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2022

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Full-Text Articles in Law and Psychology

Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters Dec 2022

Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters

Student Theses

Approximately 90% of justice-involved youth have experienced some form of trauma by the time they become involved in the justice system, and attorneys report being negatively impacted by their work with trauma-exposed populations generally. Yet, research has not focused on how varying degrees of youth trauma can impact attorney decisions and if that differs based on youth race. This study, therefore, explored vicarious trauma and its impact on juvenile defense attorneys, including how an attorney’s experience of vicarious trauma impacts case handling and perception of their youth client and how that differs based on client race and trauma history. We …

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Mindset Theory Relates To Attitudes About Prison And Parole Among College Students, Cassandra R. Petersen Dec 2022

Mindset Theory Relates To Attitudes About Prison And Parole Among College Students, Cassandra R. Petersen

Theses/Capstones/Creative Projects

The maintenance of prosocial relationships has been strongly connected to criminal desistance among past offenders. The opinions held by the community shape the prejudice often encountered by those with a criminal record. To promote desistance, we must understand how criminals and their abilities are considered by the public. In this study, 69 college students were surveyed about the United States prison and parole system in conjunction with Dweck’s mindset theory. Along with explicit questions, an Implicit Associations Test (IAT) was employed to measure unconscious associations between mentality and punishment preference. The IAT revealed that traits of a growth mindset were …

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From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp Dec 2022

From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Shame permeates the experience of intimate partner violence (IPV). People who perpetrate IPV commonly use tactics designed to cause shame in their partners, including denigrating their dignity, undermining their autonomy, or harming their reputation. Many IPV survivors report an abiding sense of shame as a result of their victimization—from a lost sense of self, to self-blame, to fear of (or actual) social judgment. When seeking help for abuse, many survivors are directed to, or otherwise encounter, persons or institutions that reinforce rather than mitigate their shame. Survivors with marginalized social identities often must contend not only with the shame of …

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Perception Of Police And The Mediation Of Memory Distortion Via Trauma: Body Worn Camera Footage Of An Emotional Police-Citizen Encounter, Arlyn Abreu Dec 2022

Perception Of Police And The Mediation Of Memory Distortion Via Trauma: Body Worn Camera Footage Of An Emotional Police-Citizen Encounter, Arlyn Abreu

Student Theses

This present study calls to question the objectivity of police body-worn camera (BWC) footage. Proponents assume that BWCs will be a panacea in a climate of heightened tensions between officers and communities. In spite of this, our findings challenge the rhetoric, and the purpose BWC is intended to serve. We explored its implications on memory distortion by posing two questions (a) can people come to remember BWC footage as more traumatic than they initially experienced (b) to what degree can external information and internal influences impact peoples' judgment about a traumatic event. We addressed both questions in this two-part study, …

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Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey Dec 2022

Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey

Fordham Law Review

The right to free speech is a strongly protected constitutional right under the First Amendment to the U.S. Constitution. In 2010, the U.S. Supreme Court significantly expanded free speech protections for corporations in Citizens United v. FEC. This case prompted the question: could other nonhuman actors also be eligible for free speech protection under the First Amendment? This inquiry is no longer a mere intellectual exercise: sophisticated artificial intelligence (AI) may soon be capable of producing speech. As such, there are novel and complex questions surrounding the application of the First Amendment to AI. Some commentators argue that AI …

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Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw Dec 2022

Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw

Student Theses

The present research explores whether inducing empathy in death-qualified mock jurors leads to fewer death sentences in a penalty phase trial. Previous research has shown that inducing empathy in jurors leads to lesser sentences and perceived responsibility of the perpetrator for the crime. However, none of this research has examined death penalty cases, and most have focused on instances where the victim was also the perpetrator of a separate crime against the defendant (e.g., abuse). Extending this line of research, the present study examines whether these results extend to instances where the perpetrator and victim are strangers. Additionally, considering the …

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Using Workplace Personality To Guide Improvement Of Law Enforcement Selection, Chase A. Winterberg, Michael A. Tapia, Bradley J. Brummel Nov 2022

