Law and Psychology Commons^™

Out Of Sight Is Out Of Mind? Experimentally Testing A Gradually Materializing Public Bad, Alexander Egberts, Christoph Engel, Joshua Fairfield

Scholarly Articles

Many social ills can be modeled as a public bad. In such scenarios, private benefit is often immediate, while the public damage takes some time to materialize. In this experiment, we investigate the behavioral effects caused by such delays in the realization of collective harm. By manipulating the weight with which the damages caused by group contributions are carried over to the next round, we alter the number of periods required for the social damage to unfold fully. We keep constant the economic consequences of contributions between treatments (by introducing a multiplier for the damage) and between periods (by deducting …

Misinformation And The Jury, Gustavo Ribeiro

Indiana Law Journal

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

System Disparities: Racial Criminalization And The Risk Of Coerced And False Confessions In Youth, Cynthia J. Najdowski

Psychology Faculty Scholarship

Black youth may be even more vulnerable than other youth to admitting to crimes they did not commit in the context of police interrogations. In support, analysis of data from the National Registry of Exonerations indicates that 65% of people who were wrongfully convicted on the basis of false confessions they gave when under 18 years old are Black, whereas only 14% of the U.S. population is Black. In this chapter, I seek to understand the overrepresentation of Black youth in samples of juvenile false confessors by examining the cultural stereotype about Black criminality in relation to both investigators and …

Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer

CMC Senior Theses

This research focuses on false confessions by juveniles in the United States justice system. False confessions are statements made by suspects during investigations in which individuals provide statements to investigators admitting to a crime in which they had no part. In these cases, individuals often spend years, if not the entirety, of their lives behind bars for crimes they did not commit. False confessions are the result of a number of systemic factors that will be discussed in this paper. While relatively rare, they are one of the largest blemishes in the U.S. justice system. Juveniles – individuals below the …

Legal Stories Without Villains, Alison Peck

Law Faculty Scholarship

Lawyers have always been storytellers, and cognitive science is increasingly demonstrating that human beings are wired to learn through story. But legal stories may have a dark side if, as theorists have recently suggested, stories motivate pro-social action by reinforcing in-group identification and out-group hatred. In an increasingly divided polity, are we doomed to stories that drive us toward social disintegration? A solution to the legal storyteller’s dilemma may be found in an ancient source: Aristotle’s Poetics. By crafting legal stories that track the elements of the Tragedy as described by Aristotle and adapted by modern storytellers from Broadway …

Neurobiological Determinants Of Psychopathy And Their Ethical Implications In Capital Punishment Cases, Brooklyn Lewis

Williams Honors College, Honors Research Projects

This literature review examines the relationship between the neurobiological determinants of psychopathy and the ethical implications of applying capital punishment to violent offenders. Drawing on research from neuroscience, psychology, and criminal justice, the paper explores how structural and functional differences in brain regions associated with emotional processing, impulse control, and moral reasoning are linked to psychopathic traits. The review synthesizes findings on how these neurobiological factors may contribute to an increased risk of violent behavior while emphasizing that such influences are not deterministic. The paper further analyzes how neuroscientific evidence is interpreted within legal contexts, particularly in relation to assessments …

Who Makes The Jury? Demographics And Decision-Making In The Jury Process., Ana B. Pons

Honors Undergraduate Theses

Within the American judicial system, juries have played a central role in promoting representation and fairness in the courtroom. However, limited information exists on whether prosecutorial decisions during jury selection, jury composition, or jury behavior differ based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Following PRISMA guidelines, this scoping review synthesizes 48 peer-reviewed articles published between the 1940s and 2026 to examine whether prosecutorial decision-making and jury outcomes vary based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Findings indicated that men are disproportionately selected …

Bridging The Gap: Predictors Of Alignment Of Parent And Caseworker Perceptions Of Engagement, Jianchao Lai, Michelle I. Graef

Center on Children, Families, and the Law: Faculty Publications

This study examined predictors of alignment between parents’ and caseworkers’ perceptions of family engagement in child welfare services. Using data from 2,274 Alternative Response (AR)–eligible families randomized to AR or Traditional Response, engagement was assessed across the domains of Receptivity, Buy-in, Worker-family Relationship, and Mistrust using a modified Yatchmenoff (2005) scale. Multinomial logistic regression models identified factors associated with agreement and discrepancy between ratings of family engagement within the parent and worker dyad. While both parents and workers valued engagement, workers were more likely to provide higher overall engagement ratings, although the direction of discrepancy varied across specific subscales. Greater …

Neutralization Mechanisms In Protest-Related Vandalism: Implications For Psycholinguistic Crisis Communication, M. Agung Lyndardi

Jurnal Kriminologi Indonesia

Protest-related vandalism has become a recurring phenomenon in Indonesia’s democratic landscape, particularly during large-scale demonstrations involving students, labor groups, and civil society coalitions. Conventional legal approaches that define vandalism as a public-order violation are insufficient to explain why such actions persist, why they concentrate on symbolic state targets, and why participants frequently deny moral wrongdoing. This article analyzes protest-related vandalism in Indonesia through the framework of neutralization theory (Sykes & Matza, 1957), integrating perspectives from criminology, moral disengagement theory, collective action, political legitimacy, and public psycholinguistics. Using a structured literature review of international and Indonesian scholarship published between 1957 and …

