Psychology, Social Contexts, and Decision-making in Courts

Session Submission Type: Complete Thematic Panel

Abstract/Description

This panel presents four empirical studies that examine different psychological processes and social contexts and how they affect the decision-making of legal actors in court, specifically during sentencing. The first paper looks at survey data from a sample of U.S. state court judges to examine how they consider and apply scientific information during sentencing determinations. The second paper, drawing from semi-structured interviews with a national sample of U.S. defense attorneys, investigates the perceptions and experiences of defense lawyers surrounding the legal representation of defendants with Autism Spectrum Disorder in criminal cases. The third paper uses qualitative interviews with state court judges from across the U.S. to explore the utility of remorse for victims, defendants, and judges, who serve as representatives of greater society. The fourth paper utilizes semi-structured interviews and grounded theory with a sample of U.S. state court judges and presents preliminary data to model how “remorse bias” (stemming from social cognitive processes) may influence judges in how they assess the remorse of defendants from marginalized racial and social groups during sentencing, as well as how this can lead to sentencing inequalities. Implications of these studies for court contexts and sentencing processes will be discussed.

Sub Unit

• Area VI. The Criminal Justice System / 44. Courts & Sentencing

Individual Presentations

• Bio-Behavioral Scientific Evidence Alters Judges’ Sentencing Decision-Making: A Quantitative Analysis - Mia A. Thomaidou, Rutgers University; Colleen Berryessa, Rutgers University

• Legal Defense of Defendants with Autism Spectrum Disorder in the U.S.: An Analysis of Legal Professionals - Carolina R. Caliman, Rutgers University; Colleen Berryessa, Rutgers University

• The Utility of Remorse in the Criminal Justice System: A Qualitative Study of U.S. Judges - Emily Greberman, Rutgers University; Colleen Berryessa, Rutgers University

• Judicial “Remorse Bias” and the Effects of Social Cognition in Perpetuating Sentencing Inequalities for Marginalized Defendants - Colleen Berryessa, Rutgers University

Chair

• Colleen Berryessa, Rutgers University