Using Workplace Personality To Guide Improvement Of Law Enforcement Selection, Chase A. Winterberg, Michael A. Tapia, Bradley J. Brummel

Personnel Assessment and Decisions

Recurrent police-public conflict suggests misalignment in desired police behavior between police and the public. We explored differences in desired police characteristics between police and members of the American public. Although racial minorities endorsed more negative attitudes of police overall, we found no meaningful differences in desired police characteristics between police and the public or between racial minority and majority participants. Second, we combined multiple criterion-related validation studies in similar jobs via meta-analyses and synthetic validity analyses to identify personality predictors of police performance dimensions. Third, we assessed base rates and adverse impact of these personality characteristics in police. Incumbent officers …

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Get Your Head In The Game: Gamifying The Bar Examination, Donald E. Campbell Oct 2022

Get Your Head In The Game: Gamifying The Bar Examination, Donald E. Campbell

MC Law Review

During a recent administration of the bar examination, I observed the following: a student who had a child ten days before the exam passed; a student on law review failed; a student whose predictors indicated he should fail the bar exam passed; two students who were in the library every day studying failed. Even though these folks were all taking the same exam, their outcomes varied dramatically, and there did not seem to be a common variable that predicted whether they would pass or fail. My first inclination was to throw up my hands in frustration and chalk it up …

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Reducing Prejudice Through Law: Evidence From Experimental Psychology, Sara Emily Burke, Roseanna Sommers Oct 2022

Reducing Prejudice Through Law: Evidence From Experimental Psychology, Sara Emily Burke, Roseanna Sommers

Articles

Can antidiscrimination law effect changes in public attitudes toward minority groups? Could learning, for instance, that employment discrimination against people with clinical depression is legally prohibited cause members of the public to be more accepting toward people with mental health conditions? In this Article, we report the results of a series of experiments that test the effect of inducing the belief that discrimination against a given group is legal (versus illegal) on interpersonal attitudes toward members of that group. We find that learning that discrimination is unlawful does not simply lead people to believe that an employer is more likely …

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My Three Criminal Justice Careers, Brisa Sanchez Sep 2022

My Three Criminal Justice Careers, Brisa Sanchez

Undergraduate Scholarly Works

This undergrad research paper is about the basics of the three components of criminal justice careers and the careers and salaries they do for a living.

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Wandering Into Psychology And Law, Phoebe C. Ellsworth Sep 2022

Wandering Into Psychology And Law, Phoebe C. Ellsworth

Book Chapters

Some people have a passion for a single topic that motivates and engages them for life. I’m not one of them. I can get interested in almost anything, and my career looks more like a random walk through a candy store than a single-minded pursuit of a goal. I am both a theorist and researcher in the field of emotion and a contributor to the application of psychology to legal issues. In this piece I will focus on my work in psychology and law. A review of my research on emotion can be found in Ellsworth and Scherer (2003).

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Law School News: 'A Very Clear Mission' 08-18-2022, Michael M. Bowden Aug 2022

Law School News: 'A Very Clear Mission' 08-18-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

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The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller Aug 2022

The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller

Masters Theses & Specialist Projects

This study sought to determine the relationship between True Crime Media (TCM) or pretrial publicity (PTP) consumption and jurors' criminal justice orientations. This study also looked at dispositional empathy, right-wing authoritarianism, the need for affect, and the need for cognition as potential moderators. It was hypothesized that the more TCM and PTP consumed, the more participants will lean toward crime control ideologies. It was also hypothesized that the more TCM and PTP consumed, the higher participants would score on right-wing authoritarian viewpoints, on dispositional empathy, and on need for cognition. Participants were presented with a screening question of, "Do you …

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Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore Jul 2022

Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore

BYU Law Review

No abstract provided.

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Poor Writing, Not Specialized Concepts, Drives Processing Difficulty In Legal Language, Eric H. Martinez, Francis Mollica, Edward Gibson Jul 2022

Poor Writing, Not Specialized Concepts, Drives Processing Difficulty In Legal Language, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Despite their ever-increasing presence in everyday life, contracts remain notoriously inaccessible to laypeople. Why? Here, a corpus analysis (n ≈10 million words) revealed that contracts contain startlingly high proportions of certain difficult-to-process features–including low-frequency jargon, center-embedded clauses (leading to long-distance syntactic dependencies), passive voice structures, and non-standard capitalization–relative to nine other baseline genres of written and spoken English. Two experiments (N=184) further revealed that excerpts containing these features were recalled and comprehended at lower rates than excerpts without these features, even for experienced readers, and that center-embedded clauses inhibited recall more-so than other features. These findings (a) undermine …

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Lawyers As Caregivers, Paula Schaefer Jun 2022

Lawyers As Caregivers, Paula Schaefer

St. Mary's Journal on Legal Malpractice & Ethics

This Article argues that clients—much like patients in a healthcare setting—need their lawyers to be caregivers. The Article opens by developing a definition of caregiving in medicine and law. It then turns to five key components of caregiving in medicine, explaining the substantial research that this care is crucial for patient satisfaction, trust, and healing. Medical educators have drawn on this research to better prepare medical professionals to be excellent caregivers. The Article then explores the evidence that an attorney’s clients have the same needs and suffer similar harm when attorneys fail to meet these needs. Next, the Article turns …

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The Doctor Will See You Now: The Fourth Circuit Revives The Juvenile Detainee's Right To Treatment By Adopting The Professional Judgment Standard In Doe 4, Matthew Skolnick Jun 2022

The Doctor Will See You Now: The Fourth Circuit Revives The Juvenile Detainee's Right To Treatment By Adopting The Professional Judgment Standard In Doe 4, Matthew Skolnick

Villanova Law Review (1956 - )

No abstract provided.

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Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw Jun 2022

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …

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Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams Jun 2022

Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams

Journal of Law and Policy

American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …

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Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta Jun 2022

Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta

Journal of Law and Policy

The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …

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Intellectual Disability, Risk, And Recidivism In An American Sample Of Incarcerated Sexual Offenders, Perry A. Callahan Jun 2022

Intellectual Disability, Risk, And Recidivism In An American Sample Of Incarcerated Sexual Offenders, Perry A. Callahan

Student Theses

Research suggests that intellectual disabilities (ID) are prevalent among people who sexually offend. Those with ID may differ from their non-disabled counterparts with regard to risk factors associated with recidivism. Additionally, actuarial measures of risk, which are used to make determinations on sentencing and civil commitment, appear to differ in their predictive accuracy among individuals with and without ID. Despite this, little data exists on recidivism in this population, particularly among incarcerated individuals in the United States. The present study sought to compare individuals with and without ID on rates of re-offense, actuarial risk scores, and rates of civil commitment. …

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The Coercion Of The Trial Penalty, Kristen C. Akin May 2022

The Coercion Of The Trial Penalty, Kristen C. Akin

Student Theses

Prosecutors, defendants, and defense attorneys must make decisions as to whether to accept a plea offer or proceed to trial every day. Approximately 95% of state and federal convictions result from guilty pleas (Redlich et al., 2017; Thaxton, 2013; Gazal-Ayal & Tor, 2012; Redlich & Shteynberg, 2016; Edkins, 2011; Weatherly & Kehn, 2013; Helm et al., 2018; Gregory et al., 1978). Some estimate this number to be as high as 97% to 99% (Redlich & Bonventre, 2015; Helm et al., 2018). It is also estimated that every two seconds a defendant pleads guilty (Redlich & Bonventre, 2015). In 1980, 19% …

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The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe May 2022

The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe

Brooklyn Law Review

Victimization makes people more likely to harm others, and vice versa. In short, “hurt people hurt people.” This victim/offender overlap is especially pronounced in sexual and violent offenses. Unfortunately, the criminal law continues to imagine victims and offenders in two different and mutually exclusive categories, each rigidly defined and morally laden. I first encountered this phenomenon while representing teenagers termed “crossover youth” due to their being both in the foster care system and the juvenile criminal system, and was surprised to find so little on this topic in the criminal law literature. Beginning to fill this gap is an important …

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What Are Victim Impact Statements For?, Susan A. Bandes May 2022

