Neuroscience evidence is not more persuasive than behavioral evidence for both adults and juveniles: A preregistered study

2020 ◽  
Author(s):  
Ji-Xing Yin ◽  
Yuepei Xu ◽  
Hu Chuan-Peng

In last two decades, developmental neuroscience results had been cited in high-profile legal cases in the United States and other countries. However, it’s unknown whether neuroscience evidence bring bias because of its over-persuasiveness for people without training in neuroscience. Previous studies suggested that neuroscience results were over-persuasive, this effect was termed as “neuroscience bias,” but the evidence was not conclusive because of failed replication attempts. Moreover, few studies directly examined the effect developmental neuroscience in juvenile cases. To address this issue, we conducted two mock jury studies with a three (evidence type: behavioral evidence, neuroscience evidence without brain images, and neuroscience evidence with brain images) by two (offenders’ age: juvenile vs. adult) between-subject design. In a pilot study (n = 94) and pre-registered study (n = 324), participants first read a vignette, which described an offender murdered a victim and his lawyer introduced scientific evidence when defending for the offender. Participants were required to make a series of judgments, including death penalty and criminal responsibility of defendant. The results revealed a main effect for offenders’ age, but no effect for evidence type or interaction between evidence type and offenders’ age. An exploratory conditional random forest analysis again revealed that evidence type was not important in predicting participants’ judgment. Instead, other self-reported variables are more important, such as the “just deserts” view of criminal punishment and the perceived possibility the offender would re-enter society. These results suggest that, in the severe criminal cases, the neuroscientific evidence is not more persuasive than behavioral evidence, regardless the neuroscientific results are from adults or juveniles.

Author(s):  
Emily F. Rothman

Pornography and Public Health explores the scientific evidence that helps answer the question: “Is sexually explicit media causing epidemic harm to human health?” It situates this question in the context of historical concerns that sex and sexuality have the power to radicalize people and legal cases that have defined obscenity in the United States. It reveals how pornography came to be considered a public health crisis in multiple US states despite a lack of support and involvement of any governmental public health agency. It also reviews peer-reviewed scientific findings that address whether pornography contributes to epidemics of sexual assault, intimate partner violence, human trafficking, child sexual exploitation, the dissolution of intimate relationships, eating disorders and body dissatisfaction, and compulsive use. Further, it discusses working conditions for pornography performers and outlines possible methods for improving them. It suggests that public health frameworks and tools can be applied meaningfully to analyses of pornography’s impact on health. This title is written for emerging public health advocates.


2015 ◽  
Vol 6 (1) ◽  
pp. 3-26 ◽  
Author(s):  
Jenny Reichert ◽  
James T. Richardson ◽  
Rebecca Thomas

The idea that an individual could be manipulated into performing acts “against their will” created a fear of “brainwashing” and, specifically, new religious movements (NRMs). Courts in the United States initially accepted evidence concerning “brainwashing” in cases involving NRMs, and subsequently the term has been applied in situations involving other behaviors labeled as deviant both in the U.S. and other societies. This has generated challenges for legal systems despite the inability of brainwashing-based claims to meet requirements for admissibility as scientific evidence. Brainwashingbased claims have diffused into other areas of the American legal system, including, for example, custody cases involving allegations of Parental Alienation Syndrome (PAS) as well as in cases involving terrorism. This report presents data on how brainwashing has been treated historically in American legal cases and its current uses within that justice system.


2012 ◽  
Vol 16 (2) ◽  
pp. 47-63 ◽  
Author(s):  
Jenny Reichert ◽  
James T. Richardson

Negative perceptions resulting from heavy media exposure surrounding membership in minority religions affect how individuals process information about such group membership. This was apparent in the United States during moral panics in the second half of the twentieth century involving new religious movements (often called “cults”) and individuals actually or allegedly involved in Satanism. This negatively biased information processing presumably carried over into the legal system. One important example involved judges and jurors charged with determining guilt and proper punishment for crimes of persons suspected of Satanist group activity. An analysis of jury decision-making in civil and criminal cases from the height of the Satanism scare in the late 1980s and early 1990s reveals some possibly biased judgments toward individuals and organizations allegedly and admittedly involved in Satanic practice. An examination of more recent legal cases shows that, although media coverage of Satanist groups has diminished, cases still occur in which allegations of Satanic practice may be used as a means of generating bias, illustrating the persistence of such ideas in society. However, courts more recently have become more discerning in dealing with such claims, and with Satanism itself, thus contributing to the decline of moral panic.


