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An Evidence Review Of Behavioural Economics In The Justice Sector, Brian Barry, Lucia Morales, Aiden Carthy
An Evidence Review Of Behavioural Economics In The Justice Sector, Brian Barry, Lucia Morales, Aiden Carthy
Articles
Behavioural economics combines elements of economics and psychology to better understand how and why people behave the way they do in the real world. While behavioural economics originally sought to better understand economic decision-making, it has since grown in scope and application, and it is increasingly used by governments, government departments and other organisations to shape and implement public policies in a range of policy areas. This Review considers the application of behavioural economics theories and concepts (commonly referred to as behavioural insights) to the justice sector in a range of areas of justice policy in different jurisdictions. Areas of …
Reframing Hate, Lu-In Wang
Reframing Hate, Lu-In Wang
Articles
The concept and naming of “hate crime,” and the adoption of special laws to address it, provoked controversy and raised fundamental questions when they were introduced in the 1980s. In the decades since, neither hate crime itself nor those hotly debated questions have abated. To the contrary, hate crime has increased in recent years—although the prominent target groups have shifted over time—and the debate over hate crime laws has reignited as well. The still-open questions range from the philosophical to the doctrinal to the pragmatic: What justifies the enhanced punishment that hate crime laws impose based on the perpetrator’s motivation? …
Infected Judgment: Legal Responses To Physician Bias, Mary Crossley
Infected Judgment: Legal Responses To Physician Bias, Mary Crossley
Articles
Substantial evidence indicates that clinically irrelevant patient characteristics, including race and gender, may at times influence a physician's choice of treatment. Less clear, however, is whether a patient who is the victim of a biased medical decision has any effective legal recourse. Heedful of the difficulties of designing research to establish conclusively the role of physician bias, this article surveys published evidence suggesting the operation of physician bias in clinical decision making. The article then examines potential legal responses to biased medical judgments. A patient who is the subject of a biased decision may sue her doctor for violating his …