Criticisms of the criminal justice system: A decision making analysis

When a decision making analysis is applied to key decisions within the criminal justice system, e.g., bail, sentencing, and plea bargaining, a wide range of evidence suggests that the decision makers believe they follow policies other than those that actually guide their decisions; that the policies that are followed are often simple ones, involving only a few decision factors; and that the decision outcomes are often assigned to defendants in a reasonable manner but that, even so, the outcomes are often ineffective. Because many proposals for the reform of the criminal justice system are based on the testimony of decision makers and “experts” whose knowledge of the system is often flawed, it is unlikely that reforms will have a beneficial impact on criminal behavior until much more is known about the day-to-day decisions of judges, prosecutors, and probation officers.     

Juvenile psychopathy and judicial decision making: an empirical analysis of an ethical dilemma

In the burgeoning juvenile psychopathy literature, there is a debate on whether it is appropriate to apply this construct to youths. Some have suggested that labeling children/adolescents as psychopathic might result in negative consequences, such as being recommended for more restrictive placements. However, the scant evidence is equivocal. This study provides additional insights on this issue by assessing judicial perceptions and recommendations to a hypothetical case. Results indicate that psychopathy influenced perceptions of amenability (eta = .12) and dangerousness (eta = .25), and recommendations for placement (eta = .11). More specifically, youth who were both labeled as psychopathic and ascribed psychopathic traits were viewed as less amenable to treatment and more dangerous and were more likely to be recommended for a restrictive placement than youth who were neither labeled nor described as such. The effect of psychopathy on placement recommendations, however, was not significant after controlling for perceptions of dangerous. This suggests that the influence of psychopathy on judicial restrictiveness may operate through the perceived dangerousness of the youth.     

Reasoning and mathematical skills contribute to normatively superior decision making under risk: evidence from the game of dice task

In this study, we assessed to what extent reasoning improves performance in decision making under risk in a laboratory gambling task (Game of Dice Task-Double, GDT-D). We also investigated to what degree individuals with above average mathematical competence decide better than those with average mathematical competence. Eighty-five participants performed the GDT-D and several numerical tasks. Forty-two individuals were asked to calculate the probabilities and the outcomes associated with the different options of the GDT-D before performing it. The other 43 individuals performed the GDT-D at the beginning of the test session. Both reasoning and mathematical competence had a positive effect on decision making. Different measures of mathematical competence correlated with advantageous performance in decision making. Results suggest that decision making under explicit risk conditions improves when individuals are encouraged to reflect about the contingencies of a decision situation. Interventions based on numerical reasoning may also be useful for patients with difficulties in decision making.     

Numeracy in the jury box: Numerical ability,meaningful anchors,and damage award decision making

This project employs an experimental design to test theoretical predictions regarding how numeracy can assist jurors in determining damage awards to compensate a plaintiff for pain and suffering and how the use of meaningful numerical anchors may produce similar benefits. Mock jurors (N = 345) reviewed a legal case and were asked to give a dollar award to compensate the plaintiff for pain and suffering. The presence and nature of a numerical anchor and the duration of pain and suffering were manipulated. Participants' numeracy was measured. Results provided support for predictions. Jurors higher in numeracy gave awards that more appropriately reflected the duration of pain and suffering and showed less variability in awards. Similar benefits were obtained by exposing jurors to meaningful numerical anchors to help them contextualize dollar amounts. Thus, introducing meaningful anchors to jurors may provide similar benefits to numeracy, without the drawbacks associated with selecting only numerate jurors.     

身体姿势启动的内隐权力感对公平决策的影响

已有研究表明, 扩张身体姿势可启动个体的权力感。基于具身认知的视角, 实验1考察身体姿势对免惩罚游戏的提议者进行金钱分配时的影响, 实验2和实验3分别考察最后通牒游戏、免惩罚游戏的回应者在蜷缩和扩张姿势下对各种分配类型方案的拒绝率。结果表明, 与蜷缩姿势相比, 扩张姿势使个体更倾向于在免惩罚游戏提议者角色时做出更多的利己不公平分配, 同时使个体更倾向于拒绝最后通牒游戏和免惩罚游戏中的不公平分配。本研究证明了扩张姿势启动的权力感可影响个体的公平决策。     

Effect of continuing care for people with cocaine dependence on criminal justice sentences

While continuing care for substance use treatment has been associated with reduced involvement in the criminal justice system, much of this research lacks random assignment to continuing care and so is limited by self‐selection bias. This study sought to determine the impact of adding telephone‐based continuing care to intensive outpatient programs on criminal justice outcomes for people with cocaine dependence. In three continuing care studies, spanning 1998–2008, participants were randomly assigned to an intensive outpatient program or an intensive outpatient program plus a telephone‐based continuing care intervention. Cocaine‐dependent participants from these three studies were included in the analyses, with outcomes derived from a dataset of jurisdiction‐wide criminal sentences from a state sentencing agency. Multiple logistic regression was employed to examine the odds of a criminal conviction occurring in the 4 years after enrollment in a continuing care study. The results showed that, controlling for a criminal sentence in the previous year, gender, age, and continuing care study, people with cocaine dependence randomized to an intensive outpatient program plus a telephone‐based continuing care intervention had 54% lower odds (p = 0.05, odds ratio = 0.46, 95% CI: 0.20–1.02) of a criminal sentence in the 4 years after enrollment in the continuing care study, compared with those randomized to an intensive outpatient program alone. We can conclude that adding telephone monitoring and counseling to intensive outpatient programs is associated with fewer criminal convictions over a 4‐year follow‐up period compared with intensive outpatient programs alone.     

