Law and Psychology Review

Articles from Vol. 37, Annual

Behavioral Economics: An Insight into Antitrust
ABSTRACT It has long been settled that antitrust law is to be developed and modified accordingly using the tenants of neoclassical economics. The central tenant of this field of study is that economic actors make decisions in a rational manner in...
Can the Courts Tell an Ear from an Eye? Legal Approaches to Voice Identification Evidence
ABSTRACT We conducted an empirical legal analysis concerning cases that involved voice identification (earwitness testimony) as evidence. The courts allowed the testimony anytime the identification was not suggestive. When the identification was...
Coerced Internalized False Confessions and Police Interrogations: The Power of Coercion
ABSTRACT This paper examines false confessions, and in particular the typology of "coerced-internalized" false confessions. These confessions are made by individuals who falsely confess, but truly believe in their guilt despite objective evidence...
Empathy for Psychopaths: Using fMRI Brain Scans to Plea for Leniency in Death Penalty Cases
ABSTRACT Most of the public agrees that society is safer without psychopaths. However, a new sentencing strategy for psychopaths facing the death penalty has erupted from both mental health researchers and defense lawyers--imploring juries to view...
Implicit Bias and the Problem of Certainty in the Criminal Standard of Proof
ABSTRACT The heightened standard of proof in criminal cases is crafted to allocate the risk of error to the state in order to protect the defendant from wrongful conviction. I reviewed empirical research to determine whether juries actually understand...
Paved with Good Intentions: Sentencing Alternatives from Neuroscience and the Policy of Problem-Solving Courts
ABSTRACT Advances in basic and clinical neuroscience will soon present novel options for prediction, treatment, and prevention of antisocial behavior, particularly drug addiction. These hard-won advances have significant potential to improve public...
Solitary Confinement: The Law Today and the Way Forward
ABSTRACT This note examines the practice of solitary confinement in modern "supermaximum" security prisons in the United States. It argues that solitary confinement is a harsh punishment that should not exist in its current form. It discusses the...
The Case for Castration: A "Shot" towards Rehabilitation of Sexual Offenders
ABSTRACT Paraphiliacs are a group of sexual offenders who present a particularly difficult problem in the fields of law and psychology. Overwhelming evidence indicates that our current system of treating paraphiliac sex offenders is failing us;...
The Propriety of Peremptory Challenges for Perceived Personality Traits
ABSTRACT There is substantial controversy over the extent to which social science should be used in jury selection. Underlying the debate are two competing interests in the make-up of a jury: a privilege to strike prospective jurors on subjective...