实用主义和刑事法律制度
Madeleine Millar1, Colleen M Berryessa2, Cynthia Willis-Esqueda3
1Law School, University of Exeter.
Law and human behavior
|September 23, 2024
概括
心理本质主义可能导致刑事法律体系中的偏见,影响陪审团的决定,判决和公共政策. 个人第一语言可能有助于减轻这些有害影响.
科学领域:
- 心理学 心理学 心理学
- 犯罪学 犯罪学
- 法律研究 法律研究
背景情况:
- 心理本质主义,即对固有的,不变的群体属性的信仰,在刑事法律体系中缺乏全面的研究.
- 现有的研究还没有充分探讨本质主义如何影响参与司法系统的个人.
研究的目的:
- 概念化和巩固关于心理本质主义及其与刑事法律制度的联系的研究.
- 检查本质主义对法律背景中的不平等的潜在后果.
主要方法:
- 对现有的关于心理本质主义的文献进行审查.
- 对本质主义对社会分类的应用进行分析.
- 探讨本质主义在刑事法律体系中的影响.
主要成果:
- 基本主义偏见可以显著影响刑事法律体系中的个人.
- 实用主义导致了对责任和责备的偏见.
- 实用主义影响陪审团的决策,判决,以及公众对惩罚性政策的支持.
结论:
- 提出了政策建议,包括采用第一人称语言,以减少本质主义的不利影响.
- 进一步的研究是必要的,以解决本质主义在各种法律环境中的偏见.
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