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Psychology

2004

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Full-Text Articles in Law

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan Dec 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan Dec 2004

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …


Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan Nov 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Broken Scales: Obesity And Justice In America, Adam Benforado, Jon Hanson, David Yosifon Oct 2004

Broken Scales: Obesity And Justice In America, Adam Benforado, Jon Hanson, David Yosifon

Faculty Publications

This Article is not so much about the scales we use to measure weight, but the scales we use to infer causation and assign responsibility-including the scales of justice. Ultimately, the problem we face is not obesity itself. Obesity is only a symptom of the problem. When scientists and public health experts point to various environmental agents-whether larger portion sizes, corn subsidies, video games, or urban sprawl-they, too, overlook the deeper source of our troubles. Our real problem is that we have an extremely difficult time seeing and understanding the role of unseen features in our environment and within us …


7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon Aug 2004

7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon

Thomas D. Lyon

A recent U.S. Supreme Court case is sure to have a major impact on the prosecution of family violence cases in which the victim fails to testify at trial.  A number of states have special hearsay exceptions for statements from victims of spouse abuse and child abuse.  Those exceptions often allow the statements into evidence even when the victim does not testify (usually with additional requirements, such as corroborative evidence or a finding that the statement has "indicia of reliability").  The U.S. Supreme Court has recently held that if the victim does not testify, "testimonial" hearsay is inadmissible unless the …


The Personality Of U.S. Supreme Court Justice Clarence Thomas, Aubrey Immelman, Jamie Thielman Jul 2004

The Personality Of U.S. Supreme Court Justice Clarence Thomas, Aubrey Immelman, Jamie Thielman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of U.S. Supreme Court associate justice Clarence Thomas, from the conceptual perspective of Theodore Millon.

Information concerning Justice Thomas was collected from biographical sources, speeches, and published reports and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM-IV.

The personality profile yielded by the MIDC was analyzed on the basis of interpretive guidelines provided in the MIDC and Millon Index of Personality Styles manuals. Justice …


Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson Jun 2004

Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson

All Faculty Scholarship

Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal …


Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas Jun 2004

Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas

All Faculty Scholarship

Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …


Casting Health Messages In Terms Of Responsibility For Dietary Change: Increasing Fruit And Vegetable Consumption, Pamela Williams-Piehota, Ashley R. Cox, Stephanie A. Navarro Silvera, Linda Z. Mowad, Sharon Garcia, Nicole A. Katulak, Peter Salovey May 2004

Casting Health Messages In Terms Of Responsibility For Dietary Change: Increasing Fruit And Vegetable Consumption, Pamela Williams-Piehota, Ashley R. Cox, Stephanie A. Navarro Silvera, Linda Z. Mowad, Sharon Garcia, Nicole A. Katulak, Peter Salovey

Department of Public Health Scholarship and Creative Works

Objective

To compare the effectiveness of messages emphasizing the importance of either personal or social responsibility for dietary behavior change in increasing fruit and vegetable intake.

Design/Setting

Randomly assigned individually or socially oriented messages were delivered at baseline, 1 week, and 2 and 3 months later. Telephone surveys were conducted at baseline and 1 and 4 months later.

Participants

528 callers to a cancer information hotline who were not meeting the “5 A Day” dietary recommendation.

Interventions

A brief telephone-delivered message and 3 mailings of pamphlets and promotional items encouraging fruit and vegetable intake that emphasized either personal or social …


Cognitive Ability Testing And Selection: A Review Of Court Decisions Since 1991, Leslie Pedigo May 2004

Cognitive Ability Testing And Selection: A Review Of Court Decisions Since 1991, Leslie Pedigo

Masters Theses & Specialist Projects

Cognitive ability testing is utilized by many organizations in the selection process. Historically, cognitive ability testing has resulted in group differences in scores, particularly between Caucasians and African-Americans. Such group differences can result in adverse impact. This impact can lead to legal ramifications for the organization utilizing the cognitive ability test. The present study examined ten factors to determine their relationship to the findings of the courts in cases involving cognitive ability tests. The factors examined were gender of the plaintiff, reason for the lawsuit, workplace setting, group or individual plaintiffs, standardadized versus unstandardized tests, validation of the tests, development …


Biotechnology And The Law: A Consideration Of Intellectual Property Rights And Related Social Issues, Michael D. Mehta Mar 2004

Biotechnology And The Law: A Consideration Of Intellectual Property Rights And Related Social Issues, Michael D. Mehta

The University of New Hampshire Law Review

[Excerpt] “Recent advances in biotechnology are expected by many to improve crop yield, reduce reliance on agricultural inputs like pesticides and herbicides, alleviate world hunger, improve the safety and effectiveness of pharmaceuticals, assist in the discovery of genes that trigger diseases like cancer, and make more efficient our legal institutions through DNA testing. Clearly, innovations in biotechnology are a powerful force for social change, and they pose unique challenges and opportunities for legal scholars and institutions. This section of the Pierce Law Review focuses on the interface between law and technology by examining how innovations in biotechnology accelerate debates about …


The Relationship Between Juvenile Delinquency And Family Unit Structure, Angela D. Mullens Jan 2004

The Relationship Between Juvenile Delinquency And Family Unit Structure, Angela D. Mullens

Theses, Dissertations and Capstones

The purpose of this study was to investigate the relationship between parental absence and juvenile delinquency and to determine if a link exists between the two variables. Data was collected from male juveniles who were alleged to have committed status or delinquent offenses between 1996 and 2004. Each offense was categorized according to the family unit (e.g., intact, father only, mother only, etc.), offense type (e.g., underage consumption, petit larceny, breaking and entering, etc.), offense level (e.g., status misdemeanor, and felony), the victim (e.g., crimes against the person, crimes against property, etc.) and the juvenile’s age at the time the …


Generalizing Disability, Michael Ashley Stein Jan 2004

Generalizing Disability, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler Jan 2004

The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler

All Faculty Scholarship

Predictability in civil and criminal sanctions is generally understood as desirable. Conversely, unpredictability is condemned as a violation of the rule of law. This paper explores predictability in sanctioning from the point of view of efficiency. It is argued that, given a constant expected sanction, deterrence is increased when either the size of the sanction or the probability that it will be imposed is uncertain. This conclusion follows from earlier findings in behavioral decision research and the results of an experiment conducted specifically to examine this hypothesis. The findings suggest that, within an efficiency framework, there are virtues to uncertainty …


An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately Jan 2004

An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately

Theses : Honours

The increase of divorce in Australia is creating a social phenomenon for family researchers. Many families resolve disputes regarding children in the Family Courts, however due to the protracted litigation process many partners will have repartnered. Little is understood about how bureaucratic systems impact upon the experience of stepparents. These decisions might very well impact on the stepparents own new lifestyle and relationship, placing an additional burden on themselves and the stepfamily. The purpose of this review is to explore the literature pertaining to the issues surrounding repartnering and the Family Court process in order to illustrate how this invisibility …


Mock Jurors' Judgements Of The Victim, Crime And Defendant As A Function Of Victim Race And Deliberation, Lynley V. Poli Jan 2004

Mock Jurors' Judgements Of The Victim, Crime And Defendant As A Function Of Victim Race And Deliberation, Lynley V. Poli

Theses: Doctorates and Masters

Extra-legal variables are factors within a trial that are logically irrelevant to the determination of a verdict. They are deemed extra-legal they are extra to the law and are not prescribed in the relevant statutes upon which the relevant issue must be decided. Research investigating judicial decision-making, however, demonstrates that extra-legal variables often affect jurors' judgements and improperly influence their decision-making. Examples of extra-legal variables include the personal attributes of trial participants, e.g., the victim's physical attractiveness, socio-economic status, and age. Studies conducted in North America indicate that the race of the victim and defendant inappropriately influences jurors' decision-making. However, …


Mental Disorder Labelling As An Extralegal Variable In Mock Jury Deliberations, Kristin B. Wallengren Jan 2004

Mental Disorder Labelling As An Extralegal Variable In Mock Jury Deliberations, Kristin B. Wallengren

Theses: Doctorates and Masters

Previous research has shown that a number of characteristics of trial participants (extralegal variables) can and do influence juror’s judgements. This is of importance as only the legally relevant facts of the case should be considered during a trial. The present study investigates the influence of victim characteristics on the juror decision making process during deliberation and the judgements made about the victim, crime and defendant in a mock jury setting, as well as investigating mock juror gender differences. A representative sample of people eligible for jury duty in Western Australia viewed a video vignette depicting a trial, in which …


The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas Jan 2004

The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon Dec 2003

6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon

Thomas D. Lyon

Many experts in child sexual abuse likely view the Michael Jackson molestation case with disgust. The case is colored by the media circus, the major players' motives for money and publicity, and the sometimes prurient, sometimes morbid fascination the public has with allegations they view as bizarre and improbable.


The Ethical Dilemmas Of Communicating A University's Job Placement Rate: Legal Obligation Or Moral Responsibility, Oscar T. Mcknight, Ronald Paugh, Karen Hagans Dec 2003

The Ethical Dilemmas Of Communicating A University's Job Placement Rate: Legal Obligation Or Moral Responsibility, Oscar T. Mcknight, Ronald Paugh, Karen Hagans

Oscar T McKnight Ph.D.

The purpose of this research is to investigate one area of ethical concern in higher education, specifically the reporting of job placement rates. The research discovered such dramatic variations in the way job placement rates were calculated and reported that job placement data become suspect. The ethical concerns of reporting job placement data are discussed in relationship to institutional policies and practices and student expectations