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Social and Behavioral Sciences Commons™
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- African Penal Systems (1)
- Alan Milner (1)
- CAP (1)
- Certainty -- Social aspects (1)
- Certainty Aversion Presumption (1)
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- Cesare Beccaria (1)
- Confession (1)
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- Neutralization (1)
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- Punishment in crime deterrence (1)
- Punishment schemes (1)
- Restorative justice (1)
- Risk aversion (1)
- Risk preferences (1)
- Risk seeking behavior (1)
Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams
Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams
Indiana Law Journal
In the United States, moral minimization is a pervasive police interrogation tactic in which the detective minimizes the moral seriousness and harm of the offense, suggesting that anyone would have done the same thing under the circumstances, and casting blame away from the offender and onto the victim or society. The goal of these minimizations is to reinforce the guilty suspect’s own rationalizations or “neutralizations” of the crime. The official theory—posited in the police training manuals that recommend the tactic—is that minimizations encourage confessions by lowering the guilt or shame of associated with confessing to the crime. Yet the same …
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Indiana Law Journal
There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …
African Penal Systems, By Alan Milner, Henry J. Richardson Iii
African Penal Systems, By Alan Milner, Henry J. Richardson Iii
Indiana Law Journal
No abstract provided.