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Full-Text Articles in Law and Psychology

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) …


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.


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 …


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 …


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 …


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 …


Factors Influencing The Credibility And Believability Of Victims Of Sexual Assault, Stephanie Carlson May 2022

Factors Influencing The Credibility And Believability Of Victims Of Sexual Assault, Stephanie Carlson

Political Science Theses and Capstones

The purpose of this research is to answer the question of which factors that influence the believability of a woman who comes forward to disclose a sexual assault are the most impactful. My methodology consisted of conducting interviews with attorneys who have participated in both the defense and prosecution of criminal sexual conduct cases to evaluate whether the trends revealed in the literature on a macro scale apply to the micro-scale in northern Minnesota. Findings showed that the majority of patterns revealed in the literature did in fact influence the credibility of victims of sexual assault in Beltrami County, Minnesota …


Combating Recidivism, Shaylin Daley May 2022

Combating Recidivism, Shaylin Daley

Senior Honors Projects

SHAYLIN DALEY (Psychology) Combating Recidivism Sponsor: Lisa Holley (Political Science) Many people believe that criminals cannot be helped. It is evident that at least some of society shuns people who break laws and have negative views about the amount of money spent on detaining inmates. Thousands of individuals are released from United States prisons a day. Many of these individuals have no plan in place for their return home and are sent into the streets with nothing except for a jail ID. Most of these people will end up returning to prison. A good sum of these people face problems …


Happily Ever After, Phoebe C. Ellsworth Apr 2022

Happily Ever After, Phoebe C. Ellsworth

Book Chapters

I have been lucky in my upbringing and education, and especially in having advisors who let me do what I wanted to even when they didn’t think it was a good idea. This allowed me to have a deeply rewarding career devoted to two entirely different topics – basic theory and research on emotion, and applied theory and research in psychology and law. My career spanned the period from when women were considered unsuitable for scientific or academic work through the rise of feminism, so although I faced obstacles, the culture was changing quickly enough that my unusual choices soon …


Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack Apr 2022

Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack

School of Law Conferences, Lectures & Events

No abstract provided.


Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell Apr 2022

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - 2021-2024

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.


"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon Apr 2022

"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon

Articles & Chapters

One of the open secrets of death penalty law and policy is the astonishingly high percentage of individuals on death row with serious mental disabilities. This is well known to lawyers who represent this cohort (and presumably, equally well known to the district attorneys who nevertheless prosecute them and the judges who try and sentence them), but is not generally discussed in the press nor, certainly, in political discourse. In the aggregate, this is far beneath society’s radar.

It is now over 14 years since the US Supreme Court decided a case that clarified the underlying issues. In Panetti v. …


Inoculating The Next Generation Of Lawyers: Mandating Substances Use And Mental Health Education For Law Students, Janet Stearns Apr 2022

Inoculating The Next Generation Of Lawyers: Mandating Substances Use And Mental Health Education For Law Students, Janet Stearns

Articles

No abstract provided.


Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell Mar 2022

Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell

Richmond Public Interest Law Review

In a series of decisions concerning child defendants, the United States Supreme

Court has embraced the understanding, based on adolescent brain

development, that the legal system must recognize children are different than

adults concerning criminal culpability and sentencing. That recognition, culminating

in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity

for thousands of individuals across the country, initially sentenced

to death-in-prison sentences when they were minors, to gain a meaningful

opportunity for release. These cases permanently banned mandatory life sentences

for children. In Virginia, the legislature now allows reconsideration

of these cases through hearings before the parole …


Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt Mar 2022

Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt

Minnesota Journal of Law, Science & Technology

No abstract provided.


Collective Cognitive Capital, Emily R. D. Murphy Mar 2022

Collective Cognitive Capital, Emily R. D. Murphy

William & Mary Law Review

This Article calls for a new project for law and neuroscience. It outlines a structural, not individual, application of brain and behavioral science that is aligned with the general goal of basic science research: improving the lives of citizens with a better understanding of the human experience. It asks brain and behavioral science to move explicitly into public policy territory, and specifically onto ground more traditionally occupied by economists—but in ways the project of “behavioral economics” has not yet ventured. Put simply, policy analysts should focus on brains—“collective cognitive capital”—with the same intensity with which they focus on money, rights, …


How To Train Your Supervisor, Kris Franklin, Paula J. Manning Feb 2022

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Pace Law Review

No abstract provided.


Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor Feb 2022

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.


Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit Feb 2022

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.


The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor Feb 2022

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.


Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements Feb 2022

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.


The Association Between Perceptions Of Mental Illness And Law Enforcement’S Training And Treatment Of Individuals With Mental Illness, Melissa L. Bustamante Feb 2022

The Association Between Perceptions Of Mental Illness And Law Enforcement’S Training And Treatment Of Individuals With Mental Illness, Melissa L. Bustamante

Student Theses and Dissertations

The current study obtained information on how police officers handle and improve their knowledge with individuals with mental illness and how certain factors, such as community, media, and perceptions of law enforcement, are potentially associated with how law enforcement handles individuals with mental illness. It is important to capture the law enforcement perspective because some research suggests that officers arrest individuals with mental illness at a higher rate than those who do not. Twelve officers from three local departments in the South were interviewed, with two having issues with the budget for CIT training. Some officers increased their understanding of …


Panel 1: Behavioral Ethics: The Science, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño Feb 2022

Panel 1: Behavioral Ethics: The Science, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño

Villanova Law Review (1956 - )

No abstract provided.


Panel 2: Lessons Learned From Research, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño Feb 2022

Panel 2: Lessons Learned From Research, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño

Villanova Law Review (1956 - )

No abstract provided.


Rural Pregnant Women’S Experiences With Substance Use Disorder: A Qualitative Study, Cami Weber Jan 2022

Rural Pregnant Women’S Experiences With Substance Use Disorder: A Qualitative Study, Cami Weber

Dissertations

Rural pregnant women with substance use disorder (SUD) are an understudied vulnerable population that often experiences poor pregnancy outcomes (Higgins et al., 2019; Jumah, 2016; Kramlich et al., 2018; Shaw et al., 2015). Despite the high prevalence and high burden associated with SUD, rural women are less likely than non-pregnant women to seek addiction treatment and complete an outpatient treatment program during pregnancy (Shaw et al., 2015). This study aimed to give voice to rural Missouri women with SUD. The research questions explored the life experiences and motivations for seeking treatment using a qualitative, descriptive research design with grounded theory …


Monsanto: Creator Of Cancer Liability Jan 2022

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.


Impact Of Corporate Response To Controversial Presidential Statements Or Policies Jan 2022

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.


Modern Law Enforcement Training Based On Four Classic Psychological Experiments, Mkay Bonner, Mark S. Johnson Jan 2022

Modern Law Enforcement Training Based On Four Classic Psychological Experiments, Mkay Bonner, Mark S. Johnson

Contemporary Southern Psychology

Psychology as a discipline is alive and well. Psychology is so much more than just therapy or research with rats. Psychological science is applied to real life in a myriad of ways every day. One excellent example is the use of four classic psychological experiments as a foundation for the Active Bystandership for Law Enforcement (ABLE) training curriculum. This contemporary police training program seeks to reduce harm and improve the national law enforcement culture. The four classic psychological science experiments that are used in this evidence-informed curriculum include Diffusion of Responsibility from Darley and Latane’, the Seminary Experiment from Darley …


Encounters Between The Elderly And Law Enforcement Jan 2022

Encounters Between The Elderly And Law Enforcement

Contemporary Southern Psychology

The elderly population is growing dramatically throughout the world. Out of this growth comes an increase in the number of encounters between the aged and law enforcement. These encounters occur because of a variety of factors including mental illnesses and addictions. Furthermore, older adults may be victims as evidenced in different forms of abuse such as physical, emotional, or financial abuse. Sadly, some documentation exists that older adults are committing more crimes. Multiple reasons have been postulated for these crimes including poverty, jealousy, and boredom. All of these different situations with the aged have created an increase in the number …


Crisis Deescalation: A Brief Review And Variations On A Model, Mkay Bonner, Mark S. Johnson Jan 2022

Crisis Deescalation: A Brief Review And Variations On A Model, Mkay Bonner, Mark S. Johnson

Contemporary Southern Psychology

The demand for changes in police responses to crises are loud and compelling. One such recommended change is from a Warrior mindset to a Guardian mindset. The emphasis in the Guardian philosophy is on law enforcement officers (LEOs) as protectors instead of fighters. This mindset emphasizes deescalation instead of the use of force whenever possible. Several deescalation courses existed but more have been created recently. This recent increase has been due, in part, to profiteers wanting to benefit from the change in philosophy and training. A brief history starting with the legend in deescalation, Crisis Intervention Team (CIT) Training, is …