Law and Human Behavior最新文献

{"title":"The Miranda penalty: Inferring guilt from suspects' silence.","authors":"Megan L Lawrence, Emma R Saiter, Rose E Eerdmans, Laura Smalarz","doi":"10.1037/lhb0000587","DOIUrl":"https://doi.org/10.1037/lhb0000587","url":null,"abstract":"<p><strong>Objective: </strong>Despite the risks inherent to custodial police interrogation, criminal suspects may waive their <i>Miranda</i> rights and submit to police questioning in fear that exercising their rights or remaining silent will make them appear guilty. We tested whether such a <i>Miranda</i> penalty exists.</p><p><strong>Hypotheses: </strong>We predicted that people would perceive suspects who invoke their <i>Miranda</i> rights or sit in silence during an interrogation as more likely to be guilty than those who waive their <i>Miranda</i> rights.</p><p><strong>Method: </strong>In two experiments, undergraduate psychology students (Experiment 1; <i>N</i> = 256) and students enrolled in law-enforcement-related degree programs (Experiment 2; <i>N</i> = 119) were instructed to play the role of a police officer investigating a series of crimes in which the suspect invoked his <i>Miranda</i> rights, sat in silence, or spoke to police. Participants evaluated each suspect along various characteristics (e.g., honest, suspicious), assessed his likely guilt, and reported how many hours they would allocate to investigating the suspect versus other potential suspects.</p><p><strong>Results: </strong>Suspects who invoked their right to silence or remained silent, compared with those who waived their rights and spoke to police, were perceived more negatively and judged as guiltier. Participants also allocated more hours toward investigating such suspects.</p><p><strong>Conclusions: </strong>The protective power of <i>Miranda</i> is eroded by the tendency for people to infer guilt from a suspect's decision to invoke <i>Miranda</i> or remain silent during police interrogation. This <i>Miranda</i> penalty violates suspects' legal protection from being penalized for exercising their constitutional rights against self-incrimination and may bias the investigation and prosecution of criminal suspects. (PsycInfo Database Record (c) 2024 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2024-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142688908","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Comparing predictive validity of Youth Level of Service/Case Management Inventory scores in Indigenous and non-Indigenous Canadian youth.","authors":"Michele Peterson-Badali","doi":"10.1037/lhb0000578","DOIUrl":"https://doi.org/10.1037/lhb0000578","url":null,"abstract":"<p><strong>Objective: </strong>There is an increasing recognition of the necessity to establish the predictive validity of risk assessment scores within specific population subgroups, particularly those (including Indigenous peoples) who are overrepresented in the criminal justice system. I compared measures of discrimination and calibration of the Youth Level of Service/Case Management Inventory (YLS/CMI) in Indigenous and non-Indigenous youth probationers in Ontario, Canada.</p><p><strong>Hypotheses: </strong>Compared with non-Indigenous youth, Indigenous youth would have higher risk scores and reoffense rates. The YLS/CMI would predict reoffending and time to reoffense significantly and comparably for Indigenous and non-Indigenous youth, but there would be group difference discrimination (sensitivity, specificity) and calibration (positive predictive value, negative predictive value).</p><p><strong>Method: </strong>Justice ministry-supplied data on 400 Indigenous and non-Indigenous youth (330 male, 70 female) individually matched on key background variables were analyzed to provide measures of discrimination and calibration of the YLS/CMI, with 3-year recidivism as the primary outcome.</p><p><strong>Results: </strong>Indigenous youth were assessed at significantly higher risk than non-Indigenous youth (<i>d</i> = .60); 70% of Indigenous youth and 46% of non-Indigenous youth reoffended (ϕ = .24). Overall measures of discrimination (area under the curve) and calibration (logistic regression) were significant and did not differ across groups. Cross-area under the curve results indicated that the YLS/CMI discriminated Indigenous recidivists from non-Indigenous nonrecidivists but differentiated Indigenous nonrecidivists from non-Indigenous recidivists at chance level. In addition, recidivism was underestimated for low-risk Indigenous youth compared with non-Indigenous youth, but specificity was also low; only 28% of Indigenous youth who did not reoffend were assessed as low risk. Results were largely consistent across male and female youth.