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Law and Psychology

2011

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Full-Text Articles in Law

Ignatian Spirituality And The Life Of The Lawyer: Finding God In All Things – Even In The Ordinary Practice Of The Law, Gregory A. Kalscheur S.J. Dec 2011

Ignatian Spirituality And The Life Of The Lawyer: Finding God In All Things – Even In The Ordinary Practice Of The Law, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

All of us know lawyers who seem unhappy, unfree, directionless, and dis-integrated, who seem to be following paths they haven’t consciously chosen, leading them to places they would never have chosen to go, seemingly locked in lives they haven’t freely chosen to live. Some would characterize this reality as a manifestation of a spiritual crisis, a crisis of meaning and value in the law, rooted in the difficulty lawyers have integrating the practice of the law into the whole of their lives. This article argues that the spirituality flowing from the life of Ignatius of Loyola, the founder ...


Jurors' Ability To Judge The Reliability Of Confessions And Denials: Effects Of Camera Perspective During Interrogation, Lindsey Nicole Sweeney Dec 2011

Jurors' Ability To Judge The Reliability Of Confessions And Denials: Effects Of Camera Perspective During Interrogation, Lindsey Nicole Sweeney

Graduate Theses and Dissertations

Previous research shows that some proportion of people interrogated confess, regardless of actual guilt. It has also been shown that the camera perspective from which an interrogation is videotaped influences later judgments of voluntariness and guilt, as well as sentencing recommendations. The present research extends the understanding of this phenomenon of false confessions and the camera perspective bias. Ecologically valid videotaped true/false confessions and denials were obtained in Experiment 1. The proportions of guilt participants and participants that confessed to cheating were found to be smaller in Experiment 1 than those in previous research. Participants in Experiment 2 viewed ...


Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy Dec 2011

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

San Diego Law Review

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are often not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or ...


Property's Morale, Nestor M. Davidson Dec 2011

Property's Morale, Nestor M. Davidson

Michigan Law Review

A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled "demoralization costs." Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join ...


Can The Right To Personal Liberty Be Interpreted In A Paternalistic Manner? : Cases On The Mental Health Act 2001, Darius Whelan Nov 2011

Can The Right To Personal Liberty Be Interpreted In A Paternalistic Manner? : Cases On The Mental Health Act 2001, Darius Whelan

Darius Whelan

The Mental Health Act 2001 introduced major reforms of Ireland’s civil mental health law and instigated a new era for those detained in psychiatric hospitals and units. The main focus of the Act was improvement of the legal regime concerning involuntary detention of persons with mental disorders, an area of law which concerns a number of constitutional and human rights, particularly the right to personal liberty. One of the most surprising aspects of the case law interpreting the Act has been that the courts have referred on numerous occasions to the need to interpret the Act in a “paternalistic ...


Self-Injurious Behaviors In Prisons: A Nationwide Survey Of Correctional Mental Health Directors, Kenneth L. Appelbaum, Judith A. Savageau, Robert L. Trestman, Jeffrey L. Metzner Oct 2011

Self-Injurious Behaviors In Prisons: A Nationwide Survey Of Correctional Mental Health Directors, Kenneth L. Appelbaum, Judith A. Savageau, Robert L. Trestman, Jeffrey L. Metzner

Commonwealth Medicine Publications

Self-injurious behavior (SIB) by inmates has serious health, safety, operational, security and fiscal consequences. Serious incidents require a freeze in normal facility operations. Injuries that need outside medical attention create additional security risks, including potential escape attempts. The interruption of normal operations, diversion of staff, cost of outside care, and drain on medical and mental health resources all have significant fiscal consequences. This session will present the results and implications of a survey of the Mental Health Directors in all 51 state and federal prison systems on the extent of SIB by inmates, including incidence and prevalence, adverse consequences, and ...


Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustilnik Oct 2011

Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustilnik

Amanda C Pustilnik

Can constructs of social meaning lead to actual criminal confinement? Can the intangible value ascribed to the maintenance of certain social norms lead to radically inefficient choices about resource allocation? The disproportionate criminal confinement of people with severe mental illnesses relative to non-mentally ill individuals suggests that social meanings related to mental illness can create legal and physical walls around this disfavored group. Responding to the non-violent mentally ill principally through the criminal system imposes at least 6 billion dollars in costs annually on the public, above any offsetting public safety and deterrence benefits, and imposes terrible human costs on ...


Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr Oct 2011

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its ...


Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein Oct 2011

Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein

Connecticut Public Interest Law Journal

Vol. 11, No. 1


A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System, Elizabeth Bannon Oct 2011

A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System, Elizabeth Bannon

Connecticut Public Interest Law Journal

Vol. 11, No. 1


Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse Oct 2011

Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse

Faculty Scholarship at Penn Law

This contribution to a symposium on the morality of preventive restriction on liberty begins by describing the positive law of preventive detention, which I term "desert/disease jurisprudence." Then it provides a brief excursus about risk prediction (estimation), which is at the heart of all preventive detention practices. Part IV considers whether proposed expansions of desert jurisprudence are consistent with retributive theories of justice, which ground desert jurisprudence. I conclude that this is a circle that cannot be squared. The following Part canvasses expansions of disease jurisprudence, especially the involuntary civil commitment of mentally abnormal, sexually violent predators, and the ...


25. Maltreated Children’S Ability To Estimate Temporal Location And Numerosity Of Placement Changes And Court Visits., Lindsay Wandrey, Thomas D. Lyon, Jodi A. Quas, William J. Friedman Sep 2011

25. Maltreated Children’S Ability To Estimate Temporal Location And Numerosity Of Placement Changes And Court Visits., Lindsay Wandrey, Thomas D. Lyon, Jodi A. Quas, William J. Friedman

Thomas D. Lyon

Research examining children’s temporal knowledge has tended to utilize brief temporal intervals and singular, neutral events, and is not readily generalizable to legal settings in which maltreated children are asked temporal questions about salient, repeated abuse that often occurred in the distant past. To understand how well maltreated children can describe temporal location and numerosity of documented, personal experiences, we assessed 167 6- to 10-year-old maltreated children’s temporal memory for changes in their living arrangements and prior visits to court. Small percentages of children were capable of providing exact temporal location information (age, month, or season) regarding their ...


Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla Sep 2011

Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla

Michigan Journal of Race and Law

Federal Rule of Civil Procedure 8(a) once operated as a notice pleading rule, requiring plaintiffs to set forth only a "short and plain" statement of their claim. In Bell Atlantic Corp. v. Twombly, and then Ashcroft v. Iqbal, the United States Supreme Court recast Rule 8(a) into a plausibility pleading standard. To survive a motion to dismiss, a complaint must contain sufficient factual matter "to state a claim to relief that is plausible on its face." Iqbal requires federal courts, when deciding whether a complaint is plausible, to draw on their "judicial experience and common sense." Courts apply ...


Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan Aug 2011

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The thinker must ...


Juvenile Competence To Stand Trial: An Examination Of The Effects Of Cognitive Ability, Psychiatric Symptomatology, And Psychosocial Maturity, Aaron John Kivisto Aug 2011

Juvenile Competence To Stand Trial: An Examination Of The Effects Of Cognitive Ability, Psychiatric Symptomatology, And Psychosocial Maturity, Aaron John Kivisto

Doctoral Dissertations

As the courts have evolved over the past 30 years towards increasingly punitive sanctions for youthful offenders, the fundamental protections afforded to adult defendants have become increasingly relevant for youthful offenders. Among these protections, the right of juveniles to be competent to stand trial has gained nearly universal recognition throughout this country’s courts. Congruent with theory and previous research, we hypothesized that age, intellectual ability, psychiatric symptomatology, and maturity would all be directly related to adolescents’ competence. It was also anticipated that adolescents in the detention sample would evidence lower maturity and competency-related abilities compared to the community sample ...


24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich Jul 2011

24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich

Thomas D. Lyon

We describe a Bayesian approach to evaluating children’s abuse disclosures and review research demonstrating that children’s disclosure of genital touch can be highly probative of sexual abuse, with the probative value depending on disclosure spontaneity and children’s age. We discuss how some commentators understate the probative value of children’s disclosures by: confusing the probability of abuse given disclosure with the probability of disclosure given abuse, assuming that children formally questioned about sexual abuse have a low prior probability of sexual abuse, misstating the probative value of abuse disclosure, and confusing the distinction between disclosure and nondisclosure ...


