Law, Stephen D. Hurd
Vanderbilt Law Review
Nearly all interesting legal issues require accurate predictions about human behavior to be resolved satisfactorily. Judges, policy- makers, and academics invoke mental models of individual and social behavior whenever they estimate the desirability of alternative rules, policies, or procedures. Contemporary legal scholarship has come to recognize that if these predictions are naive and intuitive, without any strong empirical grounding, they are susceptible to error and ideological bias. Something more rigorous is thus expected when normative claims are advanced, and the place of the social sciences has expanded in legal discourse to satisfy this expectation.'
Three branches of the social sciences-economics, …