Anterior insula activity predicts the influence of positively framed messages on decision making

The neural mechanisms underlying the influence of persuasive messages on decision making are largely unknown. We address this issue using event-related fMRI to investigate how informative messages alter risk appraisal during choice. Participants performed the Iowa Gambling Task while viewing a positively framed, negatively framed, or control message about the options. The right anterior insula correlated with improvement in choice behavior due to the positively framed but not the negatively framed message. With the positively framed message, there was increased activation proportional to message effectiveness when less-preferred options were chosen, consistent with a role in the prediction of adverse outcomes. In addition, the dorsomedial and the left dorsolateral prefrontal cortex correlated with overall decision quality, regardless of message type. The dorsomedial region mediated the relationship between the right anterior insula and decision quality with the positively framed messages. These findings suggest a network of frontal brain regions that integrate informative messages into the evaluation of options during decision making. Supplemental procedures and results for this article may be downloaded from http://cabn.psychonomic-journals.org/content/supplemental.     

Emotions and decision making: Regulatory focus moderates the influence of anticipated emotions on action evaluations

We investigate the moderating effects of self-regulatory foci (Higgins, 1996a) on the impact of anticipated emotions in decision making. We hypothesise that regulatory focus moderates the relationships between anticipated emotions of success and failure of performing an act and evaluations of the act. A promotion focus should highlight the role of dissatisfaction-satisfaction emotions in predicting evaluations, whereas a prevention focus should emphasise the impact of relaxation-agitation emotions. Hypotheses were investigated in two studies. In the first, chronic self-regulatory orientations were assessed; in the second, self-regulatory concerns were manipulated. Results support the moderating effects of regulatory foci on the impact of negative anticipated emotions: Anticipated agitation induces more favourable action evaluations under a prevention focus; and anticipated dejection leads to more favourable action evaluations under a promotion focus. No interaction was detected involving positive emotions, suggesting that an asymmetry may exist in motivational regulation of emotional information.     

The influence of test scores and naturally-occurring pupil characteristics on psychoeducational decision making with children

A computer simulation of psychoeducational decision making was used to study the extent to which the assessment and decision-making process differs for different kinds of students, the extent to which naturally-occurring pupil characteristics (appearance, sex) influence diagnostic outcomes, and the extent to which decision makers perceive different assessment information and pupil characteristics as influencing their decisions. The decision-making process did not differ as a function of differences in referral information. While SES, sex and physical appearance did not affect outcome decisions, the nature of the reason for referral did. Scores on achievement tests, intelligence tests, and the disparity between the two were rated as having the greatest influence on the eligibility, classification, and prognostic decisions that were made. Decision makers said they were not influenced by naturally-occurring pupil characteristics.     

Lexical decision in sentences: Effects of syntactic structure

A lexical decision paradigm was used to examine syntactic influence on word recognition in sentences. Initial fragments of sentences were presented visually (CRT display) one word at a time (at reading speeds), from left to right. The string terminated with the appearance of a lexical decision target. The grammatical structure of the incomplete sentence affected lexical decision reaction time (RT). In Experiment 1, modal verb contexts followed by main verb targets and preposition contexts followed by noun targets produced lower RTs than did the opposite pairings (i.e., modal/noun and preposition/verb). In Experiment 2, transitive verb contexts followed by noun targets and subject noun phrase contexts followed by verb targets yielded lower RTs than did the opposite pairings. Similar contrasts for adjective targets did not yield comparable effects in Experiment 2, but did when the adjective was the head of a predictable phrase (Experiment 4). In Experiment 3, noun targets yielded lower RTs than did verb targets after contexts of a transitive verb followed by a prepositional phrase. An account of these effects is offered in terms of parsing constraints on phrasal categories.     

Test of a Level of Aspiration model of group decision making: Non-obvious group preference reversal due to an irrelevant alternative

We conducted two experiments that investigated a non-obvious prediction of a Level of Aspiration (LOA) model of group decision making. In both experiments, groups chose among three alternatives, A, B, and C, with C always being least preferred by all of the group members. In each experiment, by manipulating the nature of alternative C, we created two conditions differing in whether only A or only B was acceptable to all members. In support of the LOA model, groups tended to choose the alternative acceptable to all members, even when (Experiment 2) a majority of members most preferred a different alternative. Implications of the results for the LOA model are discussed in the context of social choice theory.     

Primary care decision making in response to psychological complaints: the influence of patient race

Eighteen general practitioners indicated diagnostic and treatment decisions in response to patient vignettes. Results indicated that White patients were more likely to be correctly diagnosed as having anxiety than any other complaint. Asians were just as likely to receive a physical diagnosis as they were to receive one of anxiety. Copyright © 2000 John Wiley & Sons, Ltd.     

The influence of response grouping on free-choice decision making in a response selection task

Previous research has demonstrated an advantage for the preparation of fingers on one hand over the preparation of fingers on two hands, and for the preparation of homologous fingers over that of non-homologous fingers. In the present study, we extended the precuing effects observed with finger responses to response selection under free-choice conditions. Participants were required to choose from a range of possible responses following the presentation of a precue that indicated which response to prepare (go-to precue) or prevent (no-go-to precue). In Experiment 1 the choice was between homologous and non-homologous finger responses on the hand opposite to the precue while in Experiment 2 the choice was between finger responses on the same or different hand to the precue. In the go-to precue condition, the frequency of homologous finger choices was more frequent than non-homologous finger responses. Similarly, participants chose finger responses on the same hand as the precue regardless of whether they were instructed to prepare or prevent the precued response. The hand effect bias was stronger than the finger effect bias. These findings are consistent with the Grouping Model (Adam, Hommel, & Umilta, 2003).     

The influence of number line estimation precision and numeracy on risky financial decision making

This study examined whether different aspects of mathematical proficiency influence one's ability to make adaptive financial decisions. “Numeracy” refers to the ability to process numerical and probabilistic information and is commonly reported as an important factor which contributes to financial decision‐making ability. The precision of mental number representation (MNR), measured with the number line estimation (NLE) task has been reported to be another critical factor. This study aimed to examine the contribution of these mathematical proficiencies while controlling for the influence of fluid intelligence, math anxiety and personality factors. In our decision‐making task, participants chose between two options offering probabilistic monetary gain or loss. Sensitivity to expected value was measured as an index for the ability to discriminate between optimal versus suboptimal options. Partial correlation and hierarchical regression analyses revealed that NLE precision better explained EV sensitivity compared to numeracy, after controlling for all covariates. These results suggest that individuals with more precise MNR are capable of making more rational financial decisions. We also propose that the measurement of “numeracy,” which is commonly used interchangeably with general mathematical proficiency, should include more diverse aspects of mathematical cognition including basic understanding of number magnitude.     

Playing the fool: Activists' performances of emotion in policy making spaces

This paper draws upon dramaturgical concepts from performance studies scholarship to examine how situated performance and context enmesh with the emotional content of the practices of policy making. Drawing on sociological dramaturgical perspectives, the cultural and literary criticism that inspired them, and in particular Bahktin's concepts of the grotesque and heteroglossia, I investigate the subversive use of humour in policy work as a way of revealing “emotional knowledge” about the issues under discussion. First I set out the way “emotion” was understood by participants in an NGO's programme of policy activities as a mode of knowing the world, and how emotion and rationality were embodied in the forums by activists and civil servants respectively. I take as a case study activists “playing the Fool” within a programme of policy work in which I conducted ethnographic research. These performances, once set within a mise-en-scène that includes furniture, smells, lighting and the physicality of the people involved, create complex, unsettling and intersecting networks of meaning about power and knowledge in policy work. I argue that such a dramaturgical approach to interpreting the work of making policy challenges scholars to accurately represent the multiplicity of meanings of “emotion” at play in any context.     

Motivational states influence effort-based decision making in rats: The role of dopamine in the nucleus accumbens

Decision-making policies are subject to modulation by changing motivational states. However, so far, little is known about the neurochemical mechanisms that bridge motivational states with decision making. Here we examined whether dopamine (DA) in the nucleus accumbens core (AcbC) modulates the effects of motivational states on effort-based decision making. Using a cost–benefit T-maze task in rats, we examined the effects of AcbC DA depletions on effort-based decision making, in particular on the sensitivity of effort-based decision making to a shift from a hungry to a sated state. The results demonstrated that, relative to sham controls, rats with AcbC DA depletion in a hungry as well as in a sated state had a reduced preference for effortful but large-reward action. This finding provides further support for the notion that AcbC DA regulates how much effort to invest for rewards. Importantly, our results further revealed that effort-based decision making in lesioned rats, as in sham controls, was still sensitive to a shift from a hungry to a sated state; that is, their preferences for effortful large-reward actions became lower after a shift from a restricted to a free-feeding regimen. These finding indicate that AcbC DA is not necessarily involved in mediating the effects of a shift in motivational state on decision-making policies.     

The influence of irrelevant information on speeded classification tasks

Multidimensional stimuli, which could vary on one, two, or all three dimensions within a particular series, were presented to Ss who were required to classify each stimulus on the basis of its value on a specified dimension. The prior relevance of the irrelevant dimensions and the difficulty of the task were varied. Latency and error data indicated that Ss were unable to gate the irrelevant information effectively. It was further concluded that this lack of perfect gating cannot be simply attributed to competing responses learned during the experiment.