Genetics And Criminal Responsibility, Stephen J. Morse Jul 2011

Genetics And Criminal Responsibility, Stephen J. Morse

Faculty Scholarship at Penn Law

Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred.


Regulation, Deregulation, And Happiness, Jeffrey L. Harrison Jul 2011

Regulation, Deregulation, And Happiness, Jeffrey L. Harrison

UF Law Faculty Publications

Happiness, in general, is in many respects the topic du jour. A great deal of theoretical and empirical work has been devoted to dissecting it. Studies of happiness have crossed over to law, and the result is an addition to the long list of the list of “law and” interdisciplinary areas. In fact, in 2010, Eric Posner and Matthew Alder presented an excellent book of readings the title of which is Law and Happiness. Peter Henry Huang has written the definitive survey of law and happiness literature. My own writing has reflected on the promise of happiness research and the ...


15. Assessing The Competency Of Child Witnesses: Best Practice Informed By Psychology And Law., Thomas D. Lyon Jun 2011

15. Assessing The Competency Of Child Witnesses: Best Practice Informed By Psychology And Law., Thomas D. Lyon

Thomas D. Lyon

Truth-lie competency, which concerns the child's understanding of the difference between truth and lies and the importance of telling the truth, can be demonstrated by asking the child whether simple statements are the truth, and by asking the child to promise to tell the truth. Tests of children's truth-lie competency do not predict honesty, but eliciting a child's promise to tell the truth does increase honesty.


Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart Jun 2011

Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart

Legislation and Policy Brief

Beginning with Massachusetts in 2003, the courts and legislatures of many states have had to decide whether same-sex marriage is or should be a fundamental right under their respective constitutions. Although only five states and the District of Columbia legally perform same-sex marriages, a few other jurisdictions are in the process of proposing laws moving in that direction. However, the vast majority of states are holding fast to the traditional heterosexual definition of marriage. Thirty-eight states have adopted some sort of Defense of Marriage Act, constitutional amendment, or similar measure that defines marriage as the union between one man and ...


Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi May 2011

Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi

Department of Justice Studies Faculty Scholarship and Creative Works

Siting of drug and alcohol treatment facilities is often met with negative reactions because of the assumption that these facilities increase crime by attracting drug users (and possibly dealers) to an area. This assumption, however, rests on weak empirical footings that have not been subjected to strong empirical analyses. Using census block groups from Philadelphia, PA, it was found that the criminogenic impact of treatment facilities in and near a neighborhood on its violent and property crime rates may be contingent on the socioeconomic status (SES) of the neighborhood. Paying attention to both the density and proximity of facilities in ...


Dangerous People Or Dangerous Weapons: Access To Firearms For Persons With Mental Illness, Lawrence O. Gostin, Katherine L. Record May 2011

Dangerous People Or Dangerous Weapons: Access To Firearms For Persons With Mental Illness, Lawrence O. Gostin, Katherine L. Record

Georgetown Law Faculty Publications and Other Works

The recent attempted assassination of Rep. Gabrielle Giffords has once again focused the nation’s attention on the danger of the wide availability of firearms. The Supreme Court has ruled that gun restrictions may only be imposed on those deemed “prohibited persons” under the Gun Control Act of 1968. Although some are easily identifiable (e.g., children, convicted felons), one widely inclusive group is not – the mentally ill.

The current system designed to bar the mentally ill from purchasing or possessing firearms is ineffectual due to a lack of reporting and the existence of loopholes. What’s more, no state ...


