Elliott Ash, Daniel L. Chen, Nischal Mainali, Liam Meier
{"title":"Automated Classification of Modes of Moral Reasoning in Judicial Decisions","authors":"Elliott Ash, Daniel L. Chen, Nischal Mainali, Liam Meier","doi":"10.2139/ssrn.3205286","DOIUrl":"https://doi.org/10.2139/ssrn.3205286","url":null,"abstract":"What modes of moral reasoning do judges employ? We construct a linear SVM classifier for moral reasoning mode trained on applied ethics articles written by consequentialists and deontologists. The model can classify a paragraph of text in held out data with over 90 percent accuracy. We then apply this classifier to a corpus of circuit court opinions. We show that the use of consequentialist reasoning has increased over time. We report rankings of relative use of reasoning modes by legal topic, by judge, and by judge law school.","PeriodicalId":81816,"journal":{"name":"Law and psychology review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76645792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Experiments in the Court: The Legal and Ethical Challenges of Running Randomized Field Experiments in the Courtroom","authors":"Jacob Kopas, Dane Thorley","doi":"10.2139/ssrn.2994298","DOIUrl":"https://doi.org/10.2139/ssrn.2994298","url":null,"abstract":"Although legal scholars have been utilizing experimental methodologies for over 60 years, they have only recently begun to design and implement field experiments, an empirical method in which subjects are randomly assigned treatments in natural settings. Field experiments are a powerful tool for identifying causal relationships, but relative to observational studies, where researchers gather data that already exist, field experiments can be problematic because they require the researcher to actively intervene in the subjects' lives. Because of these interventions, researchers and organizations running experiments must address a number of ethical concerns before and during their study. When field experiments take place in the court context, these ethical concerns become even more salient, because researchers must also take into account the legal implications of randomizing interventions in actual court cases. In this article, we explore the legal and ethical issues surrounding the use of court-based field experiments. It is the only assessment of its kind and should be a useful tool for researchers and organizations interested in conducting such projects, institutional review boards responsible for approving such studies, judges tasked with evaluating the reliability of data resulting from court-based field experimentation, and individuals considering legal action based on experimental results.","PeriodicalId":81816,"journal":{"name":"Law and psychology review","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82284035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Prison Crowding and Violent Misconduct","authors":"Jonathan Kurzfeld","doi":"10.2139/ssrn.2994546","DOIUrl":"https://doi.org/10.2139/ssrn.2994546","url":null,"abstract":"In recent years justice reform has been a popular bipartisan topic in U.S. politics, with reducing the burgeoning U.S. prison population as one of the primary goals. The first objective of this research is to estimate the causal relationship between prison crowdedness and prison violence that is essential to understanding the impacts of having severely overcrowded prisons as well as efforts to reduce such crowding. I exploit exogenous variation in California prison populations, resulting from a Supreme Court mandate to reduce prison crowding, to estimate this relationship. Using both difference-in-difference and instrumental variable identification strategies, I identify a significant positive effect robust to a variety of model specifications. The estimates suggest that reducing prison crowding by 10 percentage points leads to a reduction in the rates of assaults and batteries by 15% or more. These estimates of the relationship between prison crowding and violent misconduct are, to my knowledge, the first in the literature with a justifiable argument for causality. \u0000The second objective of this research is to explain the paucity of empirical evidence to support the widely held belief among correctional policy makers and practitioners that there is a positive causal relationship between prison crowding and violence. A simple reduced form model is presented which recognizes that population shocks inevitably change both crowdedness and the composition of the prison population, assuming some heterogeneity in inmates’ baseline propensities toward violence. Failure to account for this can bias estimates towards zero. Although the estimation strategy used in this paper does not directly control for compositional changes, I provide persuasive evidence towards the presence of a compositional effect. The estimates provided are therefore a lower bound on the true effect of crowding on violence.","PeriodicalId":81816,"journal":{"name":"Law and psychology review","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74148447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tourette's syndrome: a case example for mandatory genetic regulation of behavioral disorders.","authors":"Rhoda J Yen","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81816,"journal":{"name":"Law and psychology review","volume":"27 ","pages":"29-54"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24599867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Stark Law: boon or boondoggle? An analysis of the prohibition on physician self-referrals.","authors":"Steven D Wales","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81816,"journal":{"name":"Law and psychology review","volume":" ","pages":"1-28"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25886861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The role of institutional review boards in protecting human subjects: are we really ready to fix a broken system?","authors":"Hazel Glenn Beh","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81816,"journal":{"name":"Law and psychology review","volume":"26 1","pages":"1-47"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25886860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Breaking the learned helplessness of patients: why MCOs should be required to disclose finanial incentives.","authors":"Shauhin A Talesh","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81816,"journal":{"name":"Law and psychology review","volume":"26 1","pages":"49-95"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25897006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The views of the judiciary regarding life-sustaining medical treatment decisions.","authors":"T L Hafemeister, D M Robinson","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":81816,"journal":{"name":"Law and psychology review","volume":"18 ","pages":"189-246"},"PeriodicalIF":0.0,"publicationDate":"1994-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25894475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}