Legal Judgment and the Motivation for Justice by Wiener, Richard L.; Hansen, David J.;

Long description:

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This volume takes as its point of departure that those who work in the area of law and psychology currently possess a great deal of knowledge about the psychology of the legal system, including the way in which the behavior of legislators, judges, jurors, attorneys, litigants, and defendants shapes the outcome of justice. It has also become very clear that the main obstacles to beneficial modifications to the legal system stem from the lack of motivation to seek justice, motivation to change legal process, and motivation to make use of evidence-based decision making. The purpose of this volume is to examine the antecedents of the motivation for justice, describe how that motivation activates and manifests in various legal institutions (i.e., elections, legislatures, courts, and executive offices), and trace the failure of that motivation to influence legal decision making. This will include research and commentary about a) where the motivation for justice comes from when people make legal judgments and decisions, b) how the motivation for justice influences legal judgments and decisions, and c) how legal judgments and decisions influence the motivation for justice in positive and negative ways. This topic is paramount at the current time in our history in view of the apparent breakdown of society’s beliefs in our institutions and trust in the democratic process, which has contributed to a system that has increasingly operated from tribalistic impulse rather than from a richer motivation for authentic justice.

Table of Contents:

Chapter 1. Legal Judgment and the Motivation for Justice.- Chapter 2. Toward A Community Model in the Motivations for Justice and Legal Judgment.- Chapter 3. Police Discretion as a Vulnerability Factor for Disparate Treatment.- Chapter 4. Zeal, Motivation, and the Adversarial Bias.- Chapter 5. Sentencing for Multiple Offenses: When Seeking Justice is too Cruel and Cognitively Demanding.- Chapter 6. Does ideology undermine procedure-based legitimacy?.- Chapter 7. Motives for Civil Justice.- Chapter 8. Why Do People Use ADR?.- Chapter 9. Justice and Culture.- Chapter 10. Legal Judgment and the Motivation for Justice: What have we learned?.