Proposal To Reverse The View Of A Confession: From Key Evidence Requiring Corroboration To Corroboration For Key Evidence, Boaz Sangero, Mordechai Halpert Apr 2011

Proposal To Reverse The View Of A Confession: From Key Evidence Requiring Corroboration To Corroboration For Key Evidence, Boaz Sangero, Mordechai Halpert

University of Michigan Journal of Law Reform

Both case law and legal literature have recognized that all, and not just clearly statistical, evidence is probabilistic. Therefore, we have much to learn from the laws of probability with regard to the evaluation of evidence in a criminal trial. The present Article focuses on the confession. First, we review legal and psychological literature and show that the probability of a false confession and, consequently, a wrongful conviction, is far from insignificant. In light of this, we warn against the cognitive illusion, stemming from the fallacy of the transposed conditional, which is liable to mislead the trier of fact in ...


Mental Disorder And Criminal Law, Stephen J. Morse Apr 2011

Mental Disorder And Criminal Law, Stephen J. Morse

Faculty Scholarship at Penn Law

Mental disorder among criminal defendants affects every stage of the criminal justice process, from investigational issues to competence to be executed. As in all other areas of mental health law, at least some people with mental disorders, are treated specially. The underlying thesis of this Article is that people with mental disorder should, as far as is practicable and consistent with justice, be treated just like everyone else. In some areas, the law is relatively sensible and just. In others, too often the opposite is true and the laws sweep too broadly. I believe, however, that special rules to deal ...


"Learning" Research And Legal Education: A Brief Overview And Selected Bibliographical Survey, Donald J. Kochan Mar 2011

"Learning" Research And Legal Education: A Brief Overview And Selected Bibliographical Survey, Donald J. Kochan

Donald J. Kochan

At its core, education is about learning. Every educator, legal or otherwise, must at the same time be both a teacher and a student in the learning enterprise. Luckily, there is a wide literature to help us in these roles and it is growing every day. It should be a goal of every legal educator to appreciate this area of scholarship, understand its breadth and importance, and engage with it in our teaching and writing. This research overview aims to aid the legal educator seeking to learn about learning and access tools for self-improvement. It also provides some preliminary assistance ...


And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard Mar 2011

And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard

University of Richmond Law Review

No abstract provided.


Collaborating To Deter Potential Public Enemies: Social Science And The Law, Elizabeth F. Loftus, Gilbert Geis Mar 2011

Collaborating To Deter Potential Public Enemies: Social Science And The Law, Elizabeth F. Loftus, Gilbert Geis

UC Irvine Law Review

No abstract provided.


El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva Feb 2011

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Sticky Metaphors And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Elise J. Percy, Joseph L. Hoffman, Steven J. Sherman Feb 2011

Sticky Metaphors And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Elise J. Percy, Joseph L. Hoffman, Steven J. Sherman

University of Michigan Journal of Law Reform

This Article begins with a curious puzzle: Why has the traditional voluntary manslaughter doctrine in criminal law-the so-called "heat of passion" defense to a charge of murder-proven so resistant to change, even in the face of more than a half-century of seemingly compelling empirical and normative arguments in favor of doctrinal reform? What could possibly account for the traditional doctrine's surprising resilience? In this Article, we propose a solution to this puzzle. The Article introduces a new conceptual theory about metaphor-the "sticky metaphor" theory-that highlights an important aspect of metaphorical language and metaphorical thought that has been almost completely ...


Risky Business Versus Overt Acts: What Relevance Do Actuarial, Probabilistic Risk Assessments Have For Judicial Decisions On Involuntary Psychiatric Hospitalization, Douglas Mossman Md Jan 2011

Risky Business Versus Overt Acts: What Relevance Do Actuarial, Probabilistic Risk Assessments Have For Judicial Decisions On Involuntary Psychiatric Hospitalization, Douglas Mossman Md

Faculty Lectures and Presentations

Recently, several authors have suggested that only by incorporating findings from actuarial risk assessment instruments (ARAIs) can mental health experts provide evidence-based testimony in mental health commitment hearings. Determining eligibility for involuntary hospitalization seems like an appropriate, natural, obvious application of ARAIs. Similar instruments are used frequently in decision-making about sex offender commitments, where (as with mental health commitment) social policy ostensibly aims to protect the public from harmful acts by persons with mental abnormalities. Also, all evidence suggests that actuarial techniques for judging dangerousness are superior to other methods of assessing the risk of future violence.

Yet in many ...