The Situationist

The Situation of Legal Judgments – Abstract

Posted by The Situationist Staff on January 28, 2009

Scales of JusticeBarbara O’Brien and Daphna Oyserman recently posted a draft of their paper, “It’s Not Just What You Think But Also How You Think About it: The Effect of Situationally Primed Mindsets on Legal Judgments and Decision Making” (forthcoming in 92 Marquette L. Rev. (2008)) on SSRN.  Here’s the abstract.

* * *

Lawyers intuitively understand that individual differences matter for legal judgments and decision making, and that calling forth certain concepts can affect how people interpret and judge evidence. But they generally overlook the influence of mindset on those very same judgments–that is, they fail to consider how situational cues can prime a way of making sense of the world that affects how people perceive evidence and receive arguments. We present two studies demonstrating the effect of priming a particular type of mindset–a focus on either achieving success or avoiding failure–on attitudes about criminal justice policy and willingness to take action based on limited evidence in a criminal case. We then discuss other mindsets that are potentially relevant to legal judgments and decision making, offering hypotheses about their likely effects and highlighting the need for further empirical research.

About these ads

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
Follow

Get every new post delivered to your Inbox.

Join 847 other followers

%d bloggers like this: