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Racism is Still on the Table

Posted by The Situationist Staff on April 28, 2012

From CBS Charlotte:

A study conducted by researchers at North Carolina State University found that approximately 40 percent of wait staff decide how they are going to treat patrons based on their race.

The official study, “‘Because They Tip for S***!’: The Social Psychology of Everyday Racism in Restaurants,” and its controversial findings garnered national attention when they were published recently in the Journal of Black Studies.

Their collected data showed that 38.5 percent of servers said that race influenced their approach to waiting on patrons, and that 52.8 percent of servers saw co-workers engaging in discriminatory behavior through poor service.

Researchers were motivated by the potential to further discourse about a form of racism not frequently discussed, especially in a society described by some as “post-racial.”

“[We] were interested in studying tableside racism, or ‘dining while black,’ because of the continuing prevalence of subtle discrimination against African-Americans in everyday situations,” PhD candidate Sarah Nell Rusche told CBS Charlotte via e-mail. “Other forms of racial profiling … have been well documented and we wanted to further understandings of these forms of discrimination.”

 Surveys were administered by Rusche and the study’s co-author, Zachary W. Brewster, to 200 servers working at 18 full-service chain restaurants throughout the state during the summer and fall of 2004.

The study also chronicled the races waiters’ and waitresses’ sentiments regarding the most and least ideal races to serve, in addition to noting how a patron’s race may influence their behavior.

Those findings were consistent with the overall reported bias against black patrons – a reported 64.7 percent of waiters asked named whites as the most ideal race to serve, while 54.6 percent said African-Americans were the least ideal.

Rusche added that a significant contributing factor to such behavior was the stigma against African-Americans labeling them as bad tippers – a gesture sometimes meant to be indicative of inferior service, and what the study calls a “self-fulfilling prophecy.”

“[T]here is widespread belief among restaurant waitstaff that African-American customers are poor tippers,” she explained of the findings. “Since the bulk of servers’ income is from tips, many servers feel that prejudicial service based on perceived tip (which is also a race-based perception) is economically justifiable.”

Rusche suggested that restaurants looking to create an environment free of racial prejudices should take care to curb any speech or activity that may foster such sentiments.

“One thing our research shows is that workplace discourse frequently involves racist comments and discussions of customers’ race, including the use of code words meant to avoid overt bigotry,” Rusche observed. “So instead of recommending how establishments can avoid hiring racist individuals, I would recommend that they work to minimize the prevalence of racist workplace discourse that fosters these sentiments.”

More.

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The Costs of Living in a Material World

Posted by Adam Benforado on April 11, 2012

Are “material girls” born or bred?

In four new experiments, Northwestern University psychologist Galen V. Bodenhausen and his colleagues Monika A. Bauer, James E. B. Wilkie, and Jung K. Kim shed some light on this question.

Here is the abstract of the paper, forthcoming in Psychological Science:

Correlational evidence indicates that materialistic individuals experience relatively low levels of well-being. Across four experiments, we found that situational cuing can also trigger materialistic mind-sets, with similarly negative personal and social consequences. Merely viewing desirable consumer goods resulted in increases in materialistic concerns and led to heightened negative affect and reduced social involvement (Experiment 1). Framing a computer task as a “Consumer Reaction Study” led to a stronger automatic bias toward values reflecting self-enhancement, compared with framing the same task as a “Citizen Reaction Study” (Experiment 2). Consumer cues also increased competitiveness (Experiment 3) and selfishness in a water-conservation dilemma (Experiment 4). Thus, the costs of materialism are not localized only in particularly materialistic people, but can also be found in individuals who happen to be exposed to environmental cues that activate consumerism-cues that are commonplace in contemporary society.

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Homophobia = Self-phobia?

Posted by The Situationist Staff on April 8, 2012

From University of Rochester:

Homophobia is more pronounced in individuals with an unacknowledged attraction to the same sex and who grew up with authoritarian parents who forbade such desires, a series of psychology studies demonstrates.

The study is the first to document the role that both parenting and sexual orientation play in the formation of intense and visceral fear of homosexuals, including self-reported homophobic attitudes, discriminatory bias, implicit hostility towards gays, and endorsement of anti-gay policies. Conducted by a team from the University of Rochester, the University of Essex, England, and the University of California in Santa Barbara, the research will be published the April issue of the Journal of Personality and Social Psychology.

“Individuals who identify as straight but in psychological tests show a strong attraction to the same sex may be threatened by gays and lesbians because homosexuals remind them of similar tendencies within themselves,” explains Netta Weinstein, a lecturer at the University of Essex and the study’s lead author.

“In many cases these are people who are at war with themselves and they are turning this internal conflict outward,” adds co-author Richard Ryan, professor of psychology at the University of Rochester who helped direct the research.

The paper includes four separate experiments, conducted in the United States and Germany, with each study involving an average of 160 college students. The findings provide new empirical evidence to support the psychoanalytic theory that the fear, anxiety, and aversion that some seemingly heterosexual people hold toward gays and lesbians can grow out of their own repressed same-sex desires, Ryan says. The results also support the more modern self-determination theory, developed by Ryan and Edward Deci at the University of Rochester, which links controlling parenting to poorer self-acceptance and difficulty valuing oneself unconditionally.

The findings may help to explain the personal dynamics behind some bullying and hate crimes directed at gays and lesbians, the authors argue. Media coverage of gay-related hate crimes suggests that attackers often perceive some level of threat from homosexuals. People in denial about their sexual orientation may lash out because gay targets threaten and bring this internal conflict to the forefront, the authors write.

The research also sheds light on high profile cases in which anti-gay public figures are caught engaging in same-sex sexual acts. The authors write that this dynamic of inner conflict may be reflected in such examples as Ted Haggard, the evangelical preacher who opposed gay marriage but was exposed in a gay sex scandal in 2006, and Glenn Murphy, Jr., former chairman of the Young Republican National Federation and vocal opponent of gay marriage, who was accused of sexually assaulting a 22-year-old man in 2007.

“We laugh at or make fun of such blatant hypocrisy, but in a real way, these people may often themselves be victims of repression and experience exaggerated feelings of threat,” says Ryan. “Homophobia is not a laughing matter. It can sometimes have tragic consequences,” Ryan says, pointing to cases such as the 1998 murder of Matthew Shepard or the 2011 shooting of Larry King.

To explore participants’ explicit and implicit sexual attraction, the researchers measured the discrepancies between what people say about their sexual orientation and how they react during a split-second timed task. Students were shown words and pictures on a computer screen and asked to put these in “gay” or “straight” categories. Before each of the 50 trials, participants were subliminally primed with either the word “me” or “others” flashed on the screen for 35 milliseconds. They were then shown the words “gay,” “straight,” “homosexual,” and “heterosexual” as well as pictures of straight and gay couples, and the computer tracked precisely their response times. A faster association of “me” with “gay” and a slower association of “me” with “straight” indicated an implicit gay orientation.

A second experiment, in which subjects were free to browse same-sex or opposite-sex photos, provided an additional measure of implicit sexual attraction.

Through a series of questionnaires, participants also reported on the type of parenting they experienced growing up, from authoritarian to democratic. Students were asked to agree or disagree with statements like: “I felt controlled and pressured in certain ways,” and “I felt free to be who I am.” For gauging the level of homophobia in a household, subjects responded to items like: “It would be upsetting for my mom to find out she was alone with a lesbian” or “My dad avoids gay men whenever possible.”

Finally, the researcher measured participants’ level of homophobia – both overt, as expressed in questionnaires on social policy and beliefs, and implicit, as revealed in word-completion tasks. In the latter, students wrote down the first three words that came to mind, for example for the prompt “k i _ _”. The study tracked the increase in the amount of aggressive words elicited after subliminally priming subjects with the word “gay” for 35 milliseconds.

Across all the studies, participants with supportive and accepting parents were more in touch with their implicit sexual orientation, while participants from authoritarian homes revealed the most discrepancy between explicit and implicit attraction.

“In a predominately heterosexual society, ‘know thyself’ can be a challenge for many gay individuals. But in controlling and homophobic homes, embracing a minority sexual orientation can be terrifying,” explains Weinstein. These individuals risk losing the love and approval of their parents if they admit to same sex attractions, so many people deny or repress that part of themselves, she said.

In addition, participants who reported themselves to be more heterosexual than their performance on the reaction time task indicated were most likely to react with hostility to gay others, the studies showed. That incongruence between implicit and explicit measures of sexual orientation predicted a variety of homophobic behaviors, including self-reported anti-gay attitudes, implicit hostility towards gays, endorsement of anti-gay policies, and discriminatory bias such as the assignment of harsher punishments for homosexuals, the authors conclude.

“This study shows that if you are feeling that kind of visceral reaction to an out-group, ask yourself, ‘Why?'” says Ryan. “Those intense emotions should serve as a call to self-reflection.”

The study had several limitations, the authors write. All participants were college students, so it may be helpful in future research to test these effects in younger adolescents still living at home and in older adults who have had more time to establish lives independent of their parents and to look at attitudes as they change over time.

Other contributors to the paper include Cody DeHaan and Nicole Legate from the University of Rochester, Andrew Przybylski from the University of Essex, and William Ryan from the University of California in Santa Barbara.

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Posted in Abstracts, Choice Myth, Emotions, Implicit Associations, Social Psychology, Video | Tagged: , | 2 Comments »

The Situational Effects of Wealth and Status

Posted by The Situationist Staff on April 6, 2012

From University of California Berkeley:

The upper class has a higher propensity for unethical behavior, being more likely to believe – as did Gordon Gekko in the movie “Wall Street” – that “greed is good,” according to a new study from the University of California, Berkeley.

In seven separate studies conducted on the UC Berkeley campus, in the San Francisco Bay Area and nationwide, UC Berkeley researchers consistently found that upper-class participants were more likely to lie and cheat when gambling or negotiating; cut people off when driving, and endorse unethical behavior in the workplace.

“The increased unethical tendencies of upper-class individuals are driven, in part, by their more favorable attitudes toward greed,” said Paul Piff, a doctoral student in psychology at UC Berkeley and lead author of the paper published today (Monday, Feb. 27) in the journal Proceedings of the National Academy of Sciences.

Piff’s study is the latest in a series of UC Berkeley scholarly investigations into the relationship between socio-economic class and prosocial and antisocial emotions and behaviors, revealing new information about class differences during a time of rising economic tension.

“As these issues come to the fore, our research – and that by others – helps shed light on the role of inequality in shaping patterns of ethical conduct and selfish behavior, and points to certain ways in which these patterns might also be changed,” Piff said.

To investigate how class relates to ethical conduct, the researchers surveyed the ethical tendencies of more than 1,000 individuals of lower-, middle- and upper-class backgrounds. Volunteers reported their social class using the MacArthur Scale of Subjective Socioeconomic Status and filled out surveys revealing their attitudes about unprincipled behaviors and greed. They also took part in tasks designed to measure their actual unethical behavior.

In two field studies on driving behavior, upper-class motorists were found to be four times more likely than the other drivers to cut off other vehicles at a busy four-way intersection and three times more likely to cut off a pedestrian waiting to enter a crosswalk. Another study found that upper-class participants presented with scenarios of unscrupulous behavior were more likely than the individuals in the other socio-economic classes to report replicating this type of behavior themselves.

Participants in the fourth study were assigned tasks in a laboratory where a jar of candy, reserved for visiting children, was on hand, and were invited to take a candy or two. Upper-class participants helped themselves to twice as much candy as did their counterparts in other classes.

In the fifth study, participants each were assigned the role of an employer negotiating a salary with a job candidate seeking long-term employment. Among other things, they were told that the job would soon be eliminated, and that they were free to convey that information to the candidate. Upper-class participants were more likely to deceive job candidates by withholding this information, the study found.

In the sixth study, participants played a computerized dice game, with each player getting five rolls of the dice and then reporting his or her scores. The player with the highest score would receive a cash prize. The players did not know that the game was rigged so that each player would receive no more than 12 points for the five rolls. Upper-class participants were more likely to report higher scores than would be possible, indicating a higher rate of cheating, according to the study.

The last study found attitudes about greed to be the most significant predictor of unethical behavior. Participants were primed to think about the advantages of greed and then presented with bad behavior-in-the-workplace scenarios, such as stealing cash, accepting bribes and overcharging customers. It turned out that even those participants not in the upper class were just as likely to report a willingness to engage in unethical behavior as the upper-class cohort once they had been primed to see the benefits of greed, researchers said.

“These findings have very clear implications for how increased wealth and status in society shapes patterns of ethical behavior, and suggest that the different social values among the haves and the have-nots help drive these tendencies,” Piff said of the cumulative findings.

Paper: “High social class predicts increased unethical behavior,” by Paul K. Piff, Daniel M. Stancato, Stéphane Côté, Rodolfo Mendoza-Denton, and Dacher Keltner, PNAS (2012). (link)

NPR Marketplace Story on Paper.

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The Situation of the Voting Booth

Posted by The Situationist Staff on April 4, 2012

Stanford University Press Release (2008):

What would you say influenced your voting decisions in the most recent local or national election? Political preferences? A candidate’s stance on a particular issue? The repercussions of a proposition on your economic well-being? All these “rational” factors influence voting, and peoples’ ability to vote, based on what is best for them, is a hallmark of the democratic process.

But Stanford Graduate School of Business researchers, doctoral graduates Jonah Berger and Marc Meredith, and S. Christian Wheeler, associate professor of marketing, conclude that a much more subtle and arbitrary factor may also play a role—the particular type of polling location in which you happen to vote.

It’s hard to imagine that something as innocuous as polling location (e.g., school, church, or fire station) might actually influence voting behavior, but the Stanford researchers have discovered just that. In fact, Wheeler says “the influence of polling location on voting found in our research would be more than enough to change the outcome of a close election.” And, as seen in the neck-to-neck 2000 presidential election where Al Gore ultimately lost to George W. Bush after months of vote counting in Florida, election biases such as polling location could play a significant role in the 2008 presidential election. Even at the proposition level, “Voting at a school could increase support for school spending or voting at a church could decrease support for stem cell initiatives,” says Wheeler.

Why might something like polling location influence voting behavior? “Environmental cues, such as objects or places, can activate related constructs within individuals and influence the way they behave,” says Berger. now an assistant professor of marketing at the Wharton school. “Voting in a school, for example, could activate the part of a person’s identity that cares about kids, or norms about taking care of the community. Similarly, voting in a church could activate norms of following church doctrine. Such effects may even occur outside an individual’s awareness.”

Using data from Arizona’s 2000 general election, Berger, Meredith, a visiting lecturer at MIT, and Wheeler discovered that people who voted in schools were more likely to support raising the state sales tax to fund education. The researchers focused on Proposition 301, which proposed raising the state sales tax from 5.0 percent to 5.6 percent to increase education spending. What they found was that voters were more likely to support this initiative if they voted in a school versus other types of polling locations (55.0 percent versus 53.09 percent).

This effect persisted even when the researchers controlled for—or removed the possibility of—other factors such as:

Where voters lived. People who have kids may be pro-education and more likely to live near, and hence vote at, schools; Political views. Those who voted for Gore or positively on other propositions; and Demographics including age, sex, etc.

In regards to the first control, for example, people were still more likely to support Proposition 301 if they had voted in schools than if they had voted in places that were not schools but had schools nearby. No matter how they cut and spliced the data, the researchers found that voters in schools were more likely to support Proposition 301.

“We want factors like political views—whether someone thinks a candidate is going to make our country a better place—to sway elections,” said Berger. “But in forming election policy, we also want to make sure that arbitrary factors such as polling location don’t ultimately influence voting behaviors.”

To further test their hypothesis, the researchers even conducted the same analysis for the other 13 propositions on the Arizona ballot. They reasoned that if voters who cast their ballots in schools were more likely to vote positively for other unrelated propositions on wildlife or property taxes, for example, then the researchers would know that their model was not adequately accounting for some other factor beyond polling location, and that something such as voting preferences was having an effect. But such additional testing only supported the researchers’ hypotheses further.

The researchers also followed up with a lab experiment that allowed for random assignment of voters to pictures of different voting environments that the researchers thought might influence voting behavior. Participants were shown 10 images from well-maintained schools (e.g. lockers, classrooms) or churches (e.g. pews, alters), plus five additional filler images of generic buildings. A control group was shown images of generic buildings.

The participants then voted on a number of initiatives including California’s 2004 stem cell funding initiative, Arizona’s education initiative, and several others. Initiative wording was taken right from each state’s legislative council documents. As predicted by Berger, Meredith, and Wheeler: Environmental cues contained in the photos influenced voting.

Results from the second study showed that participants were less likely to support the stem cell initiative if they were shown church images than if they were shown school images or a generic photo of a building. The subjects also were more likely to support the education initiative if they were shown school images versus church or generic building images. The results further demonstrated that environmental cues present in different polling locations can influence voting outcomes, even when voters are randomly assigned to different environmental cue conditions.

“What our research suggests is that it might be useful to further investigate influences such as polling location to better understand how such factors affect different types of voting situations. From a policy perspective, the hope is that a voting location assignment could be less arbitrary and more determined in order to avoid undue biases in the future,” says Wheeler.

(pdf here.)

From USA Today (2012):

University of Maine psychology professor Jordan LaBouff and co-author Wade Rowatt, Ph.D., associate professor of psychology and neuroscience at Baylor, have a new paper out in the International Journal for the Psychology of Religion, finding that people expressed “cold” rather than “warm” attitudes toward gay men and women if they were asked their views while they were within sight of a church.

The research, conducted in England and the Netherlands with participants of 20 different nationalities, found that the unmentioned but evident visual cue of a church prompted people to express more conservative views on a range of issues — foreign aid, immigration, protection of the environment, separation of church and state, and more.

LaBouff said Thursday, “The effect is not specific to Christianity, but the sight of a church highlights our internal boundaries — who is like us and who is not like us. And we are more negative toward people who are not like us, whether we are religious or not.”

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Implicit Bias in the Courtroom

Posted by The Situationist Staff on March 30, 2012

Situationist Contributor Jerry Kang and his numerous co-authors, Mark Bennett, Devon Carbado, Pamela Casey, Nilanjana Dasgupta, David Faigman, Rachel Godsil, Anthony Greenwald, Justin Levinson, and Jennifer Mnookin, have just posted their important paper, “Implicit Bias in the Courtroom” (forthcoming UCLA Law Review, Vol. 59, No. 5, 2012) on SSRN.  Here’s the abstract:

Given the substantial and growing scientific literature on implicit bias, the time has now come to confront a critical question: What, if anything, should we do about implicit bias in the courtroom? The author team comprises legal academics, scientists, researchers, and even a sitting federal judge who seek to answer this question in accordance with “behavioral realism.” The Article first provides a succinct scientific introduction to implicit bias, with some important theoretical clarifications that distinguish between explicit, implicit, and structural forms of bias. Next, the article applies the science to two trajectories of bias relevant to the courtroom. One story follows a criminal defendant path; the other story follows a civil employment discrimination path. This application involves not only a focused scientific review but also a step-by-step examination of how criminal and civil trials proceed. Finally, the Article examines various concrete intervention strategies to counter implicit biases for key players in the justice system, such as the judge and jury.

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Justice for Trayvon

Posted by The Situationist Staff on March 26, 2012


For The Situationist, Sabreena El-Amin (Harvard Law School student and President of the Student Association for Law and Mind Sciences (SALMS)), has authored the following legal analysis of the Trayvon Martin shooting and situationist analysis of the “stand your ground” doctrine.  We are pleased to publish it and look forward to more contributions from Sabreena and other members of SALMS.

The Trayvon Martin incident is of particular importance to me: not only as a Black person, not only as a law student, not only as a mother, but as a big sister. My younger brother is currently attending school at Barry University in Miami, Florida. He, like myself, loves Arizona Ice Tea. We are also both big fans of Skittles, though we have a particular preference for the sour kind. Most importantly, we both wear hoodies. I am now more nervous than ever for my brother: a 19-year-old black man walking the streets of Miami with a camera. With laws like the “Stand your Ground” statute, vigilantes like Zimmerman are free to roam the streets in Florida, singling out young black men and killing them seemingly without repercussions.

My argument will focus on two main points: 1) Zimmerman should have been arrested as the prosecution will likely be able to meet their burden of proof that his action was not in accordance with the statute; and 2) the Stand Your Ground statute should be repealed because a) it encourages armed individuals to respond to situations violently and b) it sanctions the attack of Blacks.  I will begin the article by outlining the facts as I know them. I understand that there are several different fact patterns floating around and the story is being developed daily. My arguments will be based solely on the facts mapped out below. I will continue by discussing why the facts would support the prosecution’s case, if one were to be brought, focusing mainly on a piece by Governor Granholm of Michigan. I will then go on to discuss the “Stand Your Ground” statute based on two psychological studies that show the statute endorses more violence than is reasonably necessary.

Facts*

Trayvon Martin, a 17-year-old Black male, was walking to his father’s home in a gated community in Sanford, FL after returning from a 7-Eleven convenience store. En route, 28-year-old self-appointed Neighborhood Watchman, George Zimmerman, spotted Trayvon and telephoned police that there was a suspicious young black man walking around. Zimmerman informed the police that the young man looked like he was on drugs and appeared to be reaching for something in his waistband. Initially Zimmerman claimed that the young man was coming right at him, and then that Trayvon was getting away. Zimmerman complained that “they” always get away. Dispatcher informed Zimmerman that they did not need him to follow Trayvon and Zimmerman said okay. Several residents of the area called in shortly after Zimmerman’s call to report that they heard screaming. In some cases, callers reported a black male lying on the ground. Each caller also heard gun shots and heard the screaming stop. One caller reported that there was a man in a white shirt on top of someone lying on the ground.

Police collected Trayvon’s body, tested him for drugs, ran a background check, labeled him John Doe and placed him in the morgue where he would lie for over 24 hours before he was identified. Trayvon was unarmed and in fact only had a can of Arizona Ice Tea and a bag of Skittles. Zimmerman was questioned after the shooting, but never arrested. Zimmerman weighed 250 pounds and had a history of vigilantism.

Zimmerman claims that he shot Trayvon in self defense. Florida has a statute (Fla. Stat. § 776.013, also called the “Stand Your Ground” statute) which states (in relevant part):

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

Zimmerman’s claims he was justified in his use of force based on this statute. It is not clear which clause Zimmerman’s defense is connected to.

Zimmerman has, since the incident, secured legal counsel. Zimmerman’s lawyer asserts that Zimmerman is not a racist and that he in fact mentors Blacks. His lawyer also stated that Zimmerman is currently in hiding, but has not fled the country. According to Zimmerman’s father, Zimmerman identifies as Hispanic.

Currently, Florida Governor Jed Bush does not believe Zimmerman’s actions are covered by the statute. There is a Department of Justice investigation in regards to the failure of the Sanford Police Department to arrest Zimmerman, President Obama has called for justice for Trayvon, and Sanford’s chief of police has stepped down. People across the country are expressing their distaste for the response to Trayvon’s murder and are, via protest, Facebook, articles, etc., calling for “Justice for Trayvon”.

Justice for Trayvon: Bringing Charges against Zimmerman

The “Stand Your Ground” statute essentially creates a presumption of self-defense in certain situations. Zimmerman has yet to be arrested because authorities do not believe there is enough evidence to rebut this presumption. I would like to focus this aspect of my piece on the following arguments: a) the facts of the case do not support a claim of self defense alleged pursuant to Fla. Stat. § 776.013(3) as Zimmerman appears to have been the attacker and not the victim, and b) the facts of the case do not support a claim of self defense pursuant to Fla. Stat. § 776.013(1) as Trayvon was unarmed and Zimmerman was likely acting unlawfully in his pursuit of Trayvon by misleading officials. Admittedly, only Zimmerman knows exactly what transpired during his altercation with Martin, and thus this argument may be moot after Zimmerman’s account becomes public.

Section 3 of the “Stand Your Ground” statute allows someone who is being attacked to respond with force and does not require them to first attempt to flee. Under a possible account of the facts, Zimmerman’s actions were self defense because he was attacked by Trayvon. Michigan Governor Jennifer M. Granholm wrote a piece on March 21, 2012 outlining several reasons why this account is unsupported by the facts as publicly known. In her piece Governor Granholm discusses five key pieces of evidence which refute Zimmerman’s claim:

  • 1.The call from Zimmerman to law enforcement, and the officers telling Martin not to pursue. Zimmerman whispers what many have described as a racial slur under his breath.
  • 2.There is a 911 call where you can hear a voice yelling for help and a firearm shot.
  • 3.Trayvon’s father identified his voice on that 911 call on Al Sharpton’s Politics Nation program on MSNBC.
  • 4.The account of the girlfriend, who says Trayvon told her by cellphone that he was being followed.
  • 5.Trayvon was not armed and weighed between 75-100 pounds less than Zimmerman.

The evidence that we know of — the public evidence — establishes that Zimmerman was the pursuer, and not the victim.

In addition to this evidence, a 9-11 caller reported a man in a white shirt on top of a man lying on the ground. Another caller reported a man lying on the ground screaming “Help” and hearing gun shots go off before he got the chance to go to the man for help. Trayvon’s parents have identified this voice as their sons on the tape. Zimmerman, however, claims that this is his voice, but in connection with the other evidence (e.g., that he was the heavier of the two and that Trayvon was unarmed), this will likely be refuted. Based on the facts as alleged, the situation seems to have been initiated by Zimmerman. Even if Trayvon fought back after being pursued, his actions were justified based on the same statute that Zimmerman is currently hiding under.

Section 1 of the “Stand Your Ground” statute creates a presumption of self defense if a person is doing something unlawful and the person using force knows or reasonably believes that an unlawful act is occurring or about to occur. There has been some discussion at my law school that if Zimmerman asserts that he witnessed Trayvon about to break into someone’s home then Zimmerman may likely have a claim. I think this is unlikely for two reasons. First, Trayvon was unarmed and, based on all available evidence, innocently walking home from the convenience store. In order for the presumption in section 1 to be triggered, the attacked must have been in the process of committing certain crimes. There has been no evidence advanced indicating that Trayvon was participating in any crime. In fact the evidence points to Trayvon being engaged in innocent activity. Second, section (2)(c) asserts that this presumption is unavailable if the attacker is engaged in an unlawful activity at the time of the attack. As the 911 tape shows, Zimmerman was told not to follow Trayvon and said “okay.” This act can be seen as misleading police officers, who were likely told by dispatch that Zimmerman would be waiting for them to arrive before doing anything further. This act is likely in violation of Fla. Stat. § 843.06, which makes the “neglect or refusal to aid peace officers” “in the preservation of the peace” unlawful. Zimmerman’s false compliance with the order may have delayed the response time of the dispatched officers and been the reason why the police were unable to respond to Zimmerman’s call in time to save Trayvon’s life. Arguably, Zimmerman’s actions show  neglect to assist a peace officer and thus could qualify as unlawful acts that will exclude Zimmerman from the protection of Fla. Stat. § 776.013(1).

Justice for Blacks in Florida: Repeal the Stand Your Ground Statute

I would like to start this section by clarifying two points. First, Florida is not the only state to have a version of the “Stand Your Ground” statute. According to the above-mentioned piece by Gov. Granholm, who describes the statute as “part of the American Legislative Exchange Council (ALEC)’s cluster of pro-NRA bills that shot through legislatures in the past few years”, Florida is only one of 17 states to have a statute of this kind. Secondly, studies suggest that it is very possible for Zimmerman to be a rational, tolerant, even intelligent, person and still to have reacted in the manner that he did. Many people have labeled Zimmerman a racist and even called him sadistic for his response to an innocent young boy. Sadly, while this may be true for Zimmerman, it does not have to be. Due to the freedom that this law opens up for people to act upon their fears, which may be based on their predisposition to certain opinions, I believe this law should be repealed immediately. Every minute that this law and laws like it remain on the books another Black person’s life is in jeopardy.

Guns Breed Violence

In a piece entitled “Holding a Gun Influences You to Think Others are Armed,” David DiSalvo discusses psychological research that suggests Zimmerman may have reasonably believed that Trayvon was armed. As the title of the piece indicates, James Brockholm’s study, which will be published in the upcoming edition of Journal of Experimental Psychology, supports the idea that the possession of a gun will influence your opinion of whether those around you are armed. Brockholm’s conclusion is that a person’s ability to act upon certain impulses can “bias their recognition of objects… in dramatic ways.” In the study, individuals holding toy guns were more likely to believe a person had a gun than those who were holding a ball and who simply had guns in the room, but not in their hand. The article describes this as the “blending of perception and action representations” which cause those holding guns to believe others are too.

The statute and others like it (e.g. Wisconson’s Castle Doctrine under which a homeowner recently shot and killed 20-year-old, unarmed Bo Morrison, without being charged) is meant to provide a means for people to protect themselves when actually threatened. Based on Brockholm’s research, the statute is actually allowing people to act upon perceived threat that is automatically enhanced by their ability to act against the threat. This research supports the idea that individuals with guns are likely to act frequently because they can act, and not because there is an actually threat. In Bo’s case, his hands were both in the air. In Trayvon’s case, he was walking with a cell phone, an Arizona Ice Tea, and Skittles. Neither youth was armed. Neither was attempting to harm anyone. But two lives are lost, and importantly, two men have taken a life because they were able to, not because they had to. These statutes encourage violence by giving gun holders the right and encouraging them to “meet force with force” when the force they perceive will always be equal to the force they are capable of exerting themselves. These types of laws should be repealed immediately in order to prevent more innocent people from losing their lives and others from taking lives.

People Focus on Blacks when on the Look-out for Criminal Activity

Recently, I took a photograph with some of my Black classmates at Harvard Law School. We wore hoodies and held signs asking “Do we look suspicious?” Unfortunately, research completed by Jennifer Eberhardt, Valerie Purdie, Phillip Goff, and Paul Daves in 2005 concludes that for many people the answer to that question is yes. “Seeing Black: Race, Crime, and Visual Processing” asserts that stereotypes are bidirectional. The article states:

the mere presence of a Black man…can trigger thoughts that he is violent and criminal. Simply thinking about a Black person renders these concepts more accessible and can lead to misremember the Black person as the one holding the razor. Merely thinking about Blacks can lead people to evaluate ambiguous behavior as aggressive, to mis-categorize harmless objects as weapons, or to shoot quickly . . . .

The studies show that not only does thinking about Blacks make people think of crime, but thinking about crime makes people think of Blacks. These studies were intentionally done with both civilians and police officers. The officers were as susceptible to this association. Importantly, the study showed that when one is told to look out for crime, their visual attention focuses on Black faces. They may thus unconsciously avoid criminal activity of non-Black actors. For instance, when experimenters asked police officers “Who looks criminal?,” the officers choose Black faces more often than White faces. The study makes it clear that racial animus is not required. The association is automatic and is even sparked in Blacks and others minorities.

Based on this research, Zimmerman may have associated Trayvon with criminality without having any negative opinions of Blacks. As a neighborhood watchman put on guard to look out for crime, he was likely looking for Blacks. Zimmerman was attempting to crack down on several robberies that had occurred in his neighborhood, and the possibility of criminal activity was salient in his mind, when Trayvon walked innocently by. Zimmerman may have reasonably believed that Trayvon was about to engage in unlawful behavior, but this belief was based on stereotypes and not supported by what was actually occurring. Section 1 of the statute protects people who seek out criminals and prevent their crimes from being completed. As people often unconsciously associate African Americans with crime, they may seek out African Americans engaging in ambiguous behavior percieve it as criminal. Acting upon this perception, they may attack (as Zimmerman did), under the protective shield of the Stand Your Ground Statute, leading to the harm of either themselves or innocent individuals. Based on this research it is clear that the first section of the statute puts a target on Blacks.

Implications

The implications of the research that I have outlined in this section are that people who carry guns and seek out criminal activity will be searching for Blacks and will automatically associate ambiguous behavior with criminal activity. Laws like the “Stand Your Ground” statute give these individuals the right to act upon their perception and harm these Black people regardless of what they are doing. This means that Blacks in such situations will likely have no control over being shot or attacked. Even worse it means that individuals will be searching for Blacks and may unconsciously overlook true criminal activity in an attempt to find images that support their perception. We should not provide support for individuals to act upon irrational conclusions that are not supported by the circumstances. This does not mean that there should be no protection of individuals who respond reasonably to imminent danger, but we should require their perception to be supported by fact and not stereotype and thus require them to be able to connect their fear to something more than the person’s race. We should deem this on a case by case and remove the blanket approval of such behavior. People should be instructed to call police when observing unlawful behavior or to attempt to retreat when in fear of being attacked. Thus the statute should be repealed and self-defense should return to being a defense of murder, and not a presumption of innocence that must be rebutted.

Conclusion

What happened to Trayvon Martin is an all too familiar story to many Blacks. We are profiled regularly based on stereotypes that we have no control over. As many of us mourn Trayvon’s death and remember many of our other brothers and sisters who have fallen victim to racial stereotyping, there is a concurrent legal movement attempting to shed some hope on the issue by bringing charges against Zimmerman. This movement should also focus on repealing the Florida statute. Once these actions are taken, we will be one step closer to Justice for Trayvon.

*I would like to thank Anisha Queen, David Korn, James Smith, and Professor Jon Hanson for their assistance and inspiration with this piece.

** The facts have been compiled from the following articles:

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Posted in Implicit Associations, Law, SALMS, Social Psychology | Tagged: , , , , , | 1 Comment »

New Research on the Dangers of Private Law Enforcement

Posted by Adam Benforado on March 22, 2012

In my last post on the Trayvon Martin shooting, I suggested that the dispositionist narratives being offered by many in the media might be missing the real story of why this tragedy happened.  Indeed, it might come down to “a toxic combination of negative stereotypes (linking blacks and crime) and a culture increasingly encouraging private law enforcement.”  (The focus of this law review article.)

This suggests that the debate taking place over the case perhaps ought to be shifted to the implicit biases of private citizens engaged in “policing” activities.  To this end, I thought it was worth introducing some fascinating new research by Jessica Witt and James Brockmole to be published in the upcoming issue of the Journal of Experimental Psychology: Human Perception and Performance.  According to a Notre Dame press release focused on the paper,

Wielding a gun increases a person’s bias to see guns in the hands of others, new research from the University of Notre Dame shows.

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. . . .

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In five experiments, subjects were shown multiple images of people on a computer screen and determined whether the person was holding a gun or a neutral object such as a soda can or cell phone. Subjects did this while holding either a toy gun or a neutral object such as a foam ball.

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The researchers varied the situation in each experiment — such as having the people in the images sometimes wear ski masks, changing the race of the person in the image or changing the reaction subjects were to have when they perceived the person in the image to hold a gun. Regardless of the situation the observers found themselves in, the study showed that responding with a gun biased observers to report “gun present” more than did responding with a ball. Thus, by virtue of affording the subject the opportunity to use a gun, he or she was more likely to classify objects in a scene as a gun and, as a result, to engage in threat-induced behavior, such as raising a firearm to shoot.

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“Beliefs, expectations and emotions can all influence an observer’s ability to detect and to categorize objects as guns,” Brockmole says. “Now we know that a person’s ability to act in certain ways can bias their recognition of objects as well, and in dramatic ways. It seems that people have a hard time separating their thoughts about what they perceive and their thoughts about how they can or should act.”

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The researchers showed that the ability to act is a key factor in the effects by showing that simply letting observers see a nearby gun did not influence their behavior; holding and using the gun was important.

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“One reason we supposed that wielding a firearm might influence object categorization stems from previous research in this area, which argues that people perceive the spatial properties of their surrounding environment in terms of their ability to perform an intended action,” Brockmole says.

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For example, other research has shown that people with broader shoulders tend to perceive doorways to be narrower, and softball players with higher batting averages perceive the ball to be bigger. The blending of perception and action representations could explain, in part, why people holding a gun would tend to assume others are, too.

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. . . .

All of this raises the possibility that the tragic shootings of unarmed men like Trayvon might reflect the mistaken determination by the shooters that the victim posed a lethal threat caused, in part, by the simple act of the shooter carrying a gun.

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Race, Guns, and the Danger of Private Law Enforcement

Posted by Adam Benforado on March 21, 2012

It is heartbreaking to read the details that are emerging concerning the killing of Trayvon Martin in Sanford, Florida.

Various theories have been advanced to explain how Trayvon, an unarmed African-American teenager, was shot in the chest by a neighborhood watch captain in a gated community.  Some have focused on the potential bad disposition of the shooter, while others have cast Trayvon as a potential aggressor.  But the most compelling explanation may relate to the impact of implicit racial bias.

Indeed, the tragedy of this case may ultimately come down to a toxic combination of negative stereotypes (linking blacks and crime) and a culture increasingly encouraging private law enforcement.

A little over a year ago, I wrote an article (Quick on the Draw: Implicit Bias and the Second Amendment) that takes up this precise topic.  Below is the abstract:

African Americans face a significant and menacing threat, but it is not the one that has preoccupied the press, pundits, and policy makers in the wake of several bigoted murders and a resurgent white supremacist movement. While hate crimes and hate groups demand continued vigilance, if we are truly to protect our minority citizens, we must shift our most urgent attention from neo-Nazis stockpiling weapons to the seemingly benign gun owners among us – our friends, family, and neighbors – who show no animus toward African Americans and who profess genuine commitments to equality.

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Our commonsense narratives about racism and guns – centered on a conception of humans as autonomous, self-transparent, rational actors – are outdated and strongly contradicted by recent evidence from the mind sciences.

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Advances in implicit social cognition reveal that most people carry biases against racial minorities beyond their conscious awareness. These biases affect critical behavior, including the actions of individuals performing shooting tasks. In simulations, Americans are faster and more accurate when firing on armed blacks than when firing on armed whites, and faster and more accurate in electing to hold their fire when confronting unarmed whites than when confronting unarmed blacks. Yet, studies suggest that people who carry implicit racial bias may be able to counteract its effects through training.

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Given recent expansions in gun rights and gun ownership – and the hundreds of thousands, if not millions, of private citizens who already use firearms in self-defense each year – this is reason for serious concern. While police officers often receive substantial simulation training in the use of weapons that, in laboratory experiments, appears to help them control for implicit bias, members of the public who purchase guns are under no similar practice duties.

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In addressing this grave danger, states and local governments should require ongoing training courses for all gun owners similar to other existing licensing regimes. Such an approach is unlikely to run into constitutional problems and is more politically tenable than alternative solutions.

If you’d like to read a free copy of the entire article, click here.

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Enclothed Cognition

Posted by The Situationist Staff on March 14, 2012

From Miller-McCune:

That’s the implication of a newly published study, which found wearing a white lab coat — a piece of clothing associated with care and attentiveness — improved performance on tests requiring close and sustained attention. Importantly, the effect was not found when the garment in question was identified as a visual artist’s coat.

“The clothes we wear have power not only over others, but also over ourselves,” Northwestern University scholars Hajo Adam and Adam Galinsky write in the Journal of Experimental Social Psychology. While much research has looked at how our wardrobe influences the way we’re perceived, their study examines its impact on our own thinking and behavior.

Adam and Galinsky call this internal dynamic “enclothed cognition.” That’s a play off the term “embodied cognition,” a line of research that examines the ways bodily sensations influence our thoughts and emotions. For instance, a 2010 study found assuming a body position connoting power leads people to feel and act more confident, even raising testosterone levels.

Could wearing items of clothing that have specific symbolic meaning have a similar effect? To test their thesis, the researchers chose a lab coat, since it is “the prototypical attire of scientists and doctors. Wearing a lab coat thus signifies a scientific focus (and conveys) the importance of paying attention to the task at hand and not making errors.”

The first of their series of three experiments featured 58 undergraduates, half of whom wore a disposable white lab coat. (Participants were told their predecessors had worn these jackets during an earlier round of the study to protect their clothing from construction-related dust. They were asked to put on the garments so that everyone took the test under identical conditions.)

Selective attention was measured by a Stroop task, the classic test in which participants are instructed to name the color of a word flashed on a computer screen, while ignoring the word itself.

Twenty of the 50 words were presented in incongruent colors, such as the word “red” spelled out in green letters. On those confusing items, people wearing the lab coats made around half as many errors as their peers.

But a white coat can mean different things to different people. To address that issue, the researchers conducted an experiment featuring 99 students. One-third were asked to wear what was identified as a medical doctor’s coat, while another third wore an identical jacket that was described as the sort of attire worn by a visual artist while he or she is painting.

The others wore their normal clothing, but a coat described as the sort M.D.s wear was displayed on a desk in front of them. As the experiment began, they were asked to write a short essay about the specific, personal meaning such a coat has for them.

All were then asked to complete four visual-search tests that featured two nearly identical pictures placed side by side. There were four minor differences between the two images; participants were instructed to find the discrepancies and write them down as quickly as possible.

Those told they were wearing a doctor’s coat found more differences than those told they were wearing a painter’s coat. Since they all took about the same amount of time to finish the test, the researchers attributed their higher scores to “heightened attention” rather than simple persistence.

So wearing the simple garment focused their minds, but only when it was associated with medicine rather than artistic expression. Those who had looked at and thought about the doctor’s coat, but didn’t actually wear one, scored in between the other two groups.

“The main conclusion that we can draw from the studies is that the influence of wearing a piece of clothing depends on both its symbolic meaning and the physical experience of wearing the clothes,” Adam and Galinsky write. “There seems to be something special about the physical experience of wearing a piece of clothing.”

More.

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Posted in Embodied Cognition, Implicit Associations | Tagged: , , , | 2 Comments »

John Bargh Responds

Posted by The Situationist Staff on March 11, 2012

On his blog, The Natural Unconscious, Situationist Contributor John Bargh has posted a long response to an article written by a group of social psychologists who were unable to replicate one of Bargh’s classic studies.  Here’s the opening paragraph of Bargh’s post:

Scientific integrity in the era of pay-as-you-go publications and superficial online science journalism. What prompts the return of the blog is a recent article titled “Behavioral Priming: It’s All in the Mind, but Whose Mind?”  by Stéphane Doyen, Olivier Klein, Cora-Lise Pichon, and Axel Cleeremans. The researchers reported that they could not replicate our lab’s 1996 finding that priming (subtly activating in the minds of our college-age experimental participants, without their awareness) the stereotype of the elderly caused participants to walk more slowly when leaving the experiment. We had predicted this effect based on emerging theory and evidence that perceptual mental representations were intimately linked with behavioral representations, a finding that is very well established now in the field (see below). Following their failure to replicate, Doyen et al. went on to show that if the experimenter knew the hypothesis of the study, they were able to then find the effect. Their conclusion was that experimenter expectancies or awareness of the research hypotheses had therefore produced the effect in our original 1996 study as well—in other words, that there was no actual unconscious stereotype effect on the participants’ behavior.

Read more here.

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Posted in Classic Experiments, Implicit Associations, Situationist Contributors | Tagged: , , | 1 Comment »

The Situation of Ability

Posted by The Situationist Staff on March 8, 2012

From Scott Barry Kaufman‘s Huffington Post post (1/9/12):

A bulk of research shows that when people are put in situations where they are expected to fail, their performance does plummet. They turn into different people. Their head literally shuts down, and they end up confirming the expectations. When they’re expected to win, their performance shoots back up. Same person, difference expectations.

In recent years, this phenomenon has been studied in a variety of high-stakes testing situations. One area that has received a lot of attention is in the domain of mental rotation. Out of all the gender differences in cognition that have been reported in psychological literature, 3D mental rotation ability takes the cake. While it’s true that there’s more variability within each gender than across genders, the differences on average between males and females on mental rotation tasks are notably large, in some cases as much as a full standard deviation. (That’s a big difference.)

Psychologists have been trying for years to figure out what factors are causing this difference. And there have been no shortage of speculations, ranging from purely biological explanations, to purely environmental factors, to middle-ground psychobiological views. While a number of different factors surely play a role, recent research suggests that the difference in performance may not have to do so much with actual ability, but perceptions of that ability.

People are aware of the stereotype that females have less aptitude at math and spatial skills than men. In fact, in one study almost half of the female participants endorsed this stereotype. This awareness matters. When asked to imagine themselves as a stereotypical male, females perform much better on a mental rotation task than when they are not given such an instruction. Additionally, when women are asked to report their gender before taking a mental rotation test, they perform much worse on the test than if they identify themselves as a “private college student.” This finding has been explained by “stereotype threat” — the tendency for members of a negatively stereotyped group to underperform on tasks relevant a culturally salient stereotype. According to this account, having females report their gender before taking the mental rotation task makes the cultural stereotype more salient to them, thus causing performance-reducing anxiety.

It’s intriguing how easily these effects can be nudged, for both males and females. In another important study, both men and women completed a test of mental rotation, and were then either informed that men do better on the task, or women do better on the task. The same participants then took another test of mental rotation. Women performed significantly worse after being told men do better on the task, whereas women who were told that women do better on the task performed significantly better at the very same task. Similarly, men performed better after being told that men are better at the task and performed worse after being told that women are better at the task. What we believe is true matters. To a very large extent, our beliefs create our own reality.

But what’s the psychological mechanism at play here? Some stereotype threat researchers have proposed that confidence is playing a key role here. Perhaps the stereotype threat is impacting confidence, and it is this decrease in confidence that is impacting performance. To test whether confidence explains the gender difference in mental rotation performance, Zachary Estes and Sydney Felker conducted four recent experiments. They administered the most common test of mental rotation, the Mental Rotations Test (MRT). In this test, participants are presented with one standard figure and four alternative figures. Two of the alternative figures are rotated versions of the standard figure, whereas the other two are mirror images of the standard figure. Here’s an example:

2011-12-16-Figure165.png

Their findings are quite striking. First it should be noted that confident people, regardless of their gender, tended to be more accurate. So confidence matters for everyone. They did find statistically significant gender effects though. Consistent with prior research, males on average were more confident and more accurate than women on the mental rotation test. Note these are only averages, there were women who were more confident and performed better than men. At any rate, when confidence was taken into account, the gender difference in mental rotation scores almost completely evaporated. This is quite impressive, considering there are very few studies showing that one variable can completely account for this very large gender difference.

Of course, it’s still not super clear whether it’s really confidence, and not mental rotation ability, that is causing the gender difference in mental rotation performance. To get to the bottom of this, the researchers manipulated confidence, keeping everything else the same. The way they manipulated confidence was quite clever. The way the task is typically administered, participants can omit responses. Research does show that females tend to offer fewer responses than males on the Mental Rotations Task. The researchers wondered whether the possibility of omitting responses makes confidence an important factor in performing on the task. When participants aren’t required to respond, their confidence becomes relevant to the task, but when participants are required to respond, confidence should have less of an effect on performance since the person doesn’t have to evaluate their confidence on each trial.

To test this possibility, one group took the Mental Rotations Test, but were allowed to omit trials whenever they wanted. In contrast, another group was required to respond on every single trial. While they found the typical gender difference using the standard instructions, males and females did not differ from each other when they were required to give an answer on each trial. These findings support the idea that the gender differences on this task is specifically related to confidence, not ability. Once participants were again required to rate their confidence levels on each trial, a gender difference once again emerged on the task.

Finally, the researchers manipulated confidence prior to the experiment. First they had participants complete a difficult line judgment task. Performance on this task was near chance for both males and females. After completing the task, participants were randomly told either that their performance was above average or it was below average. Then, participants completed the Mental Rotations Task. Regardless of gender, those who were told that their performance on the line judgement task was above average performed better on the mental rotation task than those who were told they performed below average on the task. As they found in their prior studies, males on average outperformed females on the Mental Rotation Task. However, there was no difference in performance between females in the higher confidence group and males in the low confidence group.

Taken together, the researchers conclude that “the sex difference in mental rotation appears to be a difference of performance rather than ability.” Their results are definitely intriguing since confidence explained such a large part of the gender difference in mental rotation performance. Of course, there’s probably no one single cause of the sex difference in mental rotation ability. As the researchers note, few investigations combine multiple levels of analysis. This integration is important.

One potential area of integration is working memory. Working memory reflects the ability to store information in your mind while simultaneously processing or transforming other information. A few years back, I conducted a study that found that spatial working memory, but not verbal working memory, explained the gender difference in spatial ability. I thought these findings were really interesting, as it suggested that the cause of the gender difference was very specific to the storage of spatial information while processing other information, but was not generalized to more general working memory resources. The researchers of the current study cite my study, and speculate that confidence may be related to working memory. I find this suggestion a real possibility. Research does show that stereotype threat reduces the working memory resources available for solving the task at hand. Perhaps many of us — male and female alike — when faced with threatening situations, have decreased confidence, which then lowers the working memory resources specific to the task at hand.

So what can we do as a society to give people more of a chance to display their true colors? The researchers offer the following advice:

Potentially effective methods for achieving this outcome include rejecting the negative stereotype that women have poor spatial skills, encouraging women to view spatial skills as learnable, encouraging females to engage in more spatial tasks, and providing positive feedback when they do so.

Sensible advice, but I think this is sensible advice for just about everyone — male and female — and for every form of ability — math, English, artistic, musical, whatever. So much research now shows the importance of mindset, self-belief and confidence on performance. I look forward to more research that integrates multiple levels of analysis.

So many important questions are still left to answer. What does confidence buy you? . . .

Read the rest of the post (with links) here.

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Posted in Education, Emotions, Implicit Associations, Social Psychology | Tagged: , , , | 1 Comment »

Nancy Gertner on the Situation of Feminism

Posted by The Situationist Staff on March 3, 2012

From Harvard Gazette:

Nancy Gertner is a former federal judge, the author of a recent memoir (“In Defense of Women”), a professor of practice at Harvard Law School, and an authority on sentencing, jury system discrimination, forensic evidence, and other legal areas.

But go back to June 1971, the month she had a loud argument with her mother in their kitchen in Flushing, Queens, N.Y. Gertner was about to graduate from Yale Law School and assume a prestigious clerkship in Chicago. But her mother wanted her to take the test to be a Triborough Bridge toll taker — just in case.

For a young woman lawyer at the time, “just in case” wasn’t a bad idea. The law was a man’s world. But just a decade later, the culture seemed to swing toward what feminists worked for: parity. By the late 1980s, first-rate law firms were hiring men and women in equal numbers. “We thought the numbers would do everything,” Gertner said during a lunchtime talk on Feb. 23 that was sponsored by the Women and Public Policy Program at the Harvard Kennedy School. (Weekly talks there are part of the program’s mission to create gender equality.)

But faith in the raw numbers turned out to be “dramatically wrong,” said Gertner. “Advancement has stalled.” Half of all new lawyers are women, she said, but only 16 percent of equity partners in law firms are female. And of lawyers who leave the profession, most are women — and most do it because of family and social concerns.

Gertner used the lens of the legal profession to speculate why, after earlier rapid advances, feminism’s cultural agenda seems to have stalled. (Universities, she said, are in an analogous position, with plenty of women graduating as Ph.D.s, but few getting to the top of the academic game.)

During her years on the bench from 1994 to 2011, Gertner got used to being trotted out at events as an example of progress. “You’re supposed to say: ‘Things are fabulous,’ ” she told her audience at the Taubman Building’s Cason Seminar Room. But they are not. The women’s movement was not just about having more choices, she said, but about “revolutionary” changes in the workplace and at home that have not happened yet.

In today’s “imperfectly transformed world,” said Gertner, it is social expectations and an “unfriendly workforce” that mean a woman — if anyone — usually will stay home with the children. (She called this reality “the maternal wall.”)

Gertner cited one study that showed 30 percent of women leaving the law, including 15 percent of equity partners, those with a financial stake in a firm. Another study, she said, showed that 34 percent of female law graduates have worked part time, compared with only 9 percent of their male counterparts.

So without a corresponding transformation of family responsibilities, feminism is likely to stay stalled, she said. “We’ve hit a wall.”

It’s not a situation that discrimination lawsuits can correct, said Gertner, because so many women are “leaning out” of their professions — that is, anticipating future pressures and so choosing career paths that enable them to leave the workplace more readily. (She gave as an example the woman who chooses a small family-practice firm over a larger one that presents more challenges and opportunities.) “If women are leaning out” of their own volition, said Gertner, “then their failure to advance can’t be the subject of a lawsuit.”

Besides, she added, overt gender discrimination in the workplace has gone the way of discos and bell-bottoms, “a world that no longer exists.” What is left, said Gertner, is “implicit bias,” which has the same stalling effect on feminism as the maternal wall.

There is also an issue with executing the law itself — a denial of the power of context. The gender discrimination lawsuits that do make it to court are weakened by a tendency to “slice and dice” the circumstances of alleged discrimination, said Gertner. “You don’t look at them as a course of conduct,” but as separate events. “Discrimination in the real world does not fit into the legal models we have.”

One way to counteract this tendency in the law is to have judges on the bench who are aware of the way the world works. “I had an appreciation of context,” said Gertner of her time as a judge. “I never saw the law as legal rules on the page.” (That appreciation, in part, was biographical. Her judicial tenure was influenced by her early childhood in a tenement on Manhattan’s lower East Side, by championing unpopular clients as a young lawyer, and by becoming a mother at age 39.)

In the absence of overt gender discrimination, it is hard to get legal redress, said Gertner. For young women in the workplace today, “it’s the opacity of discrimination” that makes advancement difficult, she said, instead of the stark realities of discrimination in the 1970s. Gertner said, “It was easier for me.”

With feminism stalled by social pressures at home and the workplace, she offered a radical idea. “The government needs to step up to the plate,” Gertner said, beginning by providing incentives for day care that would make it easier for women to combine career and work.

After all, there is a “business case” to be made for gender equality in law firms and workplaces, “beyond the obvious need to tap a rich vein of talent,” said Gertner. In a diverse world, workplace diversity adds to “the texture and the richness of the dialogue,” she said.

In the end, feminism’s mission of workplace parity has been stalled by the three factors of the maternal wall, implicit bias, and the opacity of discrimination, Gertner said.

She said advocates have a list of things to do: parse workplace discrimination by collecting the right data; engage in collective action; and challenge the government to underwrite day care and other engines of cultural change.

But all this is not enough. “The most important thing is: We have to be unsatisfied,” Gertner told her largely female, professional audience. “We have to not believe that this was the accomplishment of the women’s movement — that I’m here and that you’re here is somehow all we can achieve.”

Reltated Situationist posts:

Image by Jon Chase/Harvard Staff Photographer.

Posted in Ideology, Implicit Associations, Law, Public Policy | Tagged: , , , | Leave a Comment »

The Big Game: What Corporations Are Learning About the Human Brain

Posted by Adam Benforado on February 5, 2012

This post was originally published on February 4, 2007.

Superbowl XLI

As I stake out my position on the couch this evening – close enough to reach the pretzels and my beer, but with an optimal view of the TV – it will be nice to imagine that the spectacle about to unfold is a sporting event.It shouldn’t be too hard: after all, there on the screen will be the field, Brian Urlacher stretching out his quads, Peyton Manning tossing a football, referees in their freshly-starched zebra uniforms milling about.Yes, I’ll think to myself, this has all the makings of a football game.

How foolish.

The Super Bowl isn’t about sports; it’s about making money.And with 90 million or so viewers, there is a lot of money to be made.

With CBS charging an estimated $2.6 million for each 30-second advertising spot, it’s no surprise that corporations don’t mess around with guessing what the most effective approach will be for selling their products.They call in the scientists.brain-on-advertising.jpg

For the second year in a row, FKF Applied Research has partnered with the Ahmanson-Lovelace Brain Mapping Center at the University of California, Los Angeles, to “measure the effect of many of the Super Bowl ads by using fMRI technology.”The research involves “track[ing] the ads on a host of dimensions by looking for activity in key parts of the brain areas that are known to be involved in wanting, choosing, sexual arousal, fear, indecision and reward.”As the FKF website explains, why this research is useful to Fortune 100 companies is that it

shows clearly that what people say in focus groups and in response to poll questions is not what they actually think, feel and do. fMRI scans using our analytical methods allow us to see beyond self report and to understand the emotions and thoughts that are driving (or impeding) behavior.

Looking beyond the spoken word provides immense and actionable insights into a brand, a competitive framework, advertising and visual images and cues.

As it turns out, “brand” lives in a particular place in the human brain:

[W]hen [FKF] did an academic study on the impact of iconic brands, such as Pepsi and Coke and McDonalds, [they] found that the same part of the brain lit up over images of sports logos – say, for the NBA or NFL. There is a clear connection in the human brain between the anticipation of eating that you get from, say, the Coke logo and with the NBA logo.

nfl-coke-logos.jpg

For someone like me, who has always wondered why I feel so hungry reading the sports page, this is interesting stuff.For a corporate CEO, this is extremely interesting – and actionable – stuff.For everyone else . . . this is a reason to be concerned.

Corporations are using science to figure out how our brains work so they can sell more products and what they are finding is that our brains don’t work the way we think they do.

Anticipating this worry, FKF has an Ethics tab on its website:

We are committed to the highest level of ethical behavior in conducting our work. We are determined to be diligent in carving out a new field, and being a leader and advocate in ensuring the best interests of our subjects, the public, and our clients are protected. . . . We believe that wide dissemination about how people make decisions will empower all concerned – both consumers and purveyors of information. Such information, freely discussed in a democracy, will allow us to understand better how marketing is affecting us, discredit manipulation, promote communication, and help illuminate a process that fundamentally shapes the lives of human beings.

Sounds good – in fact, it sounds like situationism, and I have no reason to think that the founders of FKF, or the university scientists with whom they work, aren’t upstanding citizens with good moral compasses.It’s just that I’m still uneasy.

Corporations don’t exactly have a good track record when it comes to learning counterintuitive information about human decision making and then using it responsibly.Rather, the best approach for maximizing shareholder profit is to discover some seemingly-illogical detail about the human brain, use that knowledge to sell more widgets, and then convince the public that their naïve (and incorrect) beliefs about how they make choices are, in fact, correct.

Take big tobacco: as Jon Hanson and others have documented, after figuring out that nicotine was addictive and could compel people to buy marlboro-sm.jpgMarlboros, cigarette companies made a concerted effort to both up nicotine concentrations in their products and convince people, through advertising, that they were rational actors who were not easily manipulated.From the perspective of an entity that is charged, through our legal rules, with making money (and not with doing social good), it makes little sense to alter peoples’ situations to get them to be better consumers and then tell them that you are doing it and that it matters.

Why, that would be as silly as announcing a weak-side blitz to the quarterback before the play.Sure, it would be the nice, ethical thing to warn decent gentlemen like Manning and Rex Grossman of the imminent threat, but it’s not part of the game we’ve developed.Football is a game where you can get blind-sided.

As corporations and our brains make certain, so is watching football.

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(To read about the results of a brain-scan study of men and women watching the 2006 Super Bowl by UCLA neuroscientist Marco Iacobini, click here. To listen to a recent one-hour NPR (On Point) program on “The Changing World of Advertising,” click here.)

Posted in Emotions, Entertainment, Food and Drug Law, Implicit Associations, Life, Marketing, Situationist Sports | 4 Comments »

The Interior Situation of Atrocities

Posted by The Situationist Staff on January 10, 2012

From People’s World (an article summarizing recent research by Situationist Contributor Susan Fiske):

Why do people commit atrocities? What is responsible for brutality and the cold blooded murder of innocents carried out by Nazis, the Hutu in Rwanda, or the United States against the Vietnamese people and more recently much of the civilian population of Iraq? Some scientists believe they have found the answer.

ScienceDaily reports (“Brain’s Failure to Appreciate Others May Permit Human Atrocities,” 12-14-2011) that the part of the brain responsible for social interaction with others may malfunction resulting in callousness leading to inhumane actions towards others. Scientists at Duke and Princeton have hypothesized, in a recent study, that this brain area can “disengage” when people encounter others they think are “disgusting” and the resulting violence perpetrated against them is due to thinking these objectified others have no “thoughts and feelings.”

The study, according to ScienceDaily, considers this a “shortcoming” which could account for the genocide and torture of other peoples. Examples of this kind of objectification can be seen in the calling of Jews “vermin” by the Nazis, the Tutsi “cockroaches” by the Hutu, and the American habit of calling others “gooks” (as well as other unflattering terms).

Lasana Harris (Duke) says, “When we encounter a person, we usually infer something about their minds [do they have more than one?] Sometimes, we fail to do this, opening up the possibility that we do not perceive the person as fully human.” I wonder about this? What is meant by fully human? Surely the Hutu, for example, who had lived with the Tutsi for centuries, did not really fail to infer that they had “minds.”

Practicing something called “social neuroscience” which seems to consist of showing different people pictures while they are undergoing an MRI and then drawing conclusions from which areas of the brain do or do not “light up” when asked questions about these pictures, the scientists conducting this study discovered that an area of the brain dealing with “social cognition”– i.e., feelings, thoughts, empathy, etc., “failed to engage” when pictures of homeless people, drug addicts, and others “low on the social ladder” were shown.

Susan Fiske (Princeton) remarked, “We need to think about other people’s experience. It’s what makes them fully human to us.” ScienceDaily adds the researchers were struck by the fact that “people will easily ascribe social cognition– a belief in an internal life such as emotions– to animals and cars, but will avoid making eye contact with the homeless panhandler in the subway.”

More.

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Image from Flickr.

Posted in Altruism, Conflict, Ideology, Implicit Associations, Neuroscience, Social Psychology | Tagged: , , | Leave a Comment »

Illusion of Judicial Objectivity

Posted by The Situationist Staff on November 27, 2011

Daniel Real and Judge John Irwin have posted their article, “Unconscious Influences on Judicial Decision-Making: The Illusion of Objectivity” (McGeorge Law Review, Vol. 43, 2010) on SSRN.  Here’s the abstract.

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Judicial decision making is influenced by unconscious decisions and motivations – implicit biases. This paper explores how implicit bias impacts judicial decision-making, as well as considerations for minimizing negative impacts of implicit bias.

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Here is the article’s preview.

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Most people, especially members of the judiciary, strive to make decisions that are correct, fair, ethical, and that are free from the influence of biases and prejudices. For members of the judiciary, the very notion of impartial decisionmaking is codified in the Judicial Code of Conduct. It is in the very nature of being a judge to be an impartial and unbiased arbiter of the cases presented to the court for disposition. Most judges expend significant energy and thought consciously avoiding personal biases and prejudices in the decision-makingprocess.

When considering biases and prejudices that influence decision-making, what most readily comes to mind is conscious bias and prejudice. But in recent years the subject of implicit bias—unconscious or subconscious influences on decision-making—has reemerged in a variety of psychological and social science venues and has potentially significant ramifications in judicial decision-making. This paper introduces the concept of implicit bias in useful terms and then points the reader to deeper and more nuanced discussions of the subject and its ramifications across the social science spectrum. This paper will then consider some aspects of implicit bias’ role in judicial decision-making, both in terms of quick, heat-of-trial decisions (known as “blinking”) and in terms of carefully considered and weighed decisions (known as “staring”). Finally, this paper proposes some avenues of thought for future consideration about implicit bias’ potential influences and possible steps toward minimizing whatever harmful effects it might have on judicial decision-making.

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Download the article for free here.

Related Situationist posts:

For a list of Situationist posts discussing the research on implicit bias and the IAT, click here.

Posted in Abstracts, Implicit Associations, Law, Legal Theory, System Legitimacy | 1 Comment »

Implicit Juror Bias

Posted by The Situationist Staff on November 1, 2011

Anna Roberts posted her article, “(Re)Forming the Jury: Detection and Disinfection of Implicit Juror Bias” (Connecticut Law Review, Vol. 44, 2012) on SSRN.  Here is the abstract.

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This Article investigates whether one of the most intractable problems in trial procedure can be ameliorated through the use of one of the most striking discoveries in social science. The intractable problem is selecting a fair jury. Current doctrine fails to address the fact that jurors harbor not only explicit, or conscious bias, but also implicit, or unconscious, bias. The discovery is the Implicit Association Test (“IAT”), an online test that aims to reveal implicit bias.

This Article conducts the first comparison of proposals that the IAT be used to address jury bias. They fall into two groups. The first group would use the IAT to “screen” potential jurors for implicit bias; the second group would use the IAT to educate jurors about implicit bias. These proposals merit deeper consideration. Implicit bias is pervasive, and affects crucial juror functions: evaluation of evidence, recall of facts, and judgments of guilt. Juries are generally told nothing about implicit bias. The judiciary has expressed concern about implicit juror bias, and sought help from the academy in addressing the problem.

I provide what the proposals lack: critique and context. I show that using the IAT to screen jurors is misguided. The educational project has merit, however, since implicit bias can be countered through knowledge of its existence and motivation to address it. To refine the project, I identify two vital issues that distinguish the proposals: when jurors should learn about implicit bias, and how they should learn.

On the issue of when, I argue that the education should begin while the jurors are still being oriented. Orientation is not only universal, but, as research into “priming” and “framing” has shown, a crucial period for the forming of first impressions. On the issue of how, I argue that those proposals that would include the jurors taking an IAT are superior to those that would simply instruct jurors on what the IAT shows. In an area fraught with denial, mere instruction would likely be dismissed as irrelevant. I use pedagogical theory to show that experiential learning about bias is more likely to be effective.

I bring when and how together, proposing a model that would include the use of the IAT as an experiential learning tool during orientation. It would harness the civic energy of jurors to an educational purpose, rather than letting it morph into boredom; by putting jurors in an active mindset, it would enhance their satisfaction with the process, and their ability to perform optimally. As for potential jurors who are never selected, their participation would honor the long-standing educational function of jury service.

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Download the article for free here.

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Posted in Abstracts, Implicit Associations, Law | Tagged: , , , | Leave a Comment »

Juror Bias

Posted by The Situationist Staff on October 30, 2011

Jessica West recently posted her article, “12 Racist Men: Post-Verdict Evidence of Juror Bias” (Harvard Journal of Racial & Ethnic Justice, Vol. 27, p. 165, 2011) on SSRN. Here’s the abstract.

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Federal Evidence Rule 606(b) and similar state rules prohibit post-verdict admission of juror statements, including racist or biased remarks, made during deliberations. The roots of the evidentiary prohibition are historically deep and the interests underlying the Rule implicate the very existence of the jury system. Constitutionality of the post-verdict evidentiary exclusion is based upon the presumption that pre-trial and trial mechanisms exist to discern juror bias prior to deliberations. Empirical studies and recent cases indicate, however, that these mechanisms do not currently operate to adequately expose or remove juror biases. This article argues that the expansion of these mechanisms, including more diverse jury venires, more robust and effective juror voir dire, less discretion for parties to remove jurors on the basis of race, and the development of jury admonitions directly addressing bias, will reduce juror expressions of bias during deliberations. Even with these reforms, however, not all juror bias will be disclosed and, whether for reasons of embarrassment, inattention or intent, some jurors will misrepresent material biases during voir dire. To address juror misrepresentations during voir dire, the article proposes a narrow exception to Rule 606(b) permitting inquiry into juror bias for the purpose of showing juror misrepresentation. The article’s unique approach of combining enhanced pre-trial and trial mechanisms with a narrow exception to the rule to address juror misrepresentations strikes a balance between upholding the goals underlying Rule 606(b) and the right to a fair trial by an impartial jury.

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Download the paper for for free here.

Related Situationist posts:

Posted in Abstracts, Implicit Associations, Law | Tagged: , , , | Leave a Comment »

Race Effects on Ebay

Posted by The Situationist Staff on October 24, 2011

Ian Ayres, Situationist Contributor Mahzarin Banaji, and Christine Jolls recently posted their paper, titled “Race Effects on Ebay” on SSRN.  Here’s the abstract.

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We investigate the impact of seller race in a field experiment involving baseball card auctions on eBay. Photographs showed the cards held by either a dark-skinned/African-American hand or a light-skinned/Caucasian hand. Cards held by African-American sellers sold for approximately 20% ($0.90) less than cards held by Caucasian sellers, and the race effect was more pronounced in sales of minority player cards. Our evidence of race differentials is important because the on-line environment is well controlled (with the absence of confounding tester effects) and because the results show that race effects can persist in a thick real-world market such as eBay.

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Download the paper for free here.

Related Situationist posts:

Posted in Abstracts, Implicit Associations, Marketing, Online Experiment | Tagged: | Leave a Comment »

The Roots of Racism in Rhesus Monkeys

Posted by The Situationist Staff on October 19, 2011

From Big Think:

Laura Santos on why our prejudices may be deeply ingrained in our evolutionary development.

Related Situationist posts:

Posted in Evolutionary Psychology, Implicit Associations, Video | Tagged: , , , , | Leave a Comment »

 
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