What Are Victim Impact Statements For?, Susan A. Bandes

Brooklyn Law Review

In Payne v. Tennessee, the US Supreme Court upheld the admission of victim impact statements (VIS) on the ground that they provide valuable information to the sentencer. In the three decades since, two additional rationales for VIS have become ascendant: most prominently, a therapeutic rationale, and more recently, a public education rationale. In this article, I expand upon my critiques of the informational and therapeutic rationales in light of a growing body of empirical evidence about how VIS affect both sentencers and crime victims. Focusing on the powerful and viral VIS delivered at the Larry Nassar guilty plea hearings and …

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Children’S Ability To Understand And Respond To Wh- Questions About The Mechanics Of Abuse, Kaileigh P. Conti May 2022

Children’S Ability To Understand And Respond To Wh- Questions About The Mechanics Of Abuse, Kaileigh P. Conti

Student Theses

One type of forensically-relevant information that can be difficult to obtain is that pertaining to the “mechanics of abuse.” More specifically, information that includes the descriptions of body positioning and clothing placement. Generally, the recommended strategy for questioning children in legal and forensic settings is to use broad invitations (e.g., “Tell me everything that happened”) and wh- questions (e.g., who, what, where, when, why, how). However, when it comes to the mechanics of abuse, there is some conflicting evidence. Some research suggests open-ended wh- questions are best in cases where the mechanics are hard to describe (e.g., intermediate clothing placement) …

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Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte May 2022

Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte

University of Cincinnati Law Review

No abstract provided.

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Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo May 2022

Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo

University of Miami Race & Social Justice Law Review

Children are often regarded as the most sacred beings in all of society—appealing to our collective sense of human dignity and protecting the most vulnerable. Mothers fiercely protecting their young children from perceived dangers is ostensibly a natural and moral response. This notion of the loving mother is in stark contrast to filicide, or the act of a parent murdering their child. It is a bedrock principle of the American criminal-justice system that a defendant is not responsible for their actions if the defendant was “laboring under such a defect of reason, from a disease of the mind, as not …

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Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry May 2022

Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry

Honors Theses

This thesis will discuss Juvenile Life Without Parole sentencing (JLWOP) from three perspectives: (1) the evolving standard of decency as developed through relevant U.S. Supreme Court cases; (2) the cognitive and psychosocial development of adolescents that creates reduced culpability in juvenile offenders; and (3) the justifications and implications of punishment as-applied to juvenile offenders. In my fourth chapter, I argue that JLWOP sentencing disregards the humanity and transformable nature of juvenile offenders. I will then draw a parallel between the implications of a juvenile offender's underdeveloped cognitive functions on their decision-making processes and the implications of a trial judge's underdeveloped …

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Demystifying Mindreading For The Law, Teneille R. Brown May 2022

Demystifying Mindreading For The Law, Teneille R. Brown

Utah Law Faculty Scholarship

To lawyers, mindreading conjures up flamboyant images of crystal balls or charlatans. However, it is a deeply serious endeavor for the law. The primary role of fact-finders in civil, criminal, and administrative trials in the United States is to serve as highly-regulated mind readers—to listen to the testimony and decide whether the witnesses are credible and telling the truth. Because it can be so easily biased, we must directly acknowledge how jurors and judges (in addition to voters and employers) automatically and imperfectly read minds. We must remove the “mystique of mindreading,” and see how ordinary assessments of mental states …

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Diagnostic Featural Detection Or Filler Siphoning: A Red Box Study, Brynn Schuetter May 2022

Diagnostic Featural Detection Or Filler Siphoning: A Red Box Study, Brynn Schuetter

Psychological Science Undergraduate Honors Theses

The current study is a replication and extension of previous research by Colloff and Wixted (2020). In their study, they created a novel identification procedure called the simultaneous showup. They found support for the diagnostic feature detection theory over the filler siphoning theory. The current study was interested in seeing if covert filler siphoning was still occurring in their novel procedure by asking participants how photos of fillers influenced their identification decision. Participants of the study viewed two crime videos and completed an identification task. If they were assigned to the simultaneous showup task, they were asked if and how …

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