Fairness lies in the heart of the beholder: How the social emotions of third parties influence reactions to injustice

The present research explores third parties’ (e.g., jurors, ombudsmen, auditors, and employees observing others’ encounters) ability to objectively judge fairness. More specifically, the current research suggests that third parties’ justice judgments and reactions are biased by their attitudes toward the decision recipient and, in particular, the affective aspect of those attitudes as characterized by their felt social emotions. We explore how the congruence of a social emotion (i.e., the extent to which the emotion reflects feeling a subjective sense of alignment with the target of the emotion) can influence their evaluations of recipients’ decision outcomes. The five studies presented show that congruence can lead third parties to react positively to objectively unfair decision outcomes and, importantly, that the influence of social emotions on subjective justice judgments drive third party reactions to decisions, decision makers, and even national policies.     

Bailing and jailing the fast and frugal way

Legal decisions such as the decision to bail upon adjourning a case have major consequences for both defendants and society. In the English system, magistrates, most of whom are lay people, are afforded considerable discretion and must work under constraints such as time pressure. Judgment analysis of the bail decision making policies of 81 magistrates from 44 courts throughout England and Wales revealed intra‐ and inter‐magistrate inconsistency in bail decisions, discrepancies between stated and elicited cue use, and high levels of post‐decisional confidence. Furthermore, magistrates' policies were better described and predicted by a fast and frugal model characterized by noncompensatory cue use, than by either of two compensatory integration models. The fast and frugal model portrays a picture of bail decision making that conflicts with the ideal practice as defined by the due process model of justice. We discuss the implications of these findings for judgment and decision making research and criminal justice policy. Copyright © 2001 John Wiley & Sons, Ltd.     

Stakes and risk: Incapacitative intent in sentencing decisions

Measures of seriousness of the conviction offense and prior criminal record are strong correlates of sentences. This is consistent with a desert orientation to sentencing. Competing sentencing theories emphasize concepts of risk and incapacitation, but their roles in sentencing decisions have received less attention. This study focused on judicial risk assessments and on the concept of stakes. Both variables plausibly are related to incapacitative intents of judges. Our hypotheses that the risk and stakes measures used are relatively independent and correlated with, and have an interaction effect on, decision outcomes were supported. Both judges' assessments of risk and our stakes scale accounted for substantial variation in the decision to incarcerate. Time actually served in confinement also was related substantially to stakes, risk, and their interaction. Implications of the stakes and risk concepts for future guidelines development and decision study in criminal justice are discussed.     

The moment of truth: Conceptualizing managerial work‐life policy allowance decisions

Organizational efforts of adopting, designing, and implementing work‐family policies converge into single, discretionary decisions of supervisors whether or not to ‘allow’ these policies to specific employees under their supervision. These decisions are referred to as allowance decisions. In order to close a theoretical gap in current work‐family literature, we present an integrated, conceptual model of managerial allowance decisions. We develop propositions regarding factors that influence a supervisor's allowance decision at three different levels of analysis and behavioural outcomes in employees. Building on organizational justice theory, moderating effects of employees' fairness perceptions of allowance decisions are discussed. Finally, we outline implications for future research and recommendations for managers in organizations.     

On avoiding framing effects in experienced decision makers

The present study aimed to (a) demonstrate the effect of positive–negative framing on experienced criminal justice decision makers, (b) examine the debiasing effect of visually structured risk messages, and (c) investigate whether risk perceptions mediate the debiasing effect of visual aids on decision making. In two phases, 60 senior police officers estimated the accuracy of a counterterrorism technique in identifying whether a known terror suspect poses an imminent danger and decided whether they would recommend the technique to policy makers. Officers also rated their confidence in this recommendation. When information about the effectiveness of the counterterrorism technique was presented in a numerical format, officers' perceptions of accuracy and recommendation decisions were susceptible to the framing effect: The technique was perceived to be more accurate and was more likely to be recommended when its effectiveness was presented in a positive than in a negative frame. However, when the information was represented visually using icon arrays, there were no such framing effects. Finally, perceptions of accuracy mediated the debiasing effect of visual aids on recommendation decisions. We offer potential explanations for the debiasing effect of visual aids and implications for communicating risk to experienced, professional decision makers.     

Moral Hazard in Pediatrics

“Moral hazard” is a term familiar in economics and business ethics that illuminates why rational parties sometimes choose decisions with bad moral outcomes without necessarily intending to behave selfishly or immorally. The term is not generally used in medical ethics. Decision makers such as parents and physicians generally do not use the concept or the word in evaluating ethical dilemmas. They may not even be aware of the precise nature of the moral hazard problem they are experiencing, beyond a general concern for the patient's seemingly excessive burden. This article brings the language and logic of moral hazard to pediatrics. The concept reminds us that decision makers in this context are often not the primary party affected by their decisions. It appraises the full scope of risk at issue when decision makers decide on behalf of others and leads us to separate, respect, and prioritize the interests of affected parties.     

Decision-Making: A Dilemma and a Purpose for Counseling

A goal of counseling is to help decision makers make good decisions. But what is meant by “good”? Two views are discussed: outcome and process. The former is concerned with real-life results after the decision is made, the latter with the quality of the deliberations during the decision-making process. The counselor's interaction occurs during the process and is in terms of the decision maker's statements about reality (rather than reality itself). These statements are often unrealistic in that they inaccurately reflect conditions in real life. Counselors should help decision makers change their inaccurate perceptions so that (1) process deliberations are more likely to lead to expected outcomes, and (2) the decision maker is more likely to be prepared for whatever outcomes occur.     

Eyes on the Prize? Evidence of Diminishing Attention to Experienced and Foregone Outcomes in Repeated Experiential Choice

Recently, there has been increased interest in decisions‐from‐experience (where decision makers learn from observing the outcomes of previous choices), which provide valuable insights into the learning and preference construction processes underlying many daily decisions. Several process models have been developed to capture these processes, and while such models often fit the data well, many assume that the decision maker is a vigilant observer, processing each outcome. In two studies, we provide a critical test of this assumption using eye tracking to record directed visual attention when participants choose repeatedly among two options, each time being shown the outcome for their chosen option and for the foregone option. Consistently, we find that the vigilance assumption is not supported, with decision makers often not attending to outcome information. Moreover, (in)attention to outcomes is predictable, with vigilance decreasing as more choices are made, and being greater for obtained than for foregone outcomes, and when options deliver only gains as opposed to losses or a mixture of gains and losses. Furthermore, we find that this variation in attentional allocation plays a central role in the apparent indecisiveness (inconsistency) in choice, with increased attention to foregone outcomes predicting switches to that option on the next choice. Together, these findings highlight the value of eye tracking in investigations of decisions‐from‐experience, providing novel insight into the cognitive processes underlying them. Copyright © 2015 John Wiley & Sons, Ltd.     

Making sense of risk

Although actuarial risk prediction tools are widely used in the American criminal justice system, the lawyers, judges, and correctional workers who consult these products in making decisions often misunderstand fundamental aspects of how they work and what information they provide. This article suggests that the best way to ensure risk assessment tools are being used in ways that are just and equitable is to ensure that those who use them better understand three key aspects of what information they do – and do not – reveal. Doing so requires clarifying what risk is being predicted, explaining what risk levels signify, and enumerating how risk-related information is and is not relevant to specific criminal justice decisions.     

Deciding the Fate of Others: The Cognitive Underpinnings of Racially Biased Juror Decision Making

In criminal law, jurors are supposed to ignore defendant race when considering factual matters of culpability. However, when judging the merits of a criminal case, jurors’ ability (or inability) to avoid bias may affect verdicts. Fact-based decision making expend cognitive resources, while heuristic-based decisions (e.g., using criminal stereotypes) conserve resources. Here, we investigated whether differences in cognitive resources and prejudice attitudes about Blacks influenced trial outcomes. We tested the impact of working memory capacity (WMC), cognitive load, prejudice, and target race (Black, White) on penalties ascribed to fictional criminal defendants in ambiguous-fact cases. Results showed that when “loaded,” prejudiced-low-WMC persons supported guilty verdicts with higher confidence more often for Black than White defendants. Conversely, regardless of WMC or prejudice attitude, participants penalized White defendants more often when not loaded. We suggest that cognitive resources and prejudice attitude influence fact-based decisions. Links to juror judgments and potential trial outcomes are discussed.     

犯罪行为决策的理论与研究方法

犯罪行为是犯罪人决策的结果。犯罪行为决策研究旨在通过运用认知心理学的有关原理,说明犯罪行为实施之前的行为决策过程及影响因素,其成果能为国家制定刑事政策与犯罪预防政策等提供理论依据。犯罪行为决策的理论模型主要可分为犯罪理性模型、犯罪期望效用模型和犯罪前景理论模型。犯罪行为决策的研究方法主要采用心理物理法、过程追踪法、访谈法、投射测验法和犯罪统计法等。展望未来,应进一步探讨犯罪行为决策的理性与非理性问题,并加强对犯罪行为决策的验证性研究。     

Moving Beyond the Individual: Examining the Effects of Domestic Violence Policies on Social Norms

To be effective, criminal justice policies should affect the underlying social norms for which the policies were enacted. This study sought to determine whether public perceptions of criminal justice policies on domestic violence affected social norms. Two waves of data were collected via a telephone survey where a random probability sample of 973 residents was drawn from 4 communities. A structural equation model was tested and confirmed. Results provided strong support for the hypothesis that perceptions of criminal justice policies have direct effects on attitudes toward criminal justice response, and indirect effects on victim-blaming attitudes, both underlying social norms related to domestic violence. The enactment of criminal justice policies, therefore, may have an impact beyond victims and perpetrators and lead to a transformation of the community through the emergence of new social norms. Public awareness campaigns designed to disseminate criminal justice policies may be instrumental in provoking social change.     