2020 ◽  
Vol 60 (4) ◽  
pp. 612-622
Author(s):  
Rosina Lozano

The twenty-first century has seen a surge in scholarship on Latino educational history and a new nonbinary umbrella term, Latinx, that a younger generation prefers. Many of historian Victoria-María MacDonald's astute observations in 2001 presaged the growth of the field. Focus has increased on Spanish-surnamed teachers and discussions have grown about the Latino experience in higher education, especially around student activism on campus. Great strides are being made in studying the history of Spanish-speaking regions with long ties to the United States, either as colonies or as sites of large-scale immigration, including Puerto Rico, Cuba, and the Philippines. Historical inquiry into the place of Latinos in the US educational system has also developed in ways that MacDonald did not anticipate. The growth of the comparative race and ethnicity field in and of itself has encouraged cross-ethnic and cross-racial studies, which often also tie together larger themes of colonialism, language instruction, legal cases, and civil rights or activism.


PEDIATRICS ◽  
1995 ◽  
Vol 96 (4) ◽  
pp. 792-793
Author(s):  
Den A. Trumbull ◽  
DuBose Ravenel ◽  
David Larson

The supplement to Pediatrics entitled "The Role of the Pediatrician in Violence Prevention" is timely, given the increasingly serious violence problem in the United States.1 Many of the supplement's recommendations are well-conceived and developed. However, the recommendation to "work toward the ultimate goal of ending corporal punishment in homes" (page 580)2 is unwarranted and counterproductive. Before one advises against a practice approved by 88% of American parents3 and supported by 67% of primary care physicians,4 there should be sufficient scientific evidence to support the proposed change in social policy.


Author(s):  
Lauren-Brooke Eisen ◽  
Miriam Aroni Krinsky

Local prosecutors are responsible for 95 percent of criminal cases in the United States—their charging decisions holding enormous influence over the number of people incarcerated and the length of sentences served. Performance metrics are a tool that can align the vision of elected prosecutors with the tangible actions of their offices’ line attorneys. The right metrics can provide clarity to individual line attorneys around the mission of the office and the goals of their job. Historically, however, prosecutor offices have relied on evaluation metrics that incentivize individual attorneys to prioritize more punitive responses and volume-driven activity—such as tracking the number of cases processed, indictments, guilty pleas, convictions, and sentence lengths. Under these past approaches, funding, budgeting, and promotional decisions are frequently linked to regressive measures that fail to account for just results. As more Americans have embraced the need to end mass incarceration, a new wave of reform-minded district attorneys have won elections. To ensure they are accountable to the voters who elected them into office and achieve the changes they championed, they must align measures of success with new priorities for their offices. New performance metrics predicated on the goals of reducing incarceration and enhancing fairness can shrink prison and jail populations, while improving public trust and promoting healthier and safer communities. The authors propose a new set of metrics for elected prosecutors to consider in designing performance evaluations, both for their offices and for individual attorneys. The authors also suggest that for these new performance measures to effectively drive decarceration practices, they must be coupled with careful, thoughtful implementation and critical data-management infrastructure.


2016 ◽  
Vol 50 (1) ◽  
pp. 154-162 ◽  
Author(s):  
Cassiane de Santana Lemos ◽  
Aparecida de Cassia Giani Peniche

Abstract OBJECTIVE To search for the scientific evidence available on nursing professional actions during the anesthetic procedure. METHOD An integrative review of articles in Portuguese, English and Spanish, indexed in MEDLINE/PubMed, CINAHL, LILACS, National Cochrane, SciELO databases and the VHL portal. RESULTS Seven studies were analyzed, showing nurse anesthetists' work in countries such as the United States and parts of Europe, with the formulation of a plan for anesthesia and patient care regarding the verification of materials and intraoperative controls. The barriers to their performance involved working in conjunction with or supervised by anesthesiologists, the lack of government guidelines and policies for the legal exercise of the profession, and the conflict between nursing and the health system for maintenance of the performance in places with legislation and defined protocols for the specialty. Conclusion Despite the methodological weaknesses found, the studies indicated a wide diversity of nursing work. Furthermore, in countries absent of the specialty, like Brazil, the need to develop guidelines for care during the anesthetic procedure was observed.


2011 ◽  
Vol 39 (4) ◽  
pp. 627-661 ◽  
Author(s):  
Kenneth J. Weiss

Shortly after Roentgen's discovery of X-rays and their application to human imaging, the legal profession began to use the technology in litigation. Though the use of brain imaging did not find its way into formal arguments about criminal responsibility early in its evolution, such an analysis has been sought. 19th Century attempts to connect “pathological anatomy” to behavior were mostly disappointing. In 1924, the celebrated murder trial of Leopold and Loeb in Chicago became an early example of the use of scientific testimony that included radiographic exhibits. The penalty-phase decision to spare the defendants' lives was not based on scientific arguments. Sixty years later, the trial of John Hinckley included admission of CT scans to aid psychiatric testimony. Using excerpts from the expert reports and testimony, this article examines the nature and purpose of scientific evidence pertaining to blameworthiness. The author concludes that improvements in neuroimaging will continue to force a dialog between science and the law.


Author(s):  
Anne C. Dailey

This chapter surveys the long and important tradition of law and psychoanalysis in the United States beginning with the work of Oliver Wendell Holmes, Jr., up to the mid-twentieth century. While “tradition” may seem too strong a term for the diverse collection of psychoanalytic writings carried out by legal thinkers over the course of more than a half-century, what ties this work together is a shared recognition of the unconscious depths of the human psyche and the common questions that a psychoanalytic perspective on human behavior raises for law. As this chapter details, many early- to midcentury legal thinkers and judges turned to psychoanalytic ideas for help in addressing a broad set of concerns, including the value of free speech in a democracy, the processes of judicial decision-making, degrees of criminal responsibility, and child custody. The chapter focuses on those legal thinkers in this period whose attention was captured by the unconventional, sometimes even shocking, psychoanalytic ideas about the unconscious, guilt, free will, conflict, instinctual drives, sexuality, and early childhood experience. A study of the psychoanalytic tradition in American law is essential for understanding the vital contribution that contemporary psychoanalysis can make to law today.


Author(s):  
Sari Luz Kanner ◽  
Dana Rosen ◽  
Yosef Zohar ◽  
Michal Alberstein

This article examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. It focuses on judicial conflict resolution (JCR), which is any activity conducted by judges in order to promote consensual disposition of legal cases, in “Plea Bargains Facilitating Days” (moqed) in Tel-Aviv Magistrate’s Court. We conducted quantitative and qualitative analyses of data collected from observations of 717 hearings in 704 criminal cases and found that, on average, 5.55 (SD = 3.62) hearings were required for disposing of a case, and the average duration of a legal proceeding from indictment to closure was 548.55 (SD = 323.17) days. In most of the hearings the judges’ role was confined to managerial-bureaucratic decisions intended to enable the negotiation between the parties. JCR activities occurred in only 16.9 percent of the hearings, and we identified six types of JCR practices in the promotion of plea bargains: narrow and broad facilitation of negotiations between the parties, forecasting the legal outcome, negatively presenting the judicial process, using lawyer-client relations to promote agreement, and using Alternative Dispute Resolution (ADR) techniques. These findings are compared to previous findings on the roles of judges in civil pretrial proceedings, and the more active role of the civil judge in promoting settlements is discussed. We further discuss the possibility of expanding a therapeutic and rehabilitative approach in the framework of criminal JCR during preliminary hearing days, which become today the main door of criminal justice.


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