</p><p><strong>Conclusions: </strong>Examining subgroup predictive validity using multiple indices provides important information that should inform policy and practice discussions regarding fair use of risk assessment tools. (PsycInfo Database Record (c) 2024 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2024-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142607024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regional gender bias and year predict gender representation on civil trial teams.","authors":"Hannah J Phalen, Megan L Lawrence, Kristen L Gittings, Emily N Line, Sara N Thomas, Rose E Eerdmans, Taylor C Bettis, John C Campbell, Jessica M Salerno","doi":"10.1037/lhb0000585","DOIUrl":"https://doi.org/10.1037/lhb0000585","url":null,"abstract":"<p><strong>Objective: </strong>There are documented gender disparities in the legal field. We examined whether gender representation on civil trial teams varied on the basis of (a) the degree of regional gender bias \"in the air\" and (b) time.</p><p><strong>Hypotheses: </strong>We hypothesized that women were underrepresented both on trial teams and in leadership roles within those teams. We predicted that these gender disparities were exacerbated in regions with stronger regional gender bias and that these gender disparities attenuated over time.</p><p><strong>Method: </strong>We coded attorney gender and case outcomes in real civil trials (<i>N</i> = 655). We created regional implicit and explicit gender bias scores based on the year and region of the case using Project Implicit data. Finally, we used order-constrained inference and Bayesian modeling to identify the best-performing models.</p><p><strong>Results: </strong>Overall, women represented only 17% of attorneys at trial and 13% in leadership roles-indicating vast gender disparities. Gender disparities on teams and in leadership roles were more extreme in regions with high (vs. low) regional gender bias (teams: Bayes factor [BF] = 9,182; leadership: BF = 91,667) and improved over time (teams: BF = 6,420; leadership: BF = 3,495). Gender alone best predicted the likelihood of serving in a leadership role (BF = 1,197,397).</p><p><strong>Conclusions: </strong>Female attorneys were grossly underrepresented on civil trial teams. Gender representation on teams, but not leadership roles, has improved slightly over time. Culture may also contribute; women were less represented on trial teams in regions with greater gender bias in the air-particularly in leadership roles. Despite these slight improvements in representation on trial teams over time and in low-bias regions, gender disparities in leadership roles persist over time and levels of regional bias. (PsycInfo Database Record (c) 2024 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2024-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142548359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Lived experiences of bias in compensation and reintegration associated with false admissions of guilt.","authors":"Mary Catlin,Talley Bettens,Allison D Redlich,Kyle C Scherr","doi":"10.1037/lhb0000588","DOIUrl":"https://doi.org/10.1037/lhb0000588","url":null,"abstract":"OBJECTIVESome exonerees receive compensation and aid after being exonerated of their wrongful convictions, and some do not. Looking beyond differences in state statutes, we examined possible reasons for biases in receiving compensation (via statutes or civil claims) and other reintegration services. More specifically, we examined how two unique types of false admission of guilt (i.e., false confessions and false guilty pleas) could be associated with biased outcomes in compensation procurement and reintegration outcomes.HYPOTHESESAlthough we did not have formal hypotheses for this qualitative study, based on the cumulative disadvantage framework (Scherr, Redlich, & Kassin, 2020), we anticipated that both types of false admission of guilt would negatively bias exonerees' experience post-exoneration. More specifically, we expected that exonerees whose cases involved at least one type of false admission of guilt would have a more difficult time obtaining compensation and would experience more negative post-exoneration outcomes, compared with exonerees in general.METHODWe conducted in-depth interviews with three samples: (a) exonerees (n = 19), (b) attorneys who had assisted exonerees with post-exoneration compensation claims (n = 15), and (c) innocence advocates who had worked with exonerees (n = 9).RESULTSAcross all samples, interviewees indicated that both forms of false admission of guilt are associated with biases that may influence exonerees' compensation and reintegration efforts. Specifically, interviews revealed that (a) false admissions are associated with disadvantages to exonerees' compensation and reintegration efforts, as predicted by the cumulative disadvantage framework; (b) under specific circumstances, false admissions are associated with advantages benefiting compensation attempts; and (c) false admissions can be nonapplicable (i.e., irrelevant) to reintegration efforts.CONCLUSIONSTogether, our findings provide a more nuanced understanding of the role false confessions and false guilty pleas may play post-exoneration. This understanding, derived from those individuals directly involved in the compensation and reintegration processes, is an important step in beginning to right the injustices experienced by those wrongfully convicted. (PsycInfo Database Record (c) 2024 APA, all rights reserved).","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"13 1","pages":""},"PeriodicalIF":2.5,"publicationDate":"2024-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142490930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The structured assessment of violence risk in youth demonstrates measurement invariance between Black and White justice-referred youths.","authors":"Jonathan R Cohn, Rachael T Perrault, David C Cicero, Gina M Vincent","doi":"10.1037/lhb0000586","DOIUrl":"https://doi.org/10.1037/lhb0000586","url":null,"abstract":"<p><strong>Objective: </strong>Identification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method for assessing one form of bias. Measurement invariance involves determining whether risk items in an instrument appear to be functioning the same between racial or other groups. Thus, the present study examined measurement invariance of the Structured Assessment of Violence Risk in Youth (SAVRY) between non-Latino Black and White youths to examine racial bias.</p><p><strong>Hypotheses: </strong>We expected the SAVRY to be invariant (lacking measurement bias) between Black and White youths.</p><p><strong>Method: </strong>The sample included 687 Black and 361 White youths, and the study used a large, multistate data set of SAVRYs conducted by probation officers. We conducted measurement invariance testing in a series of hierarchical steps including testing configural and scalar invariance.</p><p><strong>Results: </strong>The SAVRY demonstrated scalar invariance (equal thresholds for ratings from \"low\" to \"moderate\" and \"moderate\" to \"high\") for all items except one-community disorganization.</p><p><strong>Conclusions: </strong>The findings lend further credibility to the SAVRY, and the structured professional judgment approach, as a method to assess violence risk and case planning needs among youths involved in the legal system. These findings provide more confidence that significant differences in SAVRY risk level or items between Black and White youths are not based in measurement bias, with the exception of the community disorganization item. Potential fixes discussed include eliminating or deemphasizing this item in final risk level ratings. (PsycInfo Database Record (c) 2024 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2024-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142477953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The structured assessment of violence risk in youth demonstrates measurement invariance between Black and White justice-referred youths.","authors":"Jonathan R Cohn,Rachael T Perrault,David C Cicero,Gina M Vincent","doi":"10.1037/lhb0000586","DOIUrl":"https://doi.org/10.1037/lhb0000586","url":null,"abstract":"OBJECTIVEIdentification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method for assessing one form of bias. Measurement invariance involves determining whether risk items in an instrument appear to be functioning the same between racial or other groups. Thus, the present study examined measurement invariance of the Structured Assessment of Violence Risk in Youth (SAVRY) between non-Latino Black and White youths to examine racial bias.HYPOTHESESWe expected the SAVRY to be invariant (lacking measurement bias) between Black and White youths.METHODThe sample included 687 Black and 361 White youths, and the study used a large, multistate data set of SAVRYs conducted by probation officers. We conducted measurement invariance testing in a series of hierarchical steps including testing configural and scalar invariance.RESULTSThe SAVRY demonstrated scalar invariance (equal thresholds for ratings from \"low\" to \"moderate\" and \"moderate\" to \"high\") for all items except one-community disorganization.CONCLUSIONSThe findings lend further credibility to the SAVRY, and the structured professional judgment approach, as a method to assess violence risk and case planning needs among youths involved in the legal system. These findings provide more confidence that significant differences in SAVRY risk level or items between Black and White youths are not based in measurement bias, with the exception of the community disorganization item. Potential fixes discussed include eliminating or deemphasizing this item in final risk level ratings. (PsycInfo Database Record (c) 2024 APA, all rights reserved).","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"3 1","pages":""},"PeriodicalIF":2.5,"publicationDate":"2024-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142486262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Who questions the legitimacy of law? A latent profile analysis using national data in China.","authors":"Han Wang, Mengliang Dai","doi":"10.1037/lhb0000583","DOIUrl":"https://doi.org/10.1037/lhb0000583","url":null,"abstract":"<p><strong>Objective: </strong>The present study aims to identify meaningful distinct subgroups of legal legitimacy, thereby addressing the need to move beyond a general legitimacy-based model.</p><p><strong>Hypotheses: </strong>We hypothesized (1) we would find distinct profiles for legal legitimacy, (2) perceived procedural justice would predict the identified profiles, and (3) profiles with low normative alignment or duty to obey scores would be associated with disadvantaged groups.</p><p><strong>Method: </strong>This study utilized a subset of survey items from the Chinese General Social Survey 2015 to measure legal legitimacy. Eight survey items, selected based on theoretical considerations, underwent a confirmatory factor analysis to assess their suitability for loading onto the two dimensions of legal legitimacy. A latent profile analysis was then performed on the scores obtained from the eight items to identify distinct profiles of legal legitimacy. Multinomial logistic regression models were estimated to examine the associations between the identified profiles, procedural justice, and sociodemographic characteristics. The analyses were conducted on a large sample of Chinese citizens (<i>N</i> = 3,475, 47.8% males; <i>M</i>_age = 50.3 years, <i>SD</i> = 16.8).</p><p><strong>Results: </strong>We identified four distinct profiles of legal legitimacy, namely contented conformist, relatively satisfied conformist, ordinary conformist, and cynical conformist. In support of the construct validity of the profiles, we found that these profiles differed on key factors of procedural justice and multiple sociodemographic variables.</p><p><strong>Conclusions: </strong>Our findings demonstrate population heterogeneity in legal legitimacy and underscore the importance of a multidimensional conceptualization. (PsycInfo Database Record (c) 2024 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2024-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142337148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disparate impact of risk assessment instruments: A systematic review.","authors":"Spencer G Lawson, Emma L Narkewicz, Gina M Vincent","doi":"10.1037/lhb0000582","DOIUrl":"https://doi.org/10.1037/lhb0000582","url":null,"abstract":"<p><strong>Objective: </strong>One concern about the use of risk assessment instruments in legal decisions is the potential for disparate impact by race or ethnicity. This means that one racial or ethnic group will experience harsher legal outcomes than another because of higher or biased risk estimates. We conducted a systematic review of the literature to synthesize research examining the real-world impact of juvenile and adult risk instruments on racial/ethnic disparities in legal decision making.</p><p><strong>Hypotheses: </strong>Given the nature of research synthesis, we did not test formal hypotheses.</p><p><strong>Method: </strong>Our systematic literature search as of July 2023 identified 21 articles that investigated the disparate impact of 13 risk assessment instruments on various legal outcomes. Most of these instruments were actuarial pretrial screening instruments.</p><p><strong>Results: </strong>Our narrative synthesis indicated that there is not strong evidence of risk instruments contributing to greater system disparity. Ten articles indicated that adopting risk instruments did not create (or exacerbate preexisting) disparities, and eight articles found that instrument use reduced disparities in legal decision making. Three articles reported evidence of disparate impact of risk instruments; only one of these studies received a strong study quality assessment score. We observed a scarcity of high-quality articles that employed what we deem to be the gold standard approach for examining the disparate impact of risk instruments (i.e., pretest-posttest design).</p><p><strong>Conclusions: </strong>The evidence signals that risk instruments can contribute to reductions in disparities across multiple stages of legal decision making. Yet study quality remains low, and most research has been conducted on decisions during the pretrial stage. More rigorous research on disparate impact across diverse legal decision points and approaches to risk assessment is needed. (PsycInfo Database Record (c) 2024 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2024-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142337147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Detecting criminal intent in social interactions: The influence of autism and theory of mind.","authors":"Zoe Michael,Neil Brewer","doi":"10.1037/lhb0000575","DOIUrl":"https://doi.org/10.1037/lhb0000575","url":null,"abstract":"OBJECTIVEDefense attorneys sometimes suggest that social-cognitive difficulties render autistic individuals vulnerable to involvement in crime, often arguing that theory of mind (ToM) difficulties that undermine inferences about others' intentions underpin this vulnerability. We examined autistic adults' ability to respond adaptively to criminal intent during interactions and whether difficulties were associated with poor ToM.HYPOTHESESCompared with nonautistic adults, autistic adults were expected to be less likely to respond adaptively to another's criminal intent and less likely to do so early in interactions, with poorer performance associated with ToM difficulties.METHODWe developed the Suspicious Activity Paradigm, in which autistic (n = 102) and nonautistic (n = 95) adults listened (as if participating in an interaction) to audio scenarios in which cues suggesting their impending involvement in a crime gradually emerged. At periodic intervals, they were required to indicate how they would react toward the other person's behavior, with response coding reflecting detection of, and adaptive responding to, suspicious activity.RESULTSWe observed similar patterns of suspicion and adaptive responses in autistic and nonautistic adults as the scenarios progressed. Regardless of diagnostic status, pronounced ToM difficulties and low verbal ability were independently associated with a lower likelihood of reporting suspicion and responding adaptively.CONCLUSIONSOur results do not support the perspective that autistic adults are uniquely vulnerable to crime involvement due to an inability to recognize and respond adaptively to suspicious behavior. The potential for heightened criminal vulnerability was associated with significant ToM difficulties (and verbal ability) regardless of autism diagnostic status, although such difficulties were more prevalent in the autistic sample. The finding that pronounced ToM difficulties may heighten criminal vulnerability for both autistic and nonautistic individuals challenges the validity of a generalized \"autism\" legal defense based on assumed rather than measured ToM difficulties. (PsycInfo Database Record (c) 2024 APA, all rights reserved).","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":"217 1","pages":""},"PeriodicalIF":2.5,"publicationDate":"2024-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142325207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Essentialism and the criminal legal system.","authors":"Madeleine Millar, Colleen M Berryessa, Cynthia Willis-Esqueda, Jason A Cantone, Deborah Goldfarb, Melissa de Vel-Palumbo, Anthony D Perillo, Terrill O Taylor, Laurie T Becker","doi":"10.1037/lhb0000576","DOIUrl":"https://doi.org/10.1037/lhb0000576","url":null,"abstract":"<p><strong>Objective: </strong>Existing literature has yet to conceptualize and consolidate research on psychological essentialism and its relation to the criminal legal system, particularly in terms of explaining how individuals with justice involvement have been and could be differentially impacted across contexts. This article explores essentialism in the criminal legal system, including its potential consequences for inequity.</p><p><strong>Method: </strong>We review research on essentialism as a psychological construct, its common applications to different social categorizations, and its trickle-down effects within the criminal legal system.</p><p><strong>Results: </strong>Empirical work suggests that biases stemming from essentialism have the potential to severely affect individuals within the criminal legal system. Beyond assigning immutable properties across social groups, essentialism can give rise to biased attributions of responsibility and blame and affect decisions and behavior within three core domains of the criminal legal system: jury decision making, sentencing decisions, and public support for punitive policies.</p><p><strong>Conclusions: </strong>We propose future policy recommendations to mitigate the adverse effects of essentialism in the criminal legal system, focusing especially on how using and adopting person-first language (focusing on people before characteristics) across society and policy can help to combat bias across criminal legal domains. Future research is needed on how to best address the adverse effects of essentialism and its biasing effects in the criminal legal system, as well as to examine the effects of essentialism in different legal contexts. (PsycInfo Database Record (c) 2024 APA, all rights reserved).</p>","PeriodicalId":48230,"journal":{"name":"Law and Human Behavior","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2024-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142298882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}