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Law and Psychology

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2007

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Articles 1 - 30 of 30

Full-Text Articles in Law

Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Nov 2007

Blinking On The Bench: How Judges Decide Cases, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, but researchers have offered little hard evidence in support of either model. Relying on empirical studies of judicial reasoning and decision making, we propose an entirely new model of judging that provides a more accurate explanation of judicial behavior. Our model accounts for the tendency of the human brain to make automatic, snap judgments, which are surprisingly accurate, but which ...


The Origins Of Shared Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban, Owen D. Jones Nov 2007

The Origins Of Shared Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban, Owen D. Jones

Faculty Scholarship at Penn Law

Contrary to the common wisdom among criminal law scholars, the empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself – physical aggression, takings without consent, and deception in transactions – the shared intuitions are stunningly consistent, across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result? The authors theorize that one explanation may be an evolved predisposition toward these ...


It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding Oct 2007

It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding

Working Paper Series

The effects of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and ...


A Limited Defense Of Clinical Placebo Deception, Adam Kolber Oct 2007

A Limited Defense Of Clinical Placebo Deception, Adam Kolber

Faculty Scholarship

No abstract provided.


The Health Implications Of Violence Against Women: Untangling The Complexities Of Actual And Chronic Effects: Part Two, Carol E. Jordan Jul 2007

The Health Implications Of Violence Against Women: Untangling The Complexities Of Actual And Chronic Effects: Part Two, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Concordance & Conflict In Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban Jun 2007

Concordance & Conflict In Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban

Faculty Scholarship at Penn Law

The common wisdom among criminal law theorists and policy makers is that the notion of desert is vague and the subject to wide disagreement. Yet the empirical evidence in available studies, including new studies reported here, paints a dramatically different picture. While moral philosophers may disagree on some aspects of moral blameworthiness, people's intuitions of justice are commonly specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself – physical aggression, takings without consent, and deception in transactions – people's shared intuitions cut across demographics and cultures. The findings raise ...


The Health Implications Of Violence Against Women: Untangling The Complexities Of Acute And Chronic Effects: Part One, Carol E. Jordan Apr 2007

The Health Implications Of Violence Against Women: Untangling The Complexities Of Acute And Chronic Effects: Part One, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


The Non-Problem Of Free Will In Forensic Psychiatry And Psychology, Stephen J. Morse Mar 2007

The Non-Problem Of Free Will In Forensic Psychiatry And Psychology, Stephen J. Morse

Faculty Scholarship at Penn Law

This article demonstrates that there is no free will problem in forensic psychiatry by showing that free will or its lack is not a criterion for any legal doctrine and it is not an underlying general foundation for legal responsibility doctrines and practices. There is a genuine metaphysical free will problem, but the article explains why it is not relevant to forensic practice. Forensic practitioners are urged to avoid all usage of free will in their forensic thinking and work product because it is irrelevant and spawns confusion.


Heuristics And Biases In Bankruptcy Judges, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich Mar 2007

Heuristics And Biases In Bankruptcy Judges, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich

Cornell Law Faculty Publications

Do specialized judges make better decisions than judges who are generalists? Specialized judges surely come to know their area of law well, but specialization might also allow judges to develop better, more reliable ways of assessing cases. We assessed this question by presenting a group of specialized judges with a set of hypothetical cases designed to elicit a reliance on common heuristics that can lead judges to make poor decisions. Although the judges resisted the influence of some of these heuristics, they also expressed a clear vulnerability to others. These results suggest that specialization does not produce better judgment.


How Psychology Is Changing The Punishment Theory Debate, Paul H. Robinson Jan 2007

How Psychology Is Changing The Punishment Theory Debate, Paul H. Robinson

Faculty Scholarship at Penn Law

This brief essay reviews the contributions that social psychology is making the debate among criminal law theorists on the proper principle for the distribution of criminal liability and punishment. Included are a discussion of suggestions that deterrence may be ineffective as a distributive principle, that incapacitation of dangerous persons may be effective but might be more effective if pursued through a detention system distinct from the criminal justice system, and that desert as a distributive principle, ironically, might be the most effective for controlling crime. Available for download at http://ssrn.com/abstract=956130


Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers Jan 2007

Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers

Faculty Publications of the Center on Children, Families, and the Law

This article describes the development of the Community Norms of Child Neglect Scale (CNCNS), a new measure of perceptions of child neglect, for use in community samples. The CNCNS differentiates among four subtypes of neglect (failure to provide for basic needs, lack of supervision, emotional neglect, and educational neglect). Scenarios ranging in seriousness for each subtype were presented to a large community sample (N = 3,809). Confirmatory factor analyses indicated that a four-factor model provided a better fit to the data than did a model specifying only one overall neglect factor, suggesting this sample distinguished among the four subtypes of ...


Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen Jan 2007

Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

Part I of the essay reviews the work of activists and scholars who make the case that coercion is central to domestic violence, but notes that these scholars' conceptions of coercion are diverse. Part II describes the justice system's current responses to the impact of coercion on a victim's decision to drop a criminal or civil case. Part III exposes a number of challenges inherent in measuring the impact of a batterer's influence on a domestic violence victim's decision. Part IV describes the conceptual limitations of current judicial guidelines, and argues for a more nuanced conceptualization ...


Legal Scholarship, Humility, And The Scientific Method, David J. Herring Jan 2007

Legal Scholarship, Humility, And The Scientific Method, David J. Herring

Articles

This essay responds to the question of What next for law and behavioral biology? by describing an approach to legal scholarship that relies on the scientific method. There are two steps involved in this approach to legal scholarship. First, the legal scholar must become familiar with an area of scientific research that is relevant to the development of law and policy. (This essay uses behavioral biology research as an example.) Second, the legal scholar must seek and form relationships across disciplines, becoming an active member of a scientific research team that conducts studies relevant to particular issues of law and ...


Gender And Race Differences In Juvenile Mental Health Symptoms: Maysi-2 National Norm Study, Gina M. Vincent, Thomas Grisso, Anna M. Terry, Steven M. Banks Jan 2007

Gender And Race Differences In Juvenile Mental Health Symptoms: Maysi-2 National Norm Study, Gina M. Vincent, Thomas Grisso, Anna M. Terry, Steven M. Banks

Implementation Science and Practice Advances Research Center Publications

Presents a study regarding gender and race differences in juvenile mental health symptoms, using the MAYSI-2 National Norm Study.


Trajectories Of Offending From Childhood To Early Adulthood In Girls With And Without Mental Health System Involvement, Maryann Davis, Steven M. Banks, Bernice Gershenson, William H. Fisher, Albert J. Grudzinskas Jan 2007

Trajectories Of Offending From Childhood To Early Adulthood In Girls With And Without Mental Health System Involvement, Maryann Davis, Steven M. Banks, Bernice Gershenson, William H. Fisher, Albert J. Grudzinskas

Implementation Science and Practice Advances Research Center Publications

Criminology literature is overwhelmingly based in studies of males, though studies of gender differences or of females are rapidly accumulating. Rates of psychiatric disorder are typically higher in females involved with justice systems compared to males. However, the juvenile or criminal justice involvement of girls in mental health systems, or with serious mental health conditions is greatly understudied. Identifying their arrest risk onset, peak, and offset provides practitioners information about when to intervene and with whom. The goal of the present study is to describe within-individual longitudinal arrest patterns from ages 8-24 in this population, and determine whether their arrest ...


Impact Of Maysi-2 Mental Health Screening In Juvenile Detention, Valerie F. Williams, Thomas Grisso Jan 2007

Impact Of Maysi-2 Mental Health Screening In Juvenile Detention, Valerie F. Williams, Thomas Grisso

Implementation Science and Practice Advances Research Center Publications

This poster reports on factors that influenced the rapid adoption and implementation of the Massachusetts Youth Screening Instrument-version 2 (MAYSI-2) and the perceived consequences of routine MAYSI-2 mental health screening. Semi-structured interviews and focus groups were conducted with administrators, managers, and front-line staff in juvenile detention centers in three states (n=19). Results will allow us to better inform juvenile justice facilities regarding the conditions under which screening can more often result in increases in mental health services to youth entering the system and help guide future efforts to provide technology to juvenile justice programs in the interest of youths.


Serious Mental Illness And Chronic Crimial Justice Involvement: Findings From The Massachusetts Mental Healthy / Criminal Justice Cohort Study, William H. Fisher, Steven M. Banks, Kristen M. Roy-Bujnowski, Albert J. Grudzinskas Jr., Jonathan C. Clayfield, Nancy Wolff Jan 2007

Serious Mental Illness And Chronic Crimial Justice Involvement: Findings From The Massachusetts Mental Healthy / Criminal Justice Cohort Study, William H. Fisher, Steven M. Banks, Kristen M. Roy-Bujnowski, Albert J. Grudzinskas Jr., Jonathan C. Clayfield, Nancy Wolff

Implementation Science and Practice Advances Research Center Publications

Presents findings from 1990 through 2000 from The Massachusetts Mental Health/Criminal Justice Cohort Study.


