Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean D. O'Brien, Kathleen Wayland
Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean D. O'Brien, Kathleen Wayland
Hofstra Law Review
The article presents practical advice for U.S. defense attorneys on the use of narratives to counter the prejudicial psychiatric labels that prosecutors invoke in capital punishment cases, and it mentions implicit bias and decision-making in law. Cognitive psychology is addressed, along with the use of stereotypes and labels such as psychopathy and Antisocial Personality Disorder in order to generate fear. The admissibility of evidence is examined, along with expert evidence in America.
The Rule Of Law: A Currently Incoherent Idea That Can Be Redeemed Through Virtue, R. George Wright
The Rule Of Law: A Currently Incoherent Idea That Can Be Redeemed Through Virtue, R. George Wright
Hofstra Law Review
The article discusses the author's contention that the rule of law in places such as America can be redeemed through virtue as of 2015, and it mentions inconsistent understandings of the nation's rule of law, as well as several historical contributions from individuals such as the late philosophers Plato and Aristotle regarding the idea of the rule of law. Substantive (positive) legal rights are examined, along with judicial review and prosecutorial discretion.