The Silent Language Of Trauma: Defendant Behavior, Juror Bias, And Expert Testimony, Jensen Goldman

Scripps Senior Theses

Trauma can profoundly influence behavioral presentation, yet jurors often rely on demeanor as a diagnostic cue for guilt, credibility, and remorse. Such reliance poses risks within a legal system that seldom equips jurors to interpret trauma related behaviors accurately. The proposed study will examine how two trauma-linked affective presentations– overemotionality and flat affect– shape juror perceptions of credibility and guilt, and whether expert psychological testimony about trauma-related affect can mitigate these biases. Online survey participants will read one of five trial vignettes with varying defendant conditions (flat affect vs. overemotional) and varying expert testimony conditions (present or not present) and …

The Law And Ai As An “Apex Collaborator”: Legal Frameworks For Optimized Cooperation, David S. Filippi, Bill Tomlinson, Andrew W. Torrance

FIU Law Review

Law fundamentally exists to enable human cooperation, providing frameworks for everything from basic contracts to complex international agreements. As artificial intelligence systems grow more sophisticated, they may enable new ways that collaborative activity can occur. We posit the possibility of a new kind of AI entity: the “Apex Collaborator,” a computational system with capabilities for cooperation and partnership that are superior, in at least some ways, to those of humans. Just as apex predators shape the ecosystems in which they live through predation, Apex Collaborators would shape human-AI networks through their ability to enhance peaceful coexistence, collective problem-solving, and shared …

Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi

FIU Law Review

Sex is at the very core of individual identity. It affects the conception of the self and the way others view the individual. Every day, one’s sex may open and close doors, access to communities, and opportunities. Laws that define sex may affirm scientific knowledge and protect people, or threaten to unravel the facts and the reality of sex. A deep unmooring of sex is underway, and this Article aims to halt it. On day one of the current presidential term, January 20, 2025, President Trump signed an Executive Order on “Defending Women from Gender Ideology Extremism and Restoring Biological …

Noneconomic Tort Damages And Biased Beliefs About Vulnerability To Harm, Roseanna Sommers

Articles

The American tort system aspires to provide fair compensation to injured plaintiffs, regardless of socioeconomic status, race, religion, or gender. Recent experimental evidence from psychology suggests, however, that factfinders consistently judge identical harms as less severe when experienced by individuals of lower socioeconomic status (SES). People presume, for instance, that a paper cut hurts a wealthy person more than a less well-off person, that domestic violence inflicts greater suffering on a high-SES woman than a lower-SES woman, and that bullying harms a fiveyear- old from a high-SES family more severely than one from a low- SES family. This Essay examines …

Trial By Character, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

In this Article, I argue that courts regularly deviate from Federal Rule of Evidence 404(b), which prohibits character evidence—evidence of a defendant’s past misdeeds offered to prove that the defendant acted in conformity with a certain character trait on the occasion in question. These deviations undermine the fairness of a trial and the presumption of innocence. The Article addresses this problem in three ways. First, it explains how courts have misinterpreted Rule 404(b)—an error that I call the permitted-purpose fallacy—and how they have fortified this misinterpretation with a body of flawed principles and precedent. Second, it reports the results of …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Understanding Mental Health Crisis Response Through The Lens Of First Responders, Ella Gibson

Student Theses

Responses to mental health crises are becoming an increasingly contentious topic as cases of extreme police violence or fatality during a crisis are publicized in the media. Although first responders’ experiences with mental health crisis response have been explored in prior literature, there remains a lack of research that gathers data from multiple first responder roles and compares their experiences across groups. There is also a significant gap in research examining the perspectives of co-response teams. This study sought to gather qualitative data on the experiences of police officers, EMTs/paramedics, and co-response team members, and to explore their perceptions of …

Eyewitness Consent To Be Video Recorded: Implications For Identification Accuracy And Confidence, Sarah Argüelles

Student Theses

Recently, a recommendation has emerged for law enforcement to record the full eyewitness identification procedure, recognizing the critical role eyewitness testimony plays in the justice system (Wells et al., 2020). However, in some states, such as New York, law enforcement is required to seek consent from witnesses before recording (Municipal Police Training Council & Division of Criminal Justice Services, 2017). Since this practice is relatively new, there has been limited research on how obtaining consent may affect eyewitness accuracy. It was hypothesized that obtaining consent to video record could be linked to a witness’s confidence in their identification, with higher …

Parenting While Mad: Altered States, Carceral Psychiatry, And The Fight For Abolitionist Access, Stefanie Lyn Kaufman-Mthimkhulu

Journal of Law and Policy

Legal and psychiatric systems respond to parents in distress-oriented altered states (often labeled “postpartum psychosis”) in ways that reveal deep structural failures. Rather than providing genuine care, these states are criminalized, pathologized, and met with coercive treatment, family separation, and surveillance. Drawing on Silvia Federici’s Caliban and the Witch, this article traces these systems to the rise of colonial-capitalist-patriarchy, when land was enclosed, reproductive labor weaponized, and community healing knowledge expropriated. Clinical mental health and family regulation systems continue this legacy today, punishing Madness, disempowering caregivers, and undermining community capacity to respond to distress. The author examines cases of postpartum …