Outpatient Commitment: A Competency Based Justification, Albert J. Grudzinskas, Jeffrey L. Geller, Jonathan C. Clayfield, William H. Fisher Jan 2007

Outpatient Commitment: A Competency Based Justification, Albert J. Grudzinskas, Jeffrey L. Geller, Jonathan C. Clayfield, William H. Fisher

Implementation Science and Practice Advances Research Center Publications

A recent survey of state statutes for outpatient commitment (Torrey and Kaplan, 1995) indicates that while thirty-five states and the District of Columbia have laws permitting outpatient commitment, Massachusetts is not one of them. Rather, Massachusetts uses a competency-based, substituted-decision-making model for the involuntary administration of medication in the community. To appreciate the Massachusetts model, it is important to understand how this court-ordered involuntary outpatient treatment fits into the overall scheme of outpatient commitment and how it is structured.

A review of involuntary outpatient treatment (IOT) literature indicates that it is prudent to distinguish between outpatient commitment, conditional release, and ...


Temporal Patterns Of Arrest In A Cohort Of Adults Receiving Mental Health Services: The Massachusetts Mental Health / Criminal Justice Cohort Study, William H. Fisher, Steven M. Banks, Kristen M. Roy-Bujnowski, Albert J. Grudzinskas, Jonathan C. Clayfield, Nancy Wolff Jan 2007

Temporal Patterns Of Arrest In A Cohort Of Adults Receiving Mental Health Services: The Massachusetts Mental Health / Criminal Justice Cohort Study, William H. Fisher, Steven M. Banks, Kristen M. Roy-Bujnowski, Albert J. Grudzinskas, Jonathan C. Clayfield, Nancy Wolff

Implementation Science and Practice Advances Research Center Publications

Criminal Justice Involvement among Clientele is a Major Concern for State Mental Health Agencies. Mental health and criminal justice systems provide services at various points along the interface of these systems to reduce offending and re-offending, including:

- Diversion programs

- Mental Health Courts

- Re-Entry

Little information about scope of offending to guide service development. This study provides data on the prevalence, type and temporal patterns of arrest for a large sample of adults followed for roughly 9.5 years.


Massachusetts Mental Health Diversion & Integration Program, Albert J. Grudzinskas, Jonathan C. Clayfield, William H. Fisher, Maurice H. Richardson, Kenneth E. Fletcher, Kristen M. Roy-Bujnowski, James E. Mcdonald Jr. Jan 2007

Massachusetts Mental Health Diversion & Integration Program, Albert J. Grudzinskas, Jonathan C. Clayfield, William H. Fisher, Maurice H. Richardson, Kenneth E. Fletcher, Kristen M. Roy-Bujnowski, James E. Mcdonald Jr.

Implementation Science and Practice Advances Research Center Publications

Helping law enforcement, health care, and social service communities work together to develop a seamless continuum of care for persons with serious mental illness who are charged with non-serious crimes.


Functional Neuroimaging Information: A Case For Neuro Exceptionalism?, Stacey A. Tovino Jan 2007

Functional Neuroimaging Information: A Case For Neuro Exceptionalism?, Stacey A. Tovino

Scholarly Works

The field of neuroethics has been described as an amalgamation of two branches of inquiry: “the neuroscience of ethics” and “the ethics of neuroscience.” The neuroscience of ethics may be described as “a scientific approach to understanding ethical behavior.” The law and ethics of neuroscience is concerned with the legal and ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. This Article is a contribution to the law and ethics of neuroscience.

No longer new or emerging, the burgeoning ...


Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino Jan 2007

Psychiatric Restraint And Seclusion: Resisting Legislative Solution, Stacey A. Tovino

Scholarly Works

The use of restraint and seclusion in the American psychiatric setting has a rich history—rich in medical, ethical, legal, and social controversy. For centuries, mental health care providers used movement restrictions and solitary confinement to manage psychiatric patients. Superintendents of eighteenth and early nineteenth century insane asylums and other institutions of confinement believed that strait-waistcoats, “tranquilizer chairs,” “maniac beds,” chains, shackles, and “quiet rooms” deescalated agitation and promoted self-control. Reforms beginning in the nineteenth century helped make some psychiatric institutions more humane, in part because staff members were trained to find ways to calm potentially violent patients without imposing ...


Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino Jan 2007

Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino

Scholarly Works

Now in its second decade, functional magnetic resonance imaging (fMRI) localizes changes in blood oxygenation that occur in the brain when an individual performs a mental task. Physicians and scientists use fMRI not only to map sensory, motor, and cognitive functions, but also to study the neural correlates of a range of sensitive and potentially stigmatizing conditions, behaviors, and characteristics. Poised to move outside the traditional clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being explored within a burgeoning neuroethics literature. In this Article, I place these issues in their proper historical ...


The Curious Incident Of The Law Firm That Did Nothing In The Night-Time, Nancy B. Rapoport Jan 2007

The Curious Incident Of The Law Firm That Did Nothing In The Night-Time, Nancy B. Rapoport

Scholarly Works

This essay argues that organizations (here, the Milbank, Tweed law firm) often ignore obviously bad behavior by their employees because of various psychological and sociological factors that prevent them from recognizing the behavior as bad in the first place.


The Uneasy Entente Between Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman Jan 2007

The Uneasy Entente Between Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman

Faculty Scholarship at Penn Law

There is uneasy tension in the criminal law between the doctrines of mens rea and the defense of legal insanity. Last term, the Supreme Court addressed both these issues, but failed to clarify the relation between them. Using a wide range of interdisciplinary materials, this article discusses the broad doctrinal, theoretical, and normative issues concerning responsibility that arise in this context. We clarify the meaning of mental disorder, mens rea and legal insanity, the justification for and the relation between the latter two, and the relation among all three. Next we consider the reasoning in Clark, and for the most ...


Self-Handicapping And Managers’ Duty Of Care, David A. Hoffman Jan 2007

Self-Handicapping And Managers’ Duty Of Care, David A. Hoffman

Faculty Scholarship at Penn Law

This symposium essay focuses on the relationship between managers' duty of care and self-handicapping, or constructing obstacles to performance with the goal of influencing subsequent explanations about outcomes. Conventional explanations for failures of caretaking by managers have focused on motives (greed) and incentives (agency costs). This account of manager behavior has led some modern jurists, concerned about recent corporate scandals, to advocate for stronger deterrent measures to realign manager and shareholder incentives. * Self-handicapping theory, by contrast, teaches that bad manager behavior may occur even when incentives are well-aligned. Highly successful individuals in particular come to fear the pressure of replicating ...


The In-Between Places Where Children Are Socialized, Anne Dailey Jan 2007

The In-Between Places Where Children Are Socialized, Anne Dailey

Faculty Articles and Papers

In Between Home and School, Professor Rosenbury makes a splendid contribution to the emerging legal scholarship on the influence of cultural contexts on children's socialization. Scholars in this field have begun to study the effects on children of the media, peer relationships, civic institutions, and early caregiving environments. Professor Rosenbury's is a bold new voice in this genre offering a normative paradigm of space to replace the traditional dyadic model of state-parent authority over children. At the heart of the spatial paradigm is the view that in-between spaces socialize children in ways that differ both procedurally and substantively ...


An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin Jan 2007

An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin

Articles & Chapters

No abstract provided.


Functional Neuroimaging And The Law: Trends And Directions For Future Scholarship, Stacey A. Tovino Jan 2007

Functional Neuroimaging And The Law: Trends And Directions For Future Scholarship, Stacey A. Tovino

Scholarly Works

Under the umbrella of the burgeoning neurotransdisciplines, scholars are using the principles and research methodologies of their primary and secondary fields to examine developments in neuroimaging, neuromodulation, and psychopharmacology. The path for advanced scholarship at the intersection of law and neuroscience may clear if work across the disciplines is collected and reviewed and outstanding and debated issues are identified and clarified. In this article, I organize, examine and refine a narrow class of burgeoning neurotransdiscipline scholarship; that is, scholarship at the interface of law and functional magnetic resonance imaging.


International Human Rights And Comparative Mental Disability Law: The Universal Factors, Michael L. Perlin Jan 2007

International Human Rights And Comparative Mental Disability Law: The Universal Factors, Michael L. Perlin

Articles & Chapters

An examination of comparative mental disability law reveals that there are at least five dominant, universal, core factors that must be considered carefully in any evaluation of the key question of whether international human rights standards have been violated. Each of these five factors is a reflection of the shame that the worldwide state of mental disability law brings to all of us who work in this field. Each is tainted by the pervasive corruption of sanism that permeates all of mental disability law. Each reflects a blinding pretextuality that contaminates legal practice in this area.

These are the factors ...