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Articles 391 - 420 of 2188
Full-Text Articles in Law and Psychology
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
Sounds Of Silence: A Thematic Analysis Of Victim Impact Statements, Tali Gal, Ruthy Lowenstein Lazar
Sounds Of Silence: A Thematic Analysis Of Victim Impact Statements, Tali Gal, Ruthy Lowenstein Lazar
Lewis & Clark Law Review
The Victim Impact Statement (VIS) is a legal document that crime victims submit to the court as part of the sentencing stage, informing the court about the harms they have suffered. The VIS enhances victims’ sense of procedural justice, voice, and inclusion in the process, as well as their overall wellbeing. At the same time, their use raises concern about defendants’ due process rights. The Article argues that VISs make a novel contribution to the criminal proceeding, beyond their formal goals of providing information to the court about the impact of the crime on its victims. Using a thematic analysis …
Model Legal Processes For Court Ordered Mental Health Treatment - A Modern Approach, Brian D. Shannon
Model Legal Processes For Court Ordered Mental Health Treatment - A Modern Approach, Brian D. Shannon
FIU Law Review
The United States Conference of Chief Justices and Conference of State Court Administrators established the National Judicial Task Force to Examine State Courts’ Response to Mental Illness in 2019. As part of its overall efforts, the National Judicial Task Force then partnered with the Equitas Project of Mental Health Colorado to appoint a select workgroup to develop model statutory language for court-ordered mental health treatment, emergency psychiatric intervention, medication over objection, and criminal matters involving persons with mental illness. This Model Legal Processes Workgroup included judges, psychiatrists, medical school professors, law professors, and others whose goal was to draft model …
In These Times Of Compassion When Conformity’S In Fashion: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization And Support Vulnerable Persons In The Legal Process, Michael L. Perlin
Articles & Chapters
In this paper, I consider the extent to which caselaw has – either explicitly or implicitly – incorporated the precepts of therapeutic jurisprudence (TJ), a school of legal thought that focuses on the law’s influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people’s lives. Two of the core tenets of TJ in practice are commitments to dignity and to compassion. I conclude ultimately that, with these principles as touchstones, TJ can be an effective tool – perhaps the most effective tool - in rooting out bias, limiting polarization, …
The Role Of Suspect Development Practices In Eyewitness Identification Accuracy And Racial Disparities In Wrongful Conviction, Margaret Bull Kovera
The Role Of Suspect Development Practices In Eyewitness Identification Accuracy And Racial Disparities In Wrongful Conviction, Margaret Bull Kovera
Publications and Research
This article reviews the three previously studied categories of variables that are related to eyewitness identification accuracy: estimator (characteristics of the witnessing conditions), system (characteristics of the identification procedure that are under the control of the criminal legal system), and reflector (variables that reflect the likely accuracy of a witness). Although eyewitness scholars frequently turn to these variables and models of memory to explain why eyewitnesses make mistakes, none of these variables provides a reasonable explanation for the large racial disparities in wrongful convictions based on mistaken identifications, yet problematic policing practices might. The policies and practices guiding police efforts …
Potential Causes Of Racial Disparities In Wrongful Convictions Based On Mistaken Identifications: Own-Race Bias And Differences In Evidence-Based Suspicion., Jacqueline Katzman, Margaret Bull Kovera
Potential Causes Of Racial Disparities In Wrongful Convictions Based On Mistaken Identifications: Own-Race Bias And Differences In Evidence-Based Suspicion., Jacqueline Katzman, Margaret Bull Kovera
Publications and Research
Objective: We explored whether racial disparities in evidence-based suspicion (i.e., evidence of guilt prior to placement in a lineup) provide a better explanation of racial disparities in exonerations based on eyewitness misidentification than the own-race bias in eyewitness identifications. Hypotheses: We predicted that the own-race bias in identification accuracy would be insufficiently large to fully explain the racial disparities in wrongful convictions in cases with mistaken identification. We also predicted that possible racial disparities in the prior probability of suspect guilt before subjecting suspects to the risk of misidentification might better explain racial disparities in wrongful convictions. Method …
Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey
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 …
Mindset Theory Relates To Attitudes About Prison And Parole Among College Students, Cassandra R. Petersen
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 …
Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters
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 …
Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw
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 …
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, …
From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp
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 …
Using Workplace Personality To Guide Improvement Of Law Enforcement Selection, Chase A. Winterberg, Michael A. Tapia, Bradley J. Brummel
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 …
Reducing Prejudice Through Law: Evidence From Experimental Psychology, Sara Emily Burke, Roseanna Sommers
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 …
Get Your Head In The Game: Gamifying The Bar Examination, Donald E. Campbell
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 …
My Three Criminal Justice Careers, Brisa Sanchez
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.
Wandering Into Psychology And Law, Phoebe C. Ellsworth
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).
Law School News: 'A Very Clear Mission' 08-18-2022, Michael M. Bowden
Law School News: 'A Very Clear Mission' 08-18-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller
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 …
Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore
Public Trauma: Why Utah Should Waive Immunity For Mental Anguish Injuries, Adam Reed Moore
BYU Law Review
No abstract provided.
Poor Writing, Not Specialized Concepts, Drives Processing Difficulty In Legal Language, Eric H. Martinez, Francis Mollica, Edward Gibson
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 …
Lawyers As Caregivers, Paula Schaefer
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 …
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
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.
Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw
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 …
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
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 …
Intellectual Disability, Risk, And Recidivism In An American Sample Of Incarcerated Sexual Offenders, Perry A. Callahan
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. …
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
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 …
The Coercion Of The Trial Penalty, Kristen C. Akin
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% …
The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe
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 …
What Are Victim Impact Statements For?, Susan A. Bandes
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 …