The Influence of Decision Makers' Goals on Their Concerns About Procedural Justice1

Two studies examine how decision makers' goals of enhancing organizational effectiveness and promoting positive interpersonal relations shape their decision making when they are allocating scarce resources among group members. Past research has conceptualized this problem as one of balancing between the use of two distributive justice principles: equity and equality. The studies reported examine the degree to which authorities are also concerned about issues of procedural justice. The results suggest that experienced decision makers—both managerial and administrative—believe that when trying to maintain positive interpersonal relations it is as important to use decision-making procedures that will be regarded as fair (procedural justice) as it is to allocate outcomes in ways which will be regarded as fair (distributive justice). Decision makers' definitions of procedural justice are also examined.     

How Politicians’ Reelection Efforts Can Reduce Public Trust,Electoral Support,and Policy Approval

Politicians’ desire for reelection motivates them to be responsive to voters’ policy preferences. In the traditional view, voters choose between candidates based on their delivery of favorable outcomes such as ideologically appealing policies or a prospering economy. However, research in psychology shows that, in addition to outcomes, people care about procedural fairness and, particularly, impartial decision‐makers who make decisions without personal motives and interests. This, I argue, confronts politicians with a delicate task: politicians must present voters with favorable policy outcomes but without appearing as if they pursue these policies based on a personal, vote‐maximizing motive for reelection. In four survey experiments, I find support for this argument. Participants were significantly less inclined to trust and vote for politicians and support their policies when political decisions were described as motivated by reelection considerations than when no such motive was present. The findings advance our understanding of how citizens view political representation and have important implications for research on public opinion, legislative behavior, and democratic theory.     

Attributions of responsibility and affective reactions to decision outcomes

Immediate affective reactions to outcomes are more intense following decisions to act than following decisions not to act. This finding holds for both positive and negative outcomes. We relate this "actor-effect" to attribution theory and argue that decision makers are seen as more responsible for outcomes when these are the result of a decision to act as compared to a decision not to act. Experiment 1 (N = 80) tests the main assumption underlying our reasoning and shows that affective reactions to decision outcomes are indeed more intense when the decision maker is seen as more responsible. Experiment 2 (N = 40) tests whether the actor effect can be predicted on the basis of differential attributions following action and inaction. Participants read vignettes in which active and passive actors obtained a positive or negative outcome. Action resulted in more intense affect than inaction, and positive outcomes resulted in more intense affect than negative outcomes. Experiment 2 further shows that responsibility attributions and affective reactions to outcomes are highly correlated; that is, more extreme affective reactions are associated with more internal attributions. We discuss the implications for research on post-decisional reactions.     

Training in law and behavioral sciences: Issues from the criminal justice perspective

Interdisciplinary training in behavioral sciences and the law should be appropriate for a criminal justice education program. However, adopting such an interdisciplinary goal is problematic because the divisions in the types of educational curricula need to be confronted. The relationships of the criminal justice academic community with the profession, and of the behavioral sciences with present criminal justice policies, must also be addressed in the attempt to develop familiarity with behavioral sciences and their legal relevance in shaping the criminal justice system. These factors may hinder extensive implementation of such training. Suggestions are made for incorporating this raining in a criminal justice curriculum.     

Dynamic multiple-objective optimization of environmental regulation policies

Environmental regulation policies are tested via alternative multi-objective criteria in order to test their efficiency when they are spread over time—that is in a dynamic setting. The implication is carried to the Haifa Bay area in Israel with an extension to the entire country. The results presented in this paper can give decision makers another perspective of their decisions. The implication of their choice on the state(s) of the system through time so they can test the efficiency criterion in each period of the planning horizon. © 1998 John Wiley & Sons, Ltd.     

Does Having a Say Matter Only if You Get Your Way? INstrumental and Value-Expressive Effects of Employee Voice

Research shows that employees can have process control, decision control, or both, over work outcomes. Process control refers to the extent to which workers have a chance to express their opinions about decisions. Decision control refers to any actual degree of influence over the decision that is made. Both variables have been shown to affect procedural justice, a sense of fairness about how things are done at work, and eventual outcome satisfaction. Some claim that process control has its effect because it contributes to workers' feelings of control over the decision or outcome--the instrumentality perspective. Others claim that process control has an independent effect on procedural justice that is not mediated by perceptions of decision control--the value-expressive approach. These theorists believe that workers value having their opinion heard, independent of any increase in decision control. We present a study that examines these models in a work setting. Structural equation analyses revealed that process control did have a significant direct effect on procedural justice: having a say is not completely dependent on getting one's way. Process control also had a smaller, but still significant, indirect effect on procedural justice that was mediated by decision control. Congruence with prior research and future research implications are discussed.