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Articles 151 - 180 of 241
Full-Text Articles in Law and Psychology
The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers
The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers
Michigan Law Review
A Review of Accusations of Child Sexual Abuse by Hollida Wakefield and Ralph Underwager., The Battle and the Backlash: The Child Sexual Abuse War by David Hechler., On Trial: America's Courts and Their Treatment of Sexually Abused Children by Billie Wright Dziech and Chales B. Schudson.
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier
Articles
Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Articles
Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …
Legality And Empathy, Lynne N. Henderson
Legality And Empathy, Lynne N. Henderson
Michigan Law Review
This article rejects the assumption that legality - by which I mean the dominant belief system about the Rule and role of Law - and empathy are mutually exclusive concepts. Failure to recognize the phenomenon of empathy explicitly in legal decisions more generally may result from a fear of the emotional realm as irrational, rather than a rational. It may stem from a belief that the divide between "subject" and "object" is uncrossable. The resistance to empathy may be attributable to the adversarial ideology acquired during law school understanding the adversary is not important unless it serves one's instrumental …
Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla
Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla
University of Michigan Journal of Law Reform
The federal government and many states already provide psychiatric assistance to indigent defendants pleading insanity. Michigan's statutory scheme for delivering this service presents an opportunity to evaluate an approach that generally favors defendant interests in areas left unresolved by Ake. This Note undertakes that evaluation. Part I summarizes the Ake decision, key problem areas, and the research methodology. Part II describes the Michigan statutory system. Part III evaluates that system using data from interviews with legal and psychiatric practitioners and considers the consequences of Michigan's approach to the issues posed by Ake. The evaluation shows that Michigan's system …
Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner
Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner
Michigan Law Review
A Review of Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation by Jay Folberg and Alison Taylor
Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review
Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review
Michigan Law Review
A Review of Born to Crime: The Genetic Causes of Criminal Behavior by Lawrence Taylor
A Rational Approach To Responsibility, Christopher Slobogin
A Rational Approach To Responsibility, Christopher Slobogin
Michigan Law Review
A Review of Law and Psychiatry: Rethinking the Relationship by Michael S. Moore
Understanding The Jury With The Help Of Social Science, Stephen Saltzburg
Understanding The Jury With The Help Of Social Science, Stephen Saltzburg
Michigan Law Review
A Review of Inside the Jury by Reid Hastie, Steven Penrod and Nancy Pennington
The Theory And Practice Of Civil Commitment, Andrew Scull
The Theory And Practice Of Civil Commitment, Andrew Scull
Michigan Law Review
A Review of The Court of Last Resort: Mental Illness and the Law by Carol A.B. Warren, contributions by Stephen J. Morse and Jack Zusman
The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review
The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review
Michigan Law Review
A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross
Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch
Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch
Michigan Law Review
A Review of Madness and the Criminal Law by Norval Morris
Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review
Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review
Michigan Law Review
A Review of Reconstructing Reality in the Courtroom: Justice and Judgement in American Culture by W. Lance Bennett and Martha S. Feldman
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Michigan Law Review
A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
University of Michigan Journal of Law Reform
Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …
A Tremor In The Blood: Uses And Abuses Of The Lie Detector, Michigan Law Review
A Tremor In The Blood: Uses And Abuses Of The Lie Detector, Michigan Law Review
Michigan Law Review
A Review of A Tremor in the Blood: Uses and Abuses of the Lie Detector by David Thoreson Lykken
Mental Health Law: Major Issues, Michigan Law Review
Mental Health Law: Major Issues, Michigan Law Review
Michigan Law Review
A Review of Mental Health Law: Major Issues by David B. Wexler
Comments On Parfit, Donald H. Regan
Comments On Parfit, Donald H. Regan
Articles
I will begin by saying that I am persuaded by most of Derek's claims and arguments. That may tend to make for rather uninteresting commentary, but I shall try to find something to say. I shall offer only one criticism of the main part of Derek's paper, and then I shall discuss at somewhat greater length the questions he raises in the last section of his paper. In the main body of the paper, Derek attempts to prove that if we accept what he calls the Complex View of personal identity, then we must abandon what he calls the Equal …
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Michigan Law Review
This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.
Business Decisions By The New Board: Behavioral Science And Corporate Law, Robert J. Haft
Business Decisions By The New Board: Behavioral Science And Corporate Law, Robert J. Haft
Michigan Law Review
This Article's thesis is that, by reason of its recently secured independence from management domination, the boards of directors of large American corporations are now in a unique position to make business decisions of the highest quality, and that corporate law should respond to this potential appropriately. On the basis of findings in the behavioral sciences, this Article urges a limited rethinking of the role of the chief executive and the board of directors before the model of directors as "monitors" of the chief executive's performance is frozen in place. Already armed with information supposedly received as monitors, the independent …
Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review
Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review
Michigan Law Review
A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman
Judgment Non Obstantibus Datis, Reid Hastie
Judgment Non Obstantibus Datis, Reid Hastie
Michigan Law Review
A Review of Jury Trials by John Baldwin and Michael McConville
Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review
Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review
Michigan Law Review
A Review of Beating a Rap? Defendants Found Incompetent To Stand Trial by Henry J. Steadman
Psycholegal Research: Past And Present, Wallace D. Loh
Psycholegal Research: Past And Present, Wallace D. Loh
Michigan Law Review
A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf
Mental Disabilities And Criminal Responsibility, Michigan Law Review
Mental Disabilities And Criminal Responsibility, Michigan Law Review
Michigan Law Review
A Review of Mental Disabilities and Criminal Responsibility by Herbert Fingarette and Ann Fingarette Hasse
The Uses Of Psychiatry In The Law: A Clinical View Of Forensic Psychiatry, Michigan Law Review
The Uses Of Psychiatry In The Law: A Clinical View Of Forensic Psychiatry, Michigan Law Review
Michigan Law Review
A Review of The Uses of Psychiatry in the Law: A Clinical View of Forensic Psychiatry by Walter Bromberg
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
Michigan Law Review
A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman
On Tapp (And Levine), Michael J. Saks
On Tapp (And Levine), Michael J. Saks
Michigan Law Review
A Review of Law, Justice, and the Individual in Society: Psychological and Legal Issues edited by June Louin Tapp and Felice J. Levine
The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic
The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic
University of Michigan Journal of Law Reform
This article will assess the constitutionality of the statute providing for a GBMI verdict by examining the likely, impact of this statute on the constitutional rights of legally insane defendants. Part I will briefly outline the relevant provisions of the GBMI statute. Part II will consider whether legally insane defendants have a constitutional right to an insanity defense. Part III will then argue that some defendants, though legally insane at the time they committed allegedly criminal acts, will nevertheless be found GBMI rather than NGRI.
Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert
Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert
Articles
This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …