Psychology and Law: The Last 15 Years

The modern initiative for psychologists becoming involved in research relevant to law can be more or less traced to developments approximately 15 years ago, although earlier roots are evident. The period of this review thus roughly coincides with the publication life of the Journal of Applied Social Psychology. A few major research trends were discussed from this historical perspective, and problems and projections briefly noted.     

The Realization of Qualia,Persons, and Artifacts

This article argues that standard causal and functionalist definitions of realization fail to account for the realization of entities that cannot be individuated in causal or functional terms. By modifying such definitions to require that realizers also logically suffice for any historical properties of the entities they realize, one can provide for the realization of entities whose resistance to causal/functional individuation stems from their possession of individuative historical properties. But if qualia cannot be causally or functionally individuated, then qualia can be physically realized only if the thesis that all things are physical or physically realized is insufficient for physicalism.     

All smiles are positive, but some smiles are more positive than others

Disagreement as to whether all smiling or specific types of smiling index positive emotion early in life was addressed by examining when infants produced different types of smiling and other facial expressions. Thirteen infants were observed weekly from 1 to 6 months of age. Smiling alone--without cheek raising or mouth opening--was relatively more likely than periods without smiling both when mothers were smiling and when infants were gazing at their mothers' faces. Cheek-raise (Duchenne) smiling was relatively more likely than smiling alone only when mothers were smiling. Open-mouth (play) smiling was relatively more likely than smiling alone only when infants were gazing directly at mothers' faces. Smiling involving both cheek raising and mouth opening was relatively likely both when mothers were smiling and when infants were gazing at mothers' faces and became increasingly likely with age when both conditions co-occurred. The cheek-raise and open-mouth dimensions of smiling appear to be associated with, respectively, the amplification of processes of sharing positive affect and of visual engagement that are present to a lesser degree in smiling alone.     

Preventing Persons Affected by Serious Mental Illnesses from Obtaining Firearms: The Evolution of Law,Policy, and Practice in Massachusetts

A history of commitment to a mental health facility disqualifies applicants for gun licenses. Identifying such a history has become increasingly complex as the locus of confinement has become more diversified and privatized. In Massachusetts, prior to 2014, the databases used to identify individuals who would be disqualified on such grounds had not contemporaneously matched the evolution of the state's mental health systems. A survey of Massachusetts police chiefs, who, as in many jurisdictions, are charged with certifying qualification, indicates that some have broadened the scope of their background checks to include the experience of their officers with respect to certain applicants. The survey identifying these patterns, conducted in 2014, preceded by one month significant legislative reforms that mandate the modification of the reporting into a centralized database commitments to all types of mental health and substance use facilities, thus allowing identification of all commitments occurring in the state. The anticipated utilization of a different database mechanism, which has parallels in several other states, potentially streamlines the background check process, but raises numerous concerns that need to be addressed in developing and using such databases. Copyright © 2015 John Wiley & Sons, Ltd.     

Most People are Pretty Happy,but There is Cultural Variation: The Inughuit,The Amish,and The Maasai

Diener and Diener (1996; Psychological Science 7: 181–185) suggested that most people are happy, and offered support for this claim from surveys in industrialized societies. We extend their findings to include people who lead materially simple lives and live in cultures far removed from those of typical survey respondents. We found that the Kenyan Maasai, the United States Amish, and the Greenlandic Inughuit, all reported positive levels of life satisfaction, domain satisfaction, and affect balance (more frequent positive emotions than negative ones). Across satisfaction and affect measures, including methods in addition to global self-reports, our 358 respondents from these cultures were one average, positive on all 54 scales, and significantly above neutral on 53 of them. Across all measures and samples 84% of participants scored above neutral. However, nobody was perfectly happy and satisfied, and the groups reported unique configurations of satisfaction and affect. Although all three groups were high in satisfaction with so cial domains, the Amish reported lower satisfaction with self-related domains, and the Maasai and Inughuit were relatively lower in satisfaction with material domains. All three groups reported frequent positive emotions, but only the Maasai reported frequent feelings of pride. Thus, the fact that most people tend to be moderately happy does not mean that they are ecstatic, or that there is no variation across cultures in happiness.     

Risk-Taking and Creativity: Convergent,but Not Divergent Thinking Is Better in Low-Risk Takers

The relationship between risk-taking and creativity is critical to understanding social harmony and innovation. Although some studies have assessed the link between risk-taking and divergent thinking, the association between risk-taking and convergent thinking remains unclear. Two studies were conducted to systemically investigate whether risk-taking is linked to convergent thinking. In Study 1, a sample of 127 healthy participants performed a Chinese remote associate test (RAT) and completed a risk-taking questionnaire. As predicted, risk-taking was negatively correlated with RAT performance, implying that risk-taking has a negative association with convergent thinking. Study 2 was an online survey study that replicated Study 1 and extended the measures to include self-rated risk and a measure of divergent thinking (the alternate uses task). The findings were fully replicated, showing that low risk-taking goes with better convergent thinking and risk-taking was not significantly correlated with divergent thinking. Furthermore, the risk-taking/convergent-thinking relationship was best described by a linear regression model in both studies. Taken together, these results suggest that appropriate reductions in risk-taking can boost convergent thinking.     

Roberts's, Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law

Book reviewed in this article:
Melinda Roberts, Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law     

Back to basics: Percentage agreement measures are adequate, but there are easier ways

Percentage agreement measures of interobserver agreement or "reliability" have traditionally been used to summarize observer agreement from studies using interval recording, time-sampling, and trial-scoring data collection procedures. Recent articles disagree on whether to continue using these percentage agreement measures, and on which ones to use, and what to do about chance agreements if their use is continued. Much of the disagreement derives from the need to be reasonably certain we do not accept as evidence of true interobserver agreement those agreement levels which are substantially probable as a result of chance observer agreement. The various percentage agreement measures are shown to be adequate to this task, but easier ways are discussed. Tables are given to permit checking to see if obtained disagreements are unlikely due to chance. Particularly important is the discovery of a simple rule that, when met, makes the tables unnecessary. If reliability checks using 50 or more observation occasions produce 10% or fewer disagreements, for behavior rates from 10% through 90%, the agreement achieved is quite improbably the result of chance agreement.     

The Social Psychology of Jury Nullification: Predicting When Jurors Disobey the Law1

The United States judiciary assumes jurors obey the law as it is charged to them in the trial judge's instructions. This paper contends that jurors' comprehension of the law results from an active intelligence which makes available alternative decision rules giving rise to the power of juries to nullify instructions. To study the compliance assumption, we presented to mock jurors pattern jury instructions along with summaries of testimonies from a rape trial. Four times during the trial we administered to participants measures of their attributions of defendant responsibility, judgments about the legal elements of the case, and verdicts. Multiple regressions conducted with data from separate subsamples and with separate questionnaire administrations revealed that a) verdicts were based on attributions independent of the jury instructions, b) individual differences in life experiences predicted the degree to which decision makers used their attributions, and c) the more practiced participants were at applying the jury instructions the more heavily they weighed their own attributions and less heavily the judgments required by the law. We concluded that comprehension alone cannot predict the likelihood that jurors will comply with the law. Therefore, the assumption that jurors follow the law needs to be more carefully considered.     

Young infants are pro-victims,but it depends on the context

The current study examined whether and when young infants are sensitive to distressed others, using two experiments with a forced-choice paradigm. Experiment 1 showed that 5- to 9-month-old infants demonstrate a clear pro-victim preference: Infants preferred a distressed character that had been physically harmed over a matched neutral character. Experiment 2 showed that infants’ preference for a distressed other is not invariable, but rather depends on the context: Infants no longer preferred the distressed character when it expressed the exact same distress but for no apparent reason. These findings have implications for the early ontogeny of human compassion and morality, addressed in the discussion.     

All units are equal in humpback whale songs,but some are more equal than others

Animal Cognition - Flexible production and perception of vocalizations is linked to an impressive array of cognitive capacities including language acquisition by humans, song learning by birds,...     

Identity aftereffects, but not composite effects, are contingent on contrast polarity

People are very good at discriminating faces despite their gross similarity. Our ability to capitalize on the variance that exists between faces has been attributed to an adaptive face-coding system. Evidence from psychophysical adaptation paradigms has generally supported this view, although results from other paradigms have suggested alternative accounts. The composite face-effect (CFE), for example, has been used to argue that holistic processing supports face discrimination. The question addressed here is whether the notion of holistic processing can be integrated with the notion of an adaptive face-coding system. Experiment 1 clearly demonstrates that the CFE acts on contrast-reversed faces while experiment 2 reveals that face-space adaptation depends on contrast polarity, consistent with previous observations of contrast-reversal impairing discrimination performance. Our results suggest that two popular theoretical frameworks in the face-recognition literature can be integrated, with holistic processing occurring at an earlier stage than face discrimination.     

The logic in language: How all quantifiers are alike,but each quantifier is different

Quantifier words like each, every, all and three are among the most abstract words in language. Unlike nouns, verbs and adjectives, the meanings of quantifiers are not related to a referent out in the world. Rather, quantifiers specify what relationships hold between the sets of entities, events and properties denoted by other words. When two quantifiers are in the same clause, they create a systematic ambiguity. “Every kid climbed a tree” could mean that there was only one tree, climbed by all, or many different trees, one per climbing kid. In the present study, participants chose a picture to indicate their preferred reading of different ambiguous sentences – those containing every, as well as the other three quantifiers. In Experiment 1, we found large systematic differences in preference, depending on the quantifier word. In Experiment 2, we then manipulated the choice of a particular reading of one sentence, and tested how this affected participants’ reading preference on a subsequent target sentence. We found a priming effect for all quantifiers, but only when the prime and target sentences contained the same quantifier. For example, all-a sentences prime other all-a sentences, while each-a primes each-a, but sentences with each do not prime sentences with all or vice versa. In Experiment 3, we ask whether the lack of priming across quantifiers could be due to the two sentences sharing one fewer word. We find that changing the verb between the prime and target sentence does not reduce the priming effect. In Experiment 4, we discover one case where there is priming across quantifiers – when one number (e.g. three) is in the prime, and a different one (e.g. four) is in the target. We discuss how these findings relate to linguistic theories of quantifier meaning and what they tell us about the division of labor between conceptual content and combinatorial semantics, as well as the mental representations of quantification and of the abstract logical structure of language.     

Many stimuli are frightening,but some are more frightening than others: The contributions of preparedness,dangerousness, and unpredictability to making a stimulus fearful

The nonrandom distribution of situational fears has been explained by evolutionary survival relevance of specific fears. Thirty-eight stimuli were taken from the literature on preparedness and were scored on fearfulness, objective dangerousness, and spatiotemporal unpredictability by three separate groups of students. The same items were scored on survival relevance by 15 biologists. Fearfulness of cues significantly correlated not only with survival relevance but also, and even more strongly, with dangerousness and unpredictability. While the fear/survival relevance association virtually disappeared when the unpredictability contribution was partialed out, the fear/unpredictability correlation was only marginally affected when controlling for survival relevance. This suggests that nonrandomness of feared stimuli may result from the spatiotemporal unpredictability that is attributed to these stimuli. The current practice of using snakes and spiders as phobia-relevant, and flowers and mushrooms as neutral, cues was not justified by the ratings of the 15 independent experts.This study was supported in part by a grant from the Dutch Organization for Fundamental Research (ZWO/Psychon, 560-268-001).