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Psych Law Chapter 2
Term | Definition |
---|---|
adversarial system | exhibits, evidence, and witnesses are assembled by representatives of one side or the other to convince the fact finder (judge or jury) that their side's viewpoint is the correct one |
inquisitorial system | judge has more control over the proceedings (questions the parties and witnesses, controls presentation of evidence and arguments) |
black-letter law | law on the books; law as set down by founding fathers in Constitution, as written by legislators, and as interpreted by judges |
intention | showing that suspect not merely thought about crime but actually tried to accomplish it |
attribution theory | how people explain others' intentions |
internality | one part of attribution theory; whether we explain cause of an event as due to something internal to a person or to the environment |
stability | one part of attribution theory; whether we see the cause of a behavior as enduring or merely temporary |
globalness | one part of attribution theory; whether we see the cause as specific to a limited situation or applicable to all situations |
distributive justice | person will be more accepting of decisions and more likely to believe that disputes have been resolved appropriately if the outcome seems just |
procedural justice | if individuals view the procedures of dispute resolution or decision-making as fair, then they will view the outcome as just regardless of whether it favors them or not |
commonsense justice | ordinary citizens' basic notions of what is just and fair |
diversion | alternative justice system like specialty courts; deals with underlying reasons that individuals commit crimes in the first place |
extralegal factors | factors that have nothing to do with the law or the trial (e.g. how attractive the expert witness is) |
legal formalism | perspective that judges apply legal rulings to the facts of a case in a careful, rational, mechanical way and pay little heed to political or social influences on, or implications of, their judgments |
legal realism | judges' decisions are influenced by a variety of psychological, social, and political factors, and that judges indeed are concerned about the real-world ramifications of their decisions |
in-group bias | tendency to favor one's own group |
motivated reasoning | info congruent with a particular goal is disproportionately attended to and valued, while incongruent evidence is dismissed |
intuitive processes | occur spontaneously, often without careful thought or effort |
deliberative processes | involves mental effort, concentration, motivation, and application of learned rules |
self-determination theory of optimal motivation | situational and personality factors that cause positive and negative motivation and, eventually, changes in subjective well-being |
intrinsic motivation | engaging in an activity because it is interesting and enjoyable |
extrinsic motivation | pursuing goals that would please and impress others/for a reward/to avoid punishment |
therapeutic jurisprudence | notion that the law can serve therapeutic purposes; identifies emotional consequences of legal matters and asks whether the law can be interpreted, applied, or enforced in ways that maximize its therapeutic, or healing, effects |
confirmation bias | seek information that supports their misguided choices and avoid information that would be useful |
probabilistic estimates | correct answer is not yet known |
overconfidence bias | more confident than is warranted by the outcomes; we're usually more confident about outcomes in